Southern  Branch 
of  the 

University  of  California' 

f  Los  Angeles 

Form  L  1  IJt*Bff|r 


.  JUL  1      1931 

APR  t      jg4,^ 
MAR  25  1948 

^P^  '  4  1952! 
APR  1  6  1958 


Form  L-9  -5»n-7,'23 


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FREE  SCHOOLS 


A  Documentary  History  of  the  Free  School 
Movement  in  New  York  State 


BY 

THOMAS  E.  FINEGAN 

Deputy  Commissioner  of  Education  and  Assistant 

Commissioner  for  Elementary  Education 


f^J'i'j 


46713 


ALBANY 

THE   UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

I921 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

Regsnts  of  the  Uaiversity 
With  years  when  terms  expire 

1926  Pliny  T.  Sexton  LL.B.  LL.D.  Chancellor    -    -  Palmyra 

1927  Albert  Vander  Veer  M.D.  M.A.  Ph.D.  LL.D. 

Vice  Chancellor      ---------  Albany 

1922  Chester  S.  Lord  M.A.  LL.D.  -----  Brooklyn 
1930  William  Nottingham  M.A.  Ph.D.  LL.D.  -  -  Syracuse 
1921  Francis  M.  Carpenter    ------    -  Mount  Kisco 

1923  Abil\m  I.  Elkus  LL.B.  D.C.L.  LL.D.    -    -    -  New  York 

1924  Adelbert  Moot  LL.D.      ----___  Buffalo 

1925  Charles   B,  Alexander   M.A.    LL.B.    LL.D. 

Litt.D.       ----------    -Tuxedo 

1919  John  Moore  LL.D.     --------  Elmira 

1928  Walter  Guest  Kellogg  B.A.  LL.D.     -    -    -  Ogdensburg 

1920  James  Byrne  B.A.  LL.B.  LL.D.      -    -    -    -  New  York 

1929  Herbert  L.  Bridgman  M.A.  ------  Brooklyn 

President  of  the  University  and  Commissioner  of  Education 

John  H.  Finley  M.A.  LL.D.  L.H.D. 

Deputy  Commissioner  and  Assistant  Commissioner  for  Elementary  Education 

Thomas  E.  Finegan  Mj\.  Pd.D.  LL.D. 

Assistant  .Commissioner  and  Director  of  Professional  Education 

Augustus  S.  Downing  M.A.  L.H.D.  LL.D. 

Assistant  Commissioner  for  Secondary  Education 

Charles  F.  Wheelock  B.S.  LL.D. 

Director  of  State  Library 

James  I.  Wyer,  Jr,  M.L.S. 

Director  of  Science  and  State  Museum 

Y  I  ly,  .•;:  J-o£rN:  M.  Clarke  D.Sc.  LL.D.,    .^i  : 

Chiefs  and  Directors  of  Divisions 

('t*    *      '      1',''       '     *     ('tiiii,,,  •      •• 

Administratioitij.'Hi&AM,C;CASp:  >' '.,';''        i   l\  !' •*'* 
Agricultural  and  Industrial  Education,  Lewis  A.  Wilson 
Archives  and  History,  James  Sullivan  M.A.  Ph.D. 
Attendance,  James  D.  Sullivan 
Educational  Extension,  William  R.  Watson  B.S. 
Examinations  and  Inspections,  George  M.  Wiley  M.A. 
Law,  Frank  B.  Gilbert  B.A.,  Counsel 
Library  School,  Frank  K.  Walter  M.A.  M.L.S. 
School  Buildings  and  Grounds,  Frank  H.  Wood  M.A. 
School  Libraries,  Sherman  Williams  Pd.D. 
Visual  Instruction,  Alfred  W.  Abrams  Ph.B. 


FIFTEENTH  ANNUAL  REPORT 


OF   THE 


EDUCATION  DEPARTMENT 


Volume  I 


THE   UNIVERSITY   OF   THE 
STATE   OF   NEW   YORK 

Albany,  April  19,  1919 

Honorable  Thaddeus  C.  Sweet 

Speaker  of  the  Assembly,  Assembly  Chamber,  Albany,  N.  Y. 

Sir:  Pursuant  to  law,  the  annual  report  of  the  Education  Depart- 
ment is  herewith  submitted  to  the  Legislature. 

Very  respectfully  yours 

Pliny  T.  Sexton 

Chancellor  of  the  University 

John  H.  Finley 

President  of  the  University  and 
Commissioner  of  Education 


Digitized  by  tine  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/freeschoolsdocumOOfineiala 


TABLE  OF  CONTENTS 


PAGE 

Preface 3 

Chapter  I.  The  Early  Schools 7 

Completion  of  fifty  years  of  free  schools;  schools  during  the  period 
of  English  rule;  private  schools;  Clinton's  interest;  establishment  of 
academies;  The  University  of  the  State  of  New  York;  the  school  act 
of  1795;  development  of  the  country;  enlargement  of  democratic 
views;  Colonial  schools  and  colleges  in  New  York;  schools  under  the 
Dutch;  the  first  Dutch  school;  schools  under  the  English;  Latin 
schools;  establishment  of  King's  College;  Columbia  University; 
schools  of  Long  Island;  old  and  modem  schools  in  New  Rochelle. 

Chapter  II.  Education  after  the  Revolution 25 

J             The  TTtmrprw4y-nf  t.^f  ^^hX^  QJ  ^^^w  V"''T^;  board  of  regents;  inter- 
est of  Clinton,  Hamilton,  Livingston  and  Jay;  tl)g  school  law  of  1795 
and.  1796. 
hapter  III.  Th§LXaaL-QLxSi2 34 

Governor  Thompson  appoints  committee;  enactment  of  law;  its 
principal  provisions;  the  rate  bill  system;  full  text  of  committee 
report ;  full  text  of  law. 

Chapter  IV.  The  Period  of  1826-46 52 

Social  and  educational  prnprr^<;;  recommendations  of  various 
governors;  speech  of  Thaddeus  Stevens;  his  career;  Massachusetts 
system;  George  H.  Martin;  public  education  in  Rhode  Island;  Dr 
Charles  Carroll;  Egerton  Ryerson;  enactment  of  a  general  school 
law  in  New  York  City;  ftat^ly  lagiglatiye  references  to  free  schools. 

Chapter  V.  Constitutional  Convention  1846 83 

General  Marion's  views  on  education;  Doctor  Potter's  address; 

t    convention  for  revising  the  constitution;  free  schools  for  free  govern- 
ment; common  school  state  convention;  address  by  Horace  Mann; 
T-A  addresses  by  Superintendent  Henry,  Professor  Thompson  and  others; 

v*  biography  of  members  of  committee  on  education;  journal  of  consti- 

•_  tution  relating  to  schools;  vote  on  free  schools;  editorial  comment; 

-^  views  of  superintendents,  teachers  and  others. 

•     Chapter  VI.  Free  School  Bill  of  1849 162 

r-      -A  Views-fti-state  si^perintendent,  county  superintendents;  discussion 

jts    in  legislature;  record  of  vote  in  the  Assembly;  in  the  Senate;  copy  of 
r         ^     law ;  record  of  vote  of  people  by  counties ;  gpnoroi  ^-^^jnient ;  memorial 
^  of  Onondaga  county  teachers;  newspaper  comment. 

'•    Chapter  VII.  The  Fight  for  Resubmission 231 

Superintendent  Morgan's  report;  press  comment. 

Chapter  VIII.  The  Act  of  Resubmission,  1850 265 

Message  of  Governor  Fitch;  petitions  to  the  Legislature;  legis- 
lative record;  report  of  Senate  committee  on  literature;  opinion  of 
Attorney  General;  the  Pompey  petition;  report  of  Assembly  com- 
mittee; minority  report  of  the  Assembly  committee;  resubmission 
law. 


THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

PAGE 

Chapter  IX.  The  Campaign  before  the  November  Election  in 

1850 314 

Action  by  Monroe  county  teachers;  address  of  W.  L.  Crandall; 
public  meeting  in  Syracuse;  convention  of  town  superintendents;  the 
Free  School  Clarion;  free  school  peppercorns;  Peter  Plowshare; 
address  to  the  State;  free  school  state  convention;  public  meeting  of 
women  in  Syracuse;  press  comment;  annual  convention  of  Mechanics 
Mutual  Protection;  further  press  comment;  Henry  H.  Martin;  address 
by  an  old  schoolmaster;  record  of  vote  on  repeal  of  law  by  counties. 

Chapter  X.  The  Free  School  Law  of  1851 419 

Superintendent  Morgan's  official  report;  views  of  Superintendent 
Randall;  press  comment;  memorial  from  Westchester  county  board 
of  supervisors;  Monroe  county  mass  meeting  opposes  free  schools; 
state  convention  of  town  superintendents;  resolutions;  Senate  and 
Assembly  records;  official  record  of  vote. 
Chapter  XI.  Educational  Developments  after  the  Law  of  1851..  486 
Proposal  to  establish  department  of  public  instruction;  official 
reports;  views  of  educators;  school  statistics;  opposition  to  use  of 
public  funds  for  private  schools;  report  of  committee  on  colleges, 
academies  and  common  schools  on  petition  of  certain  Roman  Cath- 
olics of  New  York,  Utica,  Syracuse  and  other  cities;  judicial  decision 
on  free  school  law;  interesting  legislation  1853-68;  views  of  Governors. 

Chapter  XIL  Abohshing  the  Rate  Bill 537 

Official  reports;  press  comment;  the  act  of  1867;  comments  on  the 
passage  of  the  law;  compulsory  education. 

Chapter  XIII.  The  Important  Educational  Laws  of  19 17 565 

President  Finley  reports  to   the  Board  of   Regents;   copies  and 
abstracts  of  the  seventeen  laws  enacted. 
Chapter  XIV.  The  Evening  Schools  of  Colonial  New  York  City  630 
Discussion  by  Doctor  Seybolt ;  list  of  schools. 

Chapter  XV.  The  New  York  Colonial  Schoolmasters 653 

Names  of  masters;  other  records. 


PREFACE 

It  is  a  long  step  in  the  development  of  an  educational  system  from 
the  first  school  organized  in  1638  by  Adam  Roelantsen  to  the  present 
system  meeting  the  demands  of  more  than  2,000,000  children.  The 
liberal  facilities  provided  for  the  children  of  today  through  the 
present  school  system  have  not  been  attained  without  a  bitter 
struggle.  The  friends  of  free  schools  and  of  generous  educational 
opportunity  were  compelled  to  fight  every  inch  of  the  road  in 
developing  the  school  system  of  the  State. 

In  collecting  the  material  of  this  volume  it  was  not  the  intention 
of  the  author  to  write  a  history  of  the  struggle  which  resulted  in 
the  adoption  of  free  schools  but  it  was  his  intention  to  bring  together, 
from  various  sources,  valuable  material  which  is  now  inaccessible 
and  make  it  available  for  teachers,  students  of  education,  and  even 
the  general  reader.  While  much  labor  was  involved  in  the  prepara- 
tion of  this  volume,  the  author  found  great  pleasure  in  the  per- 
formance of  such  work.  A  careful  study  of  this  volume  will  give 
courage  to  those  who  carry  responsibility  in  the  organization  of 
educational  reforms. 

The  accepted  doctrine  in  America  today  is  that  all  the  property 
of  the  state  must  educate  all  the  children  of  the  state  and  that  each 
child  in  the  state  has  not  only  the  inherent  right  to  attend  school  but 
that,  in  the  interests  of  the  state  itself,  must  attend.  The  history 
revealed  through  the  sources  given  in  this  volume  will  show  that 
New  York  has  made  a  rich  contribution  to  the  establishment  of  this 
accepted  American  principle. 

The  author  wishes  to  express  his  appreciation  to  Mr  C.  W. 
Bardeen,  editor  of  the  School  Bulletin,  Syracuse,  N.  Y.,  and  to 
Major  Fred  Engelhardt  and  Dr  Sherman  Williams  of  the  Education 
Department  for  valuable  assistance  in  the  preparation  of  this 
volume. 

T.  E.  F. 


FREE  SCHOOLS 

Chapter  i 
THE  EARLY   SCHOOLS 

As  this  year  marks  the  completion  of  fifty  years  of  free  schools 
in  New  York  State,  it  is  proposed  to  devote  this  report  to  a  study 
of  the  issues  which  led  to  the  establishment  of  free  schools  through- 
out the  State.  There  is  an  abundance  of  material  relating  to  the 
organization  and  development  of  free  schools  which  should  be 
made  available  to  the  students  of  public  education.  The  results  of 
a  study  of  this  subject  and  the  documents  relating  thereto  will  not 
only  increase  the  general  appreciation  of  New  York's  educational 
system,  but  will  be  of  great  service  in  an  interpretation  of  new 
educational  problems  and  in  their  proper  solution.  As  soon  as  the 
Revolution  was  ended,  and  peace  with  the  mother  country  agreed 
upon,  the  subject  of  education  received  attention. 

For  a  period  of  one  hundred  twenty-five  years,  or  from  the  be- 
ginning of  English  rule  in  1664,  there  had  been  no  action  by  the 
government  providing  for  the  maintenance  of  schools.  Private 
schools,  church  schools  and  charity  schools  had  been  established,  but 
these  were  of  uncertain  tenure  and  were  not  attended  by  the  great 
majority  of  children.  Governor  Clinton  appreciated  that  the  great- 
est need  of  a  democracy  was  an  educated  citizenship.  In  his  first 
message  to  the  Legislature,  he  recommended  that  provision  be  made 
for  the  education  of  the  children  of  the  State.  The  Legislature, 
acting  favorably  upon  that  recommendation,  created  The  Univer- 
sity of  the  State  of  New  York  and  conferred  upon  that  body  the 
power  to  charter  academies.  These  academies  were  authorized  for 
the  express  purpose  of  providing  educational  facilities  for  children 
of  the  prosperous  and  aristocratic  classes.  It  was  well  known  that 
the  great  majority  of  the  children  of  the  country  would  be  excluded 
from  attendance  upon  such  institutions.  Public  opinion  did  not 
then  demand  the  establishment  of  schools  for  the  education  of  all 
children. 

Public  schools  were  authorized  throughout  the  State  and  main- 
tained very  generally  as  early  as  1795.  State  aid  was  given  for  the 
support  of  these  schools  at  this  time,  for  a  period  of  five  years. 
Upon  the  discontinuance  of  state  aid  the  schools  gradually  declined 
in  number  and  almost  wholly  disappeared. 

7 


6  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Democracy,  however,  was  working  a  new  era  in  our  national  his- 
tory which  followed  the  termination  of  the  War  of  1812.  There 
was  not  that  sharp  division  in  relation  to  repubUcan  institutions 
which  had  previously  existed.  The  opinion  that  the  people  did 
possess  the  capacity  for  self-government  was  commonly  accepted. 
The  men  who  were  guiding  the  affairs  of  state  possessed  a  vision  of 
the  possibilities  of  the  future  of  the  Nation  and,  under  their  leader- 
ship, the  great  natural  resources  of  the  country  were  developed, 
commercial  and  manufacturing  industries  were  established  and 
great  national  subjects  such  as  internal  improvements,  the  tariff, 
the  army  and  the  navy,  the  estabhshment  of  banks,  the  currency,  the 
reorganization  of  the  territory  of  the  national  domain  and  other  ques- 
tions bearing  upon  the  expansion  and  development  of  the  material 
interests  of  the  country  were  considered  by  the  Congress,  became 
political  issues  of  vital  importance  to  the  country  and  aroused  the 
intellectual  interest  of  the  people  generally.  Thus  there  was  a 
quickening  influence  of  the  national  spirit  and  a  development  of 
national  consciousness  and  obligations. 

It  was  in  this  period  that  the  leaders  of  public  opinion  began  to 
give  careful  consideration  to  the  questions  which  would  elevate  and 
improve  the  social  conditions  of  the  masses  and  there  was  accord- 
ingly a  demand  for  popular  educational  facilities.  In  response  to 
this  demand,  the  Legislature  of  our  State  enacted  a  law  establishing 
the  foundation  of  our  state  system  of  common  schools.  The  estab- 
lishment of  this  system  of  schools  was  a  great  advance  movement 
in  the  development  of  our  republican  institutions  but  it  did  not  meet 
the  vital  needs  of  a  great  nation  of  free  men.  After  a  struggle  of 
nearly  seventy-five  years,  but  not  until  the  Civil  War  had  been 
fought,  free  schools  were  established  and  the  principle  that  the 
property  of  the  State  shall  educate  the  children  of  the  State  became 
the  fundamental  law  in  American  education. 

To  understand  fully  the  establishment  and  development  of  this 
principle,  and  the  organization  and  growth  of  our  great  public 
school  .system,  it  is  necessary  to  make  a  study  not  only  of  the  first 
schools  organized  in  the  State  but  of  the  schools  maintained  in  the 
colonial  period. 

The  writer  prepared  a  paper  on  the  schools  of  the  colonial  period 
for  the  meeting  of  the  New  York  State  Historical  Association  held 
at  Cooperstown  in  1916  and  the  material  in  that  paper  has  such 
bearing  upon  this  subject  that  it  is  given  here.    It  is  as  follows : 


FREE    SCHOOLS  9 

COLONIAL  SCHOOLS  AND  COLLEGES  IN  NEW  YORK 
New  York  was  settled  by  the  Dutch  during  the  first  half  of  the 
seventeenth  century.  A  great  struggle  for  liberty  had  shaken 
Europe  during  the  preceding  century  and  the  burden  of  that  struggle 
had  fallen  upon  the  people  of  the  Netherlands.  The  Calvinists 
ruled  the  country  and  the  founders  of  New  Netherland  were  adher- 
ents of  the  Calvinistic  party.  A  fundamental  principle  of  the 
democracy  of  Calvinism  from  the  beginning  of  the  teaching  of  that 
doctrine  was  that  each  individual  should  be  able  to  read.  Under  that 
doctrine  each  person  was  held  to  be  equally  concerned  in  religious 
matters  and  to  be  personally  accountable  for  his  own  conduct.  The 
Bible  contained  the  rules  of  conduct  which  should  regulate  the 
lives  of  all  people,  and  each  person  should  therefore  be  able  to  read 
that  Book  and  not  be  dependent  upon  others  for  a  knowledge  of  its 
teachings.  In  the  countries,  therefore,  under  the  control  of  Calvin- 
ism there  were  established  the  basic  principles  of  compulsory  edu- 
cation laws  so  general  in  all  progressive  countries  at  the  present 
time. 

Before  Holland  began  her  settlement  of  New  York  the  Dutch 
had  maintained  public  schools  in  some  of  their  cities  for  more  than 
one  hundred  fifty  years  and  a  school  system  had  been  perfected 
which  provided  schools  not  only  in  all  the  cities  but  throughout  all 
the  rural  regions.  These  schools  aflforded  instruction  for  every 
girl  as  well  as  for  every  boy  in  that  land.  Such  schools  were  public 
schools  and  were  maintained  in  accordance  with  regulations  pre- 
scribed by  the  public  authorities.  They  were  under  dualistic  con- 
trol, the  church  and  the  state,  with  the  ecclesiastical  influence  pre- 
dominating. Although  tuition  was  generally  charged  for  attendance 
upon  these  schools,  they  were  nevertheless  properly  regarded  as 
public  schools.  They  were  public  schools  in  the  sense  that  they 
were  open  to  all  children  of  the  country,  were  supported  in  part  by 
public  taxation,  and  were  in  their  management  and  control  subject 
to  the  public  authorities.  The  curriculum  was  simple,  including 
reading,  writing  and  rehgious  instruction.  Sometimes  the  elements 
of  arithmetic  were  also  taught.  The  civil  authorities  determined 
the  books  to  be  used,  the  qualifications  of  the  teachers,  the  general 
policy  of  the  schools,  and  they  also  employed  the  teacher  and  paid 
his  salary.  Poor  children  were  received  without  the  payment  of 
tuition.  In  addition  to  these  schools,  universities  had  been  estab- 
lished affording  a  system  of  higher  education  and  exerting  a  mighty 
influence  upon  the  life  of  the  nation. 


10  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

The  people  of  Holland,  at  the  close  of  the  sixteenth  and  the 
beginning  of  the  seventeenth  centuries,  were  leaders  in  agriculture, 
horticulture,  dairying,  manufacturing,  commerce  and  industrial  pur- 
suits generally.  Her  men  of  trade  and  finance,  of  letters  and  science, 
her  artists  and  inventors,  her  lawyers  and  statesmen  were  among 
the  leaders  of  the  world.  The  achievements  of  her  army  and  navy 
gave  her  a  national  standing  second  to  no  other  nation.  Her  people 
were  generous  and  tolerant,  yet  they  appreciated  the  value  of  their 
liberties  and  freedom  and  possessed  the  courage  to  protect  and 
maintain  them.  No  people  of  that  period  occupied  a  more  com- 
manding position  throughout  the  world  in  industrial,  commercial 
and  financial  affairs  and  no  country  enjoyed  the  exercise  of  greater 
civil,  political  and  religious  liberties. 

This  brief  review  of  the  civilization  of  the  country  from  which 
the  founders  of  New  York  came  and  of  the  social  and  institutional 
life  of  that  country  furnishes  us  a  knowledge  of  the  type  of  citizens 
who  laid  the  foundations  of  our  great  commonwealth.  We  see 
Holland,  the  fatherland,  as  a  country  possessing  all  the  institutions 
required  to  administer  to  the  social  necessities  of  the  people  of  that 
day.  She  is  known  to  have  been,  at  that  time,  a  land  of  homes, 
hospitals,  orphanages,  churches  and  schools.  The  people  of  that 
land  were  happy  and  contented,  prosperous  and  thrifty,  cultured 
and  religious.  There  was  no  political  issue  which  divided  the 
people.  They  regarded  their  country,  its  customs  and  institutions, 
with  devoted  and  patriotic  affection.  These  people  were  therefore 
unlike  the  representatives  of  most  nations  that  sought  homes  in  the 
new  world  in  the  seventeenth  century.  They  came  to  American 
shores,  not  because  they  were  oppressed  at  home,  not  to  avoid  perse- 
cution, not  to  find  a  refuge  where  they  might  peacefully  live  in 
accordance  with  the  dictates  of  their  consciences,  not  as  adventurers 
and  plunderers;  but  they  came  on  their  own  initiative  to  reap  the 
advantages  which  their  country's  expanding  commerce  and  the  com- 
mercial opportunities  of  the  times  and  conditions  afforded. 

Where  the  Dutch  made  settlements  in  America,  they  established 
schools  of  the  type  of  those  which  existed  in  Holland.  In  the  crea- 
tion of  an  institution,  in  their  adopted  country,  which  would  have 
such  a  vital  influence  upon  their  happiness  and  liberties  as  the 
public  school,  it  was  natural  that  they  should  introduce  the  type  of 
school  which  had  been  the  bulwark  of  their  freedom  and  civiliza- 
tion in  the  mother  country.  There  was  no  organized  governmen'^ 
in  the  new  land  and  the  governmental  authority  exercised  in  the 


I   u     u 

o   o 


o 


o 


The  boys  of  the  Collegiate  School  attending  chapel   (1918) 


Collegiate  School  for  Boys   (1918)  ;  game  in  gymnasium 


FREE    SCHOOLS  II 

Dutch  settlements  was  that  which  Holland  exercised  through  the 
West  India  Company.  The  government  was  vested  in  a  supervisory 
body  known  as  the  lord  directors  and  a  director  general  and  council 
who  exercised  such  power  as  the  lord  directors  conferred  upon 
them. 

The  first  school  established  by  the  Dutch  was  at  New  Amster- 
dam. It  is  settled  beyond  question  that  this  school  was  organized 
not  later  than  1638  and  probably  several  years  earlier.  Many 
writers  have  claimed  that  the  school  was  organized  in  1633.  It  is 
known  that  Adam  Roelantsen,  who  taught  the  school  in  1638,  was 
in  New  York  in  1633  and  there  is  much  evidence  upon  which  to 
base  the  claim  that  this  school  was  organized  in  that  year.  This 
pioneer  American  school  was  maintained  through  the  entire  period 
of  Dutch  rule  but,  upon  the  advent  of  the  second  period  of  English 
rule  in  1674,  passed  into  the  control  of  the  Reformed  Dutch  Qiurch 
of  New  York  City  and  that  institution  has  continued  the  mainte- 
nance of  the  school  to  the  present  time.  It  is  now  known  as  the 
Collegiate  School  for  Boys  and  is  located  at  243  West  77th  street, 
New  York  City,  This  school  has  therefore  had  a  continuous  exist- 
ence for  a  period  of  nearly  three  centuries  extending  down  through 
the  perilous  days  of  our  Colonial  and  National  life,  and  stands  as 
an  institution  of  first  historical  importance  in  this  country  in  the 
development  of  elementaiy  education. 

When  Dutch  settlements  were  first  established  the  children  were 
undoubtedly  instructed  at  home.  This  practice  was  continued  by 
many  parents  even  after  schools  were  organized.  But  schools  were 
soon  established  and  the  early  municipal  records  show  that  schools 
were  organized  in  each  of  the  villages  of  Beverwyck  (Albany), 
Brooklyn,  Flatbush,  Flatlands,  New  Haarlem,  Wiltwyck  (Kings- 
ton), and  New  Utrecht,  which  were  chartered  during  the  Dutch 
period.  Schools  were  also  organized  in  the  unchartered  villages  of 
Dutch  antecedents  such  as  Schenectady,  Boswyck,  Kinderhook  and 
others. 

The  expense  of  the  maintenance  of  the  school  at  New  Amster- 
dam was  shared  by  the  company  and  by  the  city.  The  company 
paid  the  salary  of  the  master  and  the  city  provided  the  building  for 
the  school  and  for  the  master.  In  the  Dutch  villages,  it  appears  that 
subscriptions,  which  were  regarded  as  compulsory,  were  received 
and  that  revenue  was  provided  from  excise  sources.  There  is  evi- 
dence to  show  that  in  some  of  these  villages  the  company  contrib- 
uted to  the  salary  of  the  teacher.    In  accordance  with  the  practice 


12  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

in  Holland,  poor  children  were  received  without  the  payment  of 
tuition. 
/  !  In  view  of  the  religious  instruction  required  the  church  exercised 
a  strong  influence  over  the  school.  The  church  authorities  there- 
fore examined  and  licensed  the  teachers,  prescribed  the  catechism, 
approved  the  textbooks  used,  and  supervised  the  instruction  to  see 
that  its  requirements  were  satisfied. 

These  schools  were  called  official  schools  but  in  addition  to  these 
there  were  several  schools  in  New  Amsterdam  under  private  man- 
agement. There  were  probably  more  children  under  instruction  in 
these  schools  than  there  were  in  attendance  upon  the  city  school. 
The  parents  who  patronized  these  private  schools  were  required  to 
pay  tuition  as  there  was  no  public  support  given  to  the  maintenance 
of  such  schools.  The  master  provided  his  own  school  building, 
but  the  schools  were  of  the  same  general  type  as  the  official  schools. 
Private  schools  were  not  generally  conducted  in  the  smaller  settle- 
ments. No  master  could  legally  open  even  a  private  school  at  New 
Amsterdam  unless  authorized  to  do  so  by  the  director  general  and 
council.  When  one  Van  Corlaer  opened  a  school  without  the 
required  permission,  Director  General  Stuyvesant  closed  it.  The 
patrons  of  Van  Corlaer's  school  then  petitioned  the  burgomasters 
and  schepens  to  have  the  school  opened  as  the  children  had  for- 
gotten what  had  been  taught  them.  These  inferior  officers  pre- 
sented the  petition  to  Director  General  Stuyvesant  who  declined  to 
authorize  the  reopening  of  the  school.  Van  Corlaer  then  petitioned 
Director  General  Stuyvesant  direct  but  his  petition  was  again  denied 
and  his  teaching  career  thus  ended.  This  incident  illustrates  the 
official  or  public  status  of  a  school  which  we  could  call  private. 

Official  records  supply  reliable  information  on  the  qualifications, 
personality  and  work  of  the  teacher.  The  masters  very  generally 
possessed  intellectual  attainments  which  properly  equipped  them  for 
the  service  which  they  were  required  to  perform.  Adam  Roelant- 
sen  was  the  first  teacher.  He  left  a  bad  record  for  he  was  con- 
stantly in  trouble  and  frequently  arrested.  The  court  records  show 
that  he  was  guilty  of  slander,  of  violating  the  custom  laws  and  of 
immoral  conduct.  The  teachers  of  New  Amsterdam  were  better 
known  than  those  of  the  other  settlements  and,  with  the  exception 
of  Roelantsen,  they  were  all  of  good  reputation.  While  there  were 
occasional  lapses  from  the  deportment  exacted  from  those 
charged  with  the  responsibility  of  directing  the  youth  of  the  land, 
the  number  of  such  lapses  and  the  seriousness  of  the  offenses  were 


FREE    SCHOOLS  I3 

no  greater  than  those  of  other  citizens  whose  positions  in  the  com- 
munity required  them  to  be  of  exemplary  habits. 

When  a  master  taught  but  six  hours  in  a  day,  he  had  much  spare 
time  which  he  might  use  for  other  purposes.  When  he  taught 
evenings  as  well  as  in  the  day  time  he  was  employed  but  nine  hours. 
The  means  of  recreation  and  diversion  were  so  limited  that  any 
time  not  required  for  the  performance  of  his  school  duties  might  be 
used  for  other  purposes.  It  was  the  custom,  therefore,  for  teachers 
to  be  employed  in  various  other  occupations  outside  of  school  hours. 
Through  this  outside  service  the  master  was  able  to  supplement  his 
income  and  meet  the  living  expenses  of  his  family.  The  master  was 
therefore  commonly  employed  as  reader  and  precentor  in  the 
church,  and  as  sexton.  He  frequently  served  as  court  messenger  or 
town  clerk,  and  he  served  legal  processes  and  drew  legal  papers. 

The  compensation  of  a  master  was  not  uniform  throughout  the 
settlements.  Neither  was  it  exorbitant  nor  was  it  generally  paid  in 
currency.  The  salary  of  a  master  was  commonly  paid  in  beaver 
skins,  wampum  or  seawan,  wheat,  peas  or  rye.  As  the  value  of 
these  articles  fluctuated  more  or  less,  the  actual  amount  received 
by  the  master  was  often  less  than  he  had  expected  to  receive. 
Sometimes  it  was  more.  The  value  of  beaver  skins  and  of  grain 
fluctuated  less  than  the  value  of  wampum.  The  salary  to  be  paid 
was  expressed  either  in  Holland  coin  or  in  equivalent  values  of  the 
commodities  substituted  for  the  accepted  currency.  The  Horin  or 
guilder  was  the  unit  and  was  equivalent  to  40  cents  of  our  money. 
It  consisted  of  20  stivers  and  a  stiver  therefore  was  equivalent  to 
2  cents.  It  was  customary  in  all  the  settlements  to  provide  the 
master  with  living  quarters  which  were  usually  in  the  schoolhouse. 
He  was  given  a  fixed  salary  and  required  to  give  instruction  to  the 
poor  children  without  tuition.  He  was  allowed  to  receive  tuition 
from  other  children  but  the  amount  was  fixed  by  the  authorities. 

The  amount  received  by  masters  for  their  services  is  shown  in  a 
general  way  by  the  records  of  certain  contracts.  In  1660  at  Brook- 
lyn the  salary  of  a  master  was  fixed  at  150  guilders,  or  $60,  a  year, 
and  in  1662  at  Boswyck  400  guilders,  or  $160,  a  year.  In  an  official 
estimate  of  the  expenses  of  a  proposed  settlement  in  1664  the  item 
for  the  schoolmaster,  who  was  also  to  serve  as  precentor  and  sex- 
ton, was  fixed  at  360  guilders,  or  $144,  a  year.  In  11650  the  salary 
of  Verteusz  in  New  Amsterdam  was  made  420  guilders  or  $168,  a 
year.  Verteusz  was  also  paid  100  guilders,  or  $40,  for  board,  though 
it  was  not  usual  to  pay  the  board  of  a  master.     In  1655  at  New 


14  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Amsterdam  the  amount  was  fixed  at  520  guilders,  or  $208,  a  year. 
The  letter  to  Evert  Pietersen  setting  forth  his  duties  as  master  may 
be  regarded  as  providing  the  average  salary  of  that  date  (1664). 
Under  Pietersen's  contract  he  was  to  receive  432  guilders,  or 
$172,80,  a  year.  The  fees  which  he  might  charge  pay  students  were 
as  follows:  for  pupils  taught  a  b  c,  spelling  and  reading,  120 
stivers,  or  $2.40,  a  year;  for  pupils  taught  reading  and  writing,  200 
stivers,  or  $4,  a  year;  for  pupils  taught  reading  and  writing  and 
ciphering,  240  stivers,  or  $4.80,  a  year.  If  the  master  had  twenty 
pay  students  he  therefore  received  in  addition  to  his  regular  salary 
$75.25.  On  this  basis  of  computation  Pietersen's  income  from 
teaching  was  $248  a  year  in  addition  to  his  living  apartments.  The 
salaries  of  the  masters  and  the  fees  due  them  from  parents  were 
not  always  promptly  paid  as  many  instances  are  records  of  petitions 
to  the  court  for  the  salary  due  from  the  city  and  of  suits  entered 
because  of  the  failure  of  parents  to  pay  tuition.  Cases  in  which 
real  hardships  have  been  inflicted  upon  the  families  of  masters  are 
to  be  found  because  of  these  lapses.  Unfortunately  a  state  depart- 
ment of  education  possessing  powers  to  adjudicate  such  questions 
and  to  direct  payment  thereof  had  not  yet  been  created. 

What  kind  of  an  institution  was  a  typical  Dutch  colonial  school? 
No  picture  of  one  of  these  schools  is  known  to  be  in  existence  and 
no  written  description  of  one  of  these  early  institutions  prepared 
during  the  time  of  their  existence  has  been  discovered.  An  exami- 
nation of  official  records  of  various  kinds,  however,  reveals  certain 
facts  in  connection  with  the  character  of  the  schools  maintained 
during  the  Dutch  period.  These  facts,  combined  with  our  knowl- 
edge of  the  Dutch  people  and  of  the  conditions  of  the  Dutch  period, 
enable  us  to  present  an  accurate  description  of  a  school  which  is 
typical  of  those  which  were  maintained  in  the  Dutch  settlements. 

Were  we  permitted  to  look  upon  one  of  these  schools  today  we 
should  see  a  small  building  erected  near  the  Dutch  church.  It 
would  not  be  recognized  as  a  school  building  of  the  tv/entieth 
century  type  and  regarded  by  all  citizens  as  the  object  of  greatest 
pride  in  the  community.  The  lots  purchased  by  the  council  on  which 
to  erect  a  building  generally  ranged  from  20  by  22  feet  to  30  by  15 
feet.  I  feel  a  sense  of  personal  pride  in  stating  that  the  largest 
building  of  which  we  have  record  was  the  one  constructed  at 
Beverwyck  (Albany)  on  a  lot  34  by  19  feet.  In  New  Amster- 
dam the  director  general  and  council,  in  a  spirit  of  liberality,  voted 
that  it  would  be  more  convenient  if  the  schoolhouse  were  erected 


A    teacher's    desk    in    a    Dutch    school,    as    pictured   by    David-  Van    Der 
Kellen  jr,  in  De  Oude  Tijd 


A  Dutch  school  as  pictured  by  David  Van  Der  Kellen  jr,  in  De  Oude  Tijd 


PeELANHEN 


16  3  8 


As  Roelantsen  appears  to  a  modern  artist  of  Dutch  antecedents 


FREE    SCHOOLS  I5 

on  part  of  the  graveyard.  As  small  as  these  buildings  may  appear 
to  have  been  for  school  purposes  even,  they  also  contained  the 
living  apartments  of  the  schoolmaster's  family.  In  the  early  part 
of  the  Dutch  period  special  buildings  for  school  purposes  were  not 
always  erected  and  in  such  cases  the  school  was  conducted  in  the 
church  steeple,  in  the  church,  in  some  public  room  when  not  in  use 
for  its  regular  purpose,  or  in  rented  quarters.  At  one  time,  when  a 
more  suitable  place  was  not  available,  the  school  in  New  Amsterdam 
was  conducted  in  the  kitchen  of  the  prosecuting  officer  of  the  city. 
No  attention  was  given  to  the  heating,  lighting  or  sanitation  of 
such  buildings.  At  times,  therefore,  they  were  too  wann  and  at 
others  too  cold.  The  furniture  and  equipment  consisted  of  a  chair 
and  desk  for  the  master,  benches  without  backs  upon  which  the 
children  sat,  and  tables  upon  which  they  wrote.  These,  of  course, 
were  of  the  simplest  and  rudest  type.  If  we  could  look  into  the 
interior  of  one  of  these  desolate  rooms  we  should  see  the  master 
seated  at  his  desk  with  his  hat  upon  his  head  and  dressed  in  the 
well-known  Knickerbocker  costume,  the  boys  seated  on  one  side 
of  the  room  with  their  caps  upon  their  heads,  and  the  girls  seated 
on  the  opposite  side  of  the  room.  As  the  population  of  the  settle- 
ments increased,  assistant  teachers  were  employed  so  that  in  many 
schools  there  was  more  than  one  teacher.  It  further  appears  that/ 
women,  as  well  as  men,  were  employed  as  assistant  teachers. 

The  children  usually  began  to  attend  school  when  they  were  from  / 
seven  to  eight  years  of  age.  It  was  intended  that  they  should 
receive  the  prescribed  instruction  in  a  period  of  three  years  and 
they  were  generally  required  to  leave  school  at  the  end  of  that 
period  to  make  room  for  others.  If  a  child  had  not  completed  the 
work  prescribed  when  he  reached  the  age  of  twelve  years,  he  was 
generally  compelled  to  attend  evening  school.  It  was  the  custom 
in  all  the  Dutch  settlements  to  open  school  in  the  morning  at  eight 
o'clock  and  continue  the  session  until  eleven.  An  intermission  of 
two  hours  was  then  taken  and  the  school  reconvened  at  one  o'clock 
and  continued  until  four  o'clock.  The  evening  session  opened  at 
six  o'clock  and  closed  at  nine  o'clock.  Three  sessions  of  three 
hours  each  were  therefore  held  each  day.  The  same  hours  were 
not  always  prescribed  for  the  summer  which  were  prescribed  for 
the  winter.  The  school  was  conducted  for  six  days  in  the  week  and 
was  continued  the  entire  year  without  vacation.  School  was  not 
in  session  on  Wednesday  and  Saturday  afternoons,  nor  was  it  in 
session  on  St  Nicholas  Day  (December  6),  Christmas,  New  Year. 


l6  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Easter  and  probably  other  days  requiring  special  observance  under 
Dutch  custom.  It  will  thus  be  observed  that  the  maintenance  of 
school  was  regarded  as  a  matter  of  serious  importance  and  it  could 
not  be  charged  that  a  child  was  wasting  valuable  time  during  vaca- 
tion period.  It  may  be  parenthetically  stated  that  there  is  so  much 
merit  in  the  prescribed  school  hours  of  the  colonial  Dutch  school 
and  its  continuous  session  throughout  the  year  that  we  might,  with 
great  profit  to  the  interests  involved  in  American  education,  incor- 
porate such  features  in  a  modified  form  into  our  present  state  sys- 
tems of  education  in  this  country. 

The  curriculum  prescribed  for  these  schools  will,  of  course,  indi- 
cate in  a  general  way  the  object  which  the  authorities  had  in  mind  in 
the  establishment  of  schools.  In  a  letter  issued  June  7,  1636,  by  the 
classis  of  Amsterdam,  containing  instruction  for  ministers,  comfort- 
ers of  the  sick,  and  schoolmasters  going  to  the  Indias,  is  the  follow- 
ing statement  bearing  upon  the  curriculum  of  the  schools  main- 
tained in  the  Dutch  possessions : 

He  is  to  instruct  the  youth  both  on  shipboard  and  on  land,  in  reading,  writ- 
ing, ciphering,  and  arithmetic,  with  all  zeal  and  diligence ;  he  is  also  to  im- 
plant the  fundamental  principles  of  true  Christian  religion  and  salvatiop,  by 
means  of  catechizing;  he  is  to  teach  them  the  customary  forms  of  prayers, 
and  also  to  accustom  them  to  pray;  he  is  to  give  heed  to  their  manners,  and 
bring  these  as  far  as  possible  to  modesty  and  propriety,  and  to  this  end  he  is 
to  maintain  good  discipline  and  order,  and  further  to  do  all  that  is  required 
of  a  good,  diligent  and  faithful  schoolmaster. 

The  records  indicate  that  the  colonial  authorities  usually  issued  a 
letter  of  instruction  to  teachers  when  they  were  first  employed. 
When  Evert  Pietersen  was  employed  as  teacher  at  New  Amsterdam 
in  1661,  on  the  advice  of  the  director  general  and  council,  the 
burgomaster  issued  him  the  following  instruction : 

1  He  shall  take  good  care,  that  the  children,  coming  to  his  school,  do  so 
at  th€  usual  hour,  namely  at  eight  in  the  morning  and  one  in  the  afternoon. 

2  He  must  keep  good  discipline  among  his  pupils. 

3  He  shall  teach  the  children  and  pupils  the  Christian  prayers,  commiuid- 
menta,  baptism.  Lord's  supper,  and  the  questions  with  answers  of  the  cate- 
chism, which  are  taught  here  on  every  Sunday  afternoon  in  the  church. 

4  Before  school  closes  he  shall  let  the  pupils  sing  some  verses  and  a 
psalm. 

5  Besides  his  yearly  salary  he  shall  be  allowed  to  demand  and  receive 
from  every  pupil  quarterly  as  follows :  For  each  child,  whom  he  teaches  the 
a  b  c,  spelling,  and  reading,  30  st. ;  for  teaching  to  read  and  write,  50  st. ; 
for  teaching  to  read,  write  and  cipher,  60  st. ;  from  those  who  come  in  the 
evening  and  between  times  pro  rata  a  fair  sum.  The  poor  and  needy,  who 
ask  to  be  taught  for  God's  sake,  he  shall  teach  for  nothing. 


FREE    SCHOOLS  ly 

6  He  shall  be  allowed  to  demand  and  receive  from  everybody,  who  makes 
arrangements  to  come  to  his  school  and  comes  before  the  first  half  of  the 
quarter  preceding  the  first  of  December  next,  the  school  dues  for  the  quar- 
ter, but  nothing  from  those,  who  come  after  the  first  half  of  the  quarter. 

7  He  shall  not  take  from  anybody,  more  than  is  herein  stated.  Thus 
done  and  decided  by  the  Burgomasters  of  the  City  of  Amsterdam,  in  N.  N., 
November  4.  1661. 

The  program  of  instruction  in  the  Dutch  colonial  schools  was, 
therefore,  a  simple  one.  The  backbone  of  the  course  of  study  was 
religious  instruction.  The  main  purpose  for  which  schools  had  been 
established  and  maintained  in  the  mother  country  was  to  inculcate 
in  each  soul  the  essential  principles  upon  which  Calvinism  was 
founded.  They  believed  that  the  preservation  of  their  religious  and 
civil  liberties  depended  upon  the  rigid  enforcement  of  such  policy. 
The  Dutch  settlers  in  America  were  actuated  by  similar  motives  in 
the  organization  of  schools  here.  The  teaching  of  reading  was  only 
a  means  to  this  end.  Children  were  therefore  taught  to  read  pri- 
marily to  enable  them  to  read  the  Scriptures.  Formal  prayers 
were  provided  for  the  opening  and  the  closing  of  each  session  of 
the  school.  The  children  were  required  to  learn  these  prayers  and 
to  recite  them  at  the  appropriate  time  each  day.  They  were 
required  to  learn  the  Lord's  prayer  and  to  be  able  to  recite  that 
prayer  when  called  upon.  The  children  were  also  required  to  learn 
the  "  twelve  articles  of  the  Christian  faith  "  and  "  the  confession  of 
sins  "  as  established  under  the  Calvinistic  creed  and  also  the  ten 
commandments.  They  were  required  to  commit  to  memory  the 
two  catechisms  prescribed  by  the  church  and  known  as  the  small 
and  the  large  catechisms.  Certain  selections  from  the  Scriptures 
had  been  compiled  for  Sunday  reading  and  they  were  required  to 
learn  these  as  well  as  certain  psalms.  The  text  used  in  teaching 
children  to  read  was  that  which  included  the  prayers  and  other 
religious  matter  which  they  were  required  to  learn.  The  importance 
which  the  Dutch  attached  to  religious  instruction  will  be  appreci- 
ated as  this  program  of  work  in  the  schools  is  considered.  In  addi- 
tion to  this  thorough  religious  instruction  which  was  mandatory 
and  given  without  fail,  instruction  was  also  mandatory  in  reading 
and  in  writing.  Instruction  in  the  subjects  which  have  been  enu- 
merated was  required  of  all  children,  both  boys  and  girls.  In  addi- 
tion to  these  subjects,  the  course  of  study  included  arithmetic.  The 
teaching  of  arithmetic,  however,  was  not  mandatory  and  was 
taught  in  those  schools  only  where  there  was  an  apparent  need  for 
the  children  to  possess  a  knowledge  of  that  subject.    A  knowledge 


l8  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

of  arithmetic  was  regarded  as  essential  for  those  children  only  who 
expected  to  engage  in  commercial  affairs.  New  Amsterdam  and 
Albany  gave  instruction  in  arithmetic,  but  it  was  not  generally  pro- 
vided in  the  schools  of  other  settlements  and  all  children  in  the 
schools  in  these  two  settlements  did  not  receive  such  instruction. 
The  master  was  required  to  examine  or  catechise  his  pupils  once  a 
week  in  the  presence  of  the  minister  and  the  elders. 

It  will  be  readily  understood,  since  the  major  part  of  the  course 
of  study  related  to  religious  instruction,  why  the  schoolmaster  was 
so  closely  associated  with  the  work  of  the  church.  The  schoolmas- 
ter generally  performed  the  duties  of  reader  (voorleger),  precentor 
(voorsanger)  and  clerk.  Dr  William  H.  Kilpatrick  of  Columbia 
University,  in  his  admirable  treatise  on  the  Dutch  schools  of  New 
York,  which  has  been  of  great  service  to  me  in  the  preparation  of 
this  paper,  uses  his  imagination  so  skilfully  in  describing  the  service 
of  the  schoolmaster  of  a  Dutch  colonial  school  on  Sunday  that  I 
have  taken  the  liberty  of  quoting  it  here.     It  is  as  follows: 

The  master  would  on  Sunday  morning  open  the  church,  "  place  the  stools 
and  benches  in  the  church  or  meeting  house  in  order,"  put  on  the  "  psalm 
board "  the  psalms  to  be  sung  before  the  sermon,  and  ring  the  first  bell. 
Then  he  would  return  to  the  schoolhouse  (his  home)  where  the  children  had 
in  the  meanwhile  assembled,  march  with  them  to  the  church,  and  have  the 
older  ones  sit  about  him  to  assist  in  the  singing.  The  second  bell  would  then 
be  rung,  after  which  he  would  "  read  a  chapter  out  of  the  Holy  Scriptures." 
"After  the  third  ringing  of  the  bell  he  shall  read  the  ten  commandments  and 
the  twelve  articles  of  our  faith,  and  then  take  the  lead  in  the  singing."  It 
was  the  master's  duty  to  secure  proper  behavior  and  attention  during  the 
church  services.  After  the  morning  service  there  was  an  intermission  for 
dinner.  Then  the  pupils  assembled  in  the  schoolroom,  where  the  older  ones 
were  questioned  on  the  moming'si  sermon,  and  all  on  the  catechism.  This 
being  done  they  marched  to  the  church  for  afternoon  service. 

We  are  to  understand,  of  course,  that  these  early  schools  were 
not  supplied  with  textbooks  so  generously  and  in  such  attractive 
and  satisfactory  pedagogical  form  as  our  modern  schools.  Text- 
books were  imported  from  Holland  and  invoices  of  these  books,  as 
well  as  inventories  of  the  stock  of  book  dealers,  have  been  pre- 
served in  official  records.  Some  of  these  books  may  now  be  found 
in  book  collections.  These  books  were  generally  Bibles,  psalm 
books,  cathechisms,  song  books  and  arithmetics.  One  of  the  cele- 
brated books  was  known  as  "  The  Arts  of  Letters."  This  was  the 
a  b  c  book  used  by  the  children  who  first  entered  school.  Slates 
formed  a  part  of  the  school  equipment  from  the  beginning.  In  1665 
a  slate  containing  a  frame  was  inventoried  in  an  estate  at  Albany 


FREE    SCHOOLS  I9 

at  a  value  of  lo  guilders,  or  $4.  The  value  of  one  without  a  frame 
was  4  guilders,  or  $1.60.  No  question  was  raised  by  the  board  of 
health  or  by  the  mothers'  club  on  the  use  of  the  slate  from  a  sani- 
tary standpoint. 

Discipline  was  severe  and  punishment  was  inflicted  for  slight 
offenses.  The  chief  instruments  of  tortute  were  those  used  in  Hol- 
land and,  unfortunately  for  the  Dutch  boys  in  America,  brought  to 
this  country  with  the  other  essential  equipment  of  a  public  school. 
These  were  a  heavy  wooden  stick  shaped  like  a  paddle  called  a 
plak  and  the  renowned  switch  as  celebrated  and  necessary  in  public 
schools  throughout  the  civilized  world  as  the  master  himself  and 
which  was  called  the  roede. 

This  review  of  the  colonial  schools  covers  the  period  included 
within  the  forty  years  of  Dutch  rule.  It  relates  to  elementary 
schools  only.  In  1674  the  school  at  New  Amsterdam,  as  we  have 
already  stated,  passed  into  the  control  of  the  Reformed  Dutch 
Church  of  that  city  and  was  continued  under  the  management  of 
that  church.  The  schools  in  the  other  settlements  were  continued  as 
city  schools  until  the  Revolution.  The  development  of  the  Dutch 
system  of  elementary  schools  was  discontinued  when  English  rule 
became  dominant.  The  influence  of  the  schools  which  had  been 
established,  however,  and  the  democratic  principles  upon  which  they 
had  been  constructed  exerted  an  influence  not  only  upon  the  life 
of  the  colony  but  even  later  upon  the  life  of  the  State. 

The  population  of  New  York  increased  more  rapidly  under  the 
English  than  it  had  under  the  Dutch.  New  Amsterdam  in  1674, 
which  had  then  become  New  York,  contained  among  its  citizens 
representatives  of  eighteen  nationalities.  Elementary  school  facili- 
ties were  not  provided  in  accordance  with  the  growth  of  the  colony 
and  the  needs  of  its  people.  The  general  assembly,  during  the 
period  of  its  existence,  did  not  enact  a  single  provision  to  promote 
elementary  education.  In  171 3  John  Sharpe,  chaplain  of  the  king's 
forces,  expressed  the  educational  needs  of  New  York  as  follows : 

There  is  hardly  anything  which  is  more  wanted  in  this  country  than  learn- 
ing, there  being  no  place  I  know  of  in  America  where  it  is  less  encouraged 
or  regarded. 

In  1 741,  in  addition  to  the  Dutch  school,  which  was  still  in  ope- 
ration, there  were  six  private  English  schools  conducted  in  New 
York  City.  These  were  not,  however,  of  a  very  stable  class. 
Twenty-one  years  later,  in  1762,  there  were  two  Dutch  schools,  ten 
English  schools,  one  French  school,  and  one  Hebrew  school.    None 


20  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

of  these  were  public  schools  and  the  only  civil  jurisdiction  claimed 
over  these  schools  was  the  right  to  license  the  teachers. 

In  the  beginning  of  the  eighteenth  century  the  Society  for  the 
Propagation  of  the  Gospel  in  Foreign  Parts,  an  agency  of  the 
Church  of  England,  was  chartered  by  the  king  and  began  its  propa- 
ganda for  the  establishment  of  society  charity  schools  in  America. 
In  1689  William  Huddleston  established  a  private  school  and  after 
the  founding  of  Trinity  Church  he  brought  his  pupils  to  the  church 
where  the  rector  gave  them  instruction.  Huddleston  was  an  active 
worker  and  an  official  of  Trinity  Church.  The  private  school  which 
Huddleston  had  organized  undoubtedly  was  the  origin  of  Trinity 
School  and  was  merged  with  that  school  in  1709  —  the  date  which 
is  usually  given  as  the  date  of  the  founding  of  that  school.  Hud- 
dleston was  chosen  the  teacher  of  Trinity  School  in  that  year.  He 
conducted  the  school  in  his  home  and  in  the  steeple  of  Trinity 
Church.  The  mayor  and  the  common  council  permitted  him  to 
use  the  city  hall  for  his  school  from  1714  to  1717.  The  following 
year  the  pupils  of  the  school  were  assigned  seats  in  Trinity  Church. 
The  interest  of  the  church  in  the  school  constantly  increased  and  in 
1732  the  church  appointed  a  committee  to  inspect  such  school. 
Until  1740  this  school  had  been  regarded  as  the  charity  school  of 
the  S.  P.  G.  but  after  that  date  it  gradually  became  known  as  Trin- 
fty  Church  School,  and  in  1763  received  the  name  "  Trinity  School 
—  New  York."  The  support  of  the  Society  for  the  Propagation  of 
the  Gospel  to  this  school  and  its  work  in  New  York  City  was  dis- 
continued in  1784,  and  the  school  was  continued  under  the  general 
control  and  management  of  the  authorities  of  the  Protestant  Epis- 
copal Church.  It  has  developed  into  a  leading  college  preparatory 
school  and  has  been  for  more  than  a  century  under  the  control  of  a 
corporation  organized  by  an  act  of  the  Legislature  in  1806  known  as 
"The  New  York  Protestant  Episcopal  Public  School."  The  name 
of  this  corporation  signifies  the  sources  of  support  of  this  school. 

Other  schools  were  established  by  the  society  largely  in  territory 
adjacent  to  New  York,  and  between  1710  and  1776,  the  society 
maintained  continuously  from  five  to  ten  elementary  schools  each 
having  an  average  attendance  of  40  pupils.  It  is  known  that  schools 
were  organized  at  Rye,  White  Plains,  North  Castle,  West  Chester, 
Yonkers,  New  Rochelle,  Staten  Island,  Hempstead,  Oyster  Bay, 
Jamaica,  Southampton,  Brookhaven  and  Johnstown.  The  main 
purpose  of  these  schools  was  to  give  religious  instruction  and  to 
increase  the  prestige  and  influence  of  the  Church  of  England.    The 


Trinity  School  as  it  appeared  in  1918   (organized  1689)  ;   139-47  W.  91st 

street.  New  York 


The  boys  of  Trinity  School  attending  chapel   (1918) 


Gymnasium  of  Trinity  School  (1918) 


FREE    SCHOOLS  *  21 

curriculum  in  these  schools  did  not  differ  materially  from  that  of 
the  Dutch  schools.  The  text  used  was,  of  course,  in  English  instead 
of  Dutch.  One  material  distinction  between  these  schools  and  the 
schools  of  the  Dutch  period  was  that  the  teachers  of  the  schools 
established  by  this  society  were  licensed  by  the  Bishop  of  Canter- 
bury (later  the  Bishop  of  London)  instead  of  the  classis  of 
Amsterdam. 

Latin  schools  were  maintained  in  nearly  all  the  cities  of  Holland 
for  the  purpose  of  giving  students  desiring  to  pursue  advanced 
study  a  thorough  knowledge  of  the  Latin  and  Greek  languages.  To 
accomplish  this  end  pupils  were  prohibited  from  reciting  in  Dutch. 
The  records  show  that  a  Latin  school  was  established  in  New 
Amsterdam  in  1652  and  continued  for  two  years.  Jan  M.  de  la 
Montague  was  the  master.  But  little  is  known  of  the  history  of 
this  school.  On  May  20,  1658,  the  directors  of  the  West  India  Com- 
pany presented  a  statement  to  the  director  general  expressing  the 
desirability  of  establishing  a  Latin  school,  and  on  September  19, 
i658,  the  burgomasters  and  schepens  of  New  Amsterdam  also  pre- 
sented a  petition  to  the  council  for  a  master  of  a  Latin  school.  It 
was  set  forth  in  this  petition  that  the  nearest  school  where  the  chil- 
dren of  the  colony  could  receive  instruction  in  Latin  was  at  Boston 
and  that  the  burghers  could  not  afford  to  send  their  children  to  that 
place  for  such  schooling.  It  was  urged  that  if  a  Latin  school  were 
established  in  New  Amsterdam  the  city  would  furnish  a  building 
and  that  pupils  from  neighboring  settlements,  as  well  as  from  that 
city,  would  attend  the  school.  On  April  10,  1659  the  board  of 
directors  at  Amsterdam  selected  Alexander  Carolus  Curtius  as  the 
teacher  of  a  Latin  school  in  New  Amsterdam  and  on  the  25th  of 
that  month  he  sailed  from  Holland.  The  exact  date  on  which  the 
Latin  school  was  opened  does  not  appear,  but  the  school  was  in 
session  on  July  4,  1659.  At  that  date  Curtius  appeared  before  the 
burgomasters,  was  paid  50  guilders  and  immediately  requested  that 
his  salary  be  raised  as  he  had  but  few  pupils.  Curtius  was  a  phy- 
sician and  practised  medicine  in  addition  to  conducting  the  school. 
He  served  as  teacher  of  this  school  two  years,  as  he  was  dismissed 
in  July  1661.  Time  will  not  permit  a  review  of  his  career  as  teacher 
of  this  school.  It  was  a  period  of  trouble  for  him  and  for  the 
officials  who  were  responsible  for  the  management  of  the  school. 
He  was  constantly  requesting  increased  pay,  he  declined  to  pay 
proper  claims  against  him,  was  charged  by  the  court  with  cheating 
in  a  hog  trade,  and  it  further  appears  that  he  overcharged  pupils 


22  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

for  tuition.  This  offense  was  repeated  after  warning  and  he  was 
dismissed.  The  school  appears  to  have  been  successful  but  there 
was  much  trouble  about  his  discipline.  One  parent  complained  that 
the  boys  fought  among  themselves  and  tore  the  clothes  from  each 
others  bodies,  and  therefore  requested  that  the  master  punish  the 
boys  and  prevent  such  conduct.  Another  parent  informed  the  mas- 
ter that  he  did  not  want  his  children  punished.  The  master  there- 
upon appealed  to  the  burgomasters  for  the  enactment  of  an  ordi- 
nance defining  his  powers  in  such  cases.  These  conflicting  parental 
views  on  school  discipline  suggest  that  human  nature  was  quite 
similar  in  some  respects  in  the  seventeenth  century  to  what  it  is  in 
the  twentieth  century.  From  some  of  my  experiences  during  the 
past  twenty-five  years  I  am  able  to  sympathize  somewhat  with  the 
burgomasters  who  were  called  upon  to  settle  that  question. 

The  Latin  school  was  not  in  operation  for  nearly  a  year  but  in 
1662  the  Rev.  Aegidius  Lewyck  was  appointed  rector  of  the  school 
and  reopened  it.  He  probably  continued  the  school  until  1664  when 
the  colony  passed  under  English  rule.  The  support  and  manage- 
ment of  these  Latin  schools  was  quite  similar  to  that  of  the  elemen- 
tary schools.  It  appears  that  the  salary  of  the  Latin  teachers  was 
about  twice  that  paid  the  elementary  teachers. 

In  1702  an  act  was  passed  "  for  the  encouragement  of  a  grammar 
free  school  in  the  city  of  New  York."  There  is  no  record,  however, 
that  this  school  was  established  until  1704,  but  in  April  of  that  year 
George  Muirson  was  licensed  and  authorized  to  teach  such  school. 
In  the  following  October,  his  salary  of  25  pounds  was  paid.  In  the 
early  part  of  1705,  Mr  Muirson  went  to  London  and  Andrew 
Qarke  was  chosen  his  successor  by  the  common  council.  There  is 
no  record  of  any  kind  indicating  service  by  Mr  Clarke  and  no  fur- 
ther record  of  the  work  of  the  school.  It  was  undoubtedly  dis- 
continued upon  the  retirement  of  Mr  Muirson  and  its  charter, 
which  expired  in  1707,  was  not  renewed. 

No  further  action  to  promote  education  was  taken  by  the  legis- 
lative authority  of  the  colony  until  1732,  when  the  general  assembly 
passed  "An  act  to  encourage  a  public  school  in  the  city  of  New 
York  for  teaching  Latin,  Greek  and  mathematics."  Alexander 
Malcolm  was  the  master  of  this  school  and  conducted  it  for  six 
years.  Under  the  terms  of  this  act,  the  city  and  county  of  New 
York  was  entitled  to  ten  pupils,  the  city  and  county  of  Albany  to 
two,  the  county  of  Kings  to  two,  and  each  of  the  other  counties  to 
one  pupil.     This  may  be  looked  upon  as  the  germ  of  the  law  of 


The  old  Drumm  house  built  in  Johnstown  in  1763  for  the  home  of  Edward 
Wall,    the    teacher    of    the    first    school    in    that    part   of    the    Mohawk 
valley 


FREE    SCHOOLS  23 

1912,  which  established  3000  state  scholarships  in  the  colleges  of 
the  University  of  this  State  and  it  may  also  be  regarded  as  an  indi- 
cation of  the  development  of  public  sentiment  looking  toward  the 
establishment  of  a  state  system  of  education.  The  law  authorized 
the  establishment  of  the  school  for  a  period  of  five  years  and 
upon  the  expiration  of  that  term,  a  bill  to  extend  the  school  for 
one  year  was  bitterly  opposed  but  passed  the  General  Assembly  by 
only  one  majority. 

The  first  grammar  school  founded  west  of  Albany  was  probably 
at  Cherry  Valley  in  1743. 

It  is  stated  by  some  authors  that  the  efforts  to  establish  Latin 
schools  in  New  York  in  1702  and  1732  may  be  traced  as  the  origin 
of  the  establishment  of  Kings  College.  We  find  no  evidence  to  sus- 
tain this  theory.  But  one  college  was  established  during  the  colonial 
period  —  Kings  College  in  1754.  A  sharp  controversy  arose  over 
the  establishment  of  this  institution.  One  party  favored  a  charter 
granted  by  the  king  of  England  and  the  other  party  favored  a  char- 
ter granted  by  the  colonial  legislature.  The  former  party  succeeded 
and  the  charter  was  granted  by  King  George  II.  Time  will  not 
permit  a  discussion  of  the  issue  which  arose  on  the  proposition  to 
found  the  college.  William  Livingston,  who  was  an  adherent  of 
the  philosophy  advocated  by  the  followers  of  John  Locke,  was  the 
leader  of  this  opposition.  He  opposed  with  great  zeal  and  effective- 
ness an  appropriation  of  state  funds  for  an  educational  institution 
which  was  to  be  controlled  by  a  religious  denomination.  We  see 
here  the  germ  of  the  doctrine  that  public  education  is  a  matter  of 
state  concern  and  one  of  the  basic  principles  upon  which  public 
school  systems  in  the  several  states  of  this  country  have  been  con- 
structed. The  first  class  matriculated  in  this  institution  contained 
eight  students.  The  course  of  study  covered  four  years  —  the  time 
of  standard  courses  in  all  colleges  and  universities  of  the  present 
day. 

The  college  was  organized  by  Dr  Samuel  Johnson,  its  first  presi- 
dent. He  was  succeeded  by  Dr  Myles  Cooper,  a  graduate  of 
Oxford,  who  conducted  the  institution  until  the  outbreak  of  the 
Revolution  when  the  doors  of  the  college  were  closed  for  eight  years. 
It  is  not  possible  to  estimate  the  value  of  the  services  rendered  bv 
this  institution,  not  only  to  New  York  but  to  the  Nation  as  well. 
Many  of  the  leaders  of  the  State  and  of  the  Nation,  in  the  construc- 
tive period  of  our  national  government  following  the  Revolution, 
were  educated  and  trained  in  this  institution  for  the  service  which 


24  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

they  rendered  mankind.  After  the  conclusion  of  peace,  the  college 
was  reorganized,  by  an  act  of  the  Legislature,  under  the  name  of 
Columbia  College,  in  honor  of  the  discoverer  of  America.  From 
an  institution  of  eight  students  in  1754,  Columbia  has  grown  to  be 
not  only  one  of  the  largest  universities  but  one  of  the  most  power- 
ful and  influential  forces  in  the  preservation  and  development  of 
the  advancing  civilization  of  the  world. 

Under  the  Dutch  rule  there  was  a  gradual  separation  between  the 
influence  of  the  church  and  of  the  civil  authorities,  and  this  move- 
ment extended  to  the  secular  control  of  the  schools.  During  the 
century  following  the  rule  of  the  Dutch,  this  movement  gained  in 
strength  with  the  people  and  developed  into  an  open  opposition  to 
the  ecclesiastical  control  not  only  of  the  schools  but  of  civil  affairs 
generally.  Thus  we  find  that  after  the  adoption  of  the  Duke's  Laws 
on  Long  Island  the  people  voted  revenues  for  the  support  of  the 
school  at  town  meetings  and  also  selected  teachers  by  popular  vote. 
The  development  of  the  spirit  of  democracy  in  the  new  republic 
founded  after  the  close  of  the  Revolution  was  such  that  the  funda- 
mental democratic  spirit  upon  which  the  Dutch  schools  of  the 
colony  had  been  organized  and  maintained  was  made  the  basis  of 
the  establishment  of  a  school  system  on  such  broad  and  compre- 
hensive interest  in  human  affairs  that  it  administers  to  the  intellec- 
tual necessities  of  ten  million  people. 

As  an  illustration  of  the  growth  and  development  of  the  school 
system  the  accompanying  pictures  of  school  buildings  in  the  city  of 
New  Rochelle  are  included.  One  of  these  pictures  represents  a  build- 
ing as  it  stands  today,  which  was  used  for  a  public  school  in  that 
city  over  one  hundred  years  ago.  This  building  is  a  fair  illustra- 
tion of  the  type  of  building  and  type  of  school  which  met  the 
educational  needs  of  the  times  in  which  this  building  was  con- 
structed. 

The  two  pictures  which  follow  —  a  modern  elementary  school 
building  in  New  Rochelle  (there  bein;^  ten  elementary  school  build- 
ings in  the  city),  and  a  modem  high  school  building  —  are  fair 
illustrations  of  the  type  of  schools  which  are  needed  at  the  present 
time  to  meet  the  intellectual  necessities  of  the  people. 


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FREE   SCHOOLS  2$ 

Chapter  2 
EDUCATION  AFTER  THE  REVOLUTION 

Immediately  after  the  close  of  the  Revolution,  the  subject  of 
public  education  began  to  receive  the  attention  of  the  foremost  men 
of  the  country.  In  our  own  State,  Clinton,  Hamilton,  Livingston, 
Jay  and  others  advocated  the  adoption  of  means  for  the  education 
of  the  masses.  The  British  evacuated  New  York  City  in  Novem- 
ber 1783  and  within  two  months  thereafter  the  State  Legislature 
was  in  session  and  Governor  Clinton  was  stating  to  that  body  in 
his  official  message  that  the  most  important  subject  for  their  con- 
sideration was  the  necessity  of  providing  for  the  education  of  the 
youth  of  the  State.  In  1784  and  within  six  months  after  the 
defeated  British  forces  had  marched  from  New  York  City,  the 
lawmaking  body  of  the  State  enacted  two  laws  which  have  exerted 
a  mighty  influence  in  the  development  of  New  York's  public  school 
system.  These  were  the  acts  creating  the  University  of  the  State  of 
New  York  and  the  one  to  provide  funds  for  the  support  of  the 
schools.  The  first  official  statement  setting  forth  the  needs  of  a 
system  of  public  schools  came  from  the  Board  of  Regents  in  1787. 
A  committee  of  that  body  of  which  Alexander  Hamilton  and  Ezra 
L'Hommedieu  were  members  submitted  a  report  which  contained 
the  following  statement :  "  Your  committee  feels  bound  to  add  that 
the  erecting  of  public  schools  for  teaching  reading,  writing  and 
arithmetic  is  an  object  of  very  great  importance,  which  ought  not 
to  be  left  to  the  discretion  of  private  men,  but  be  promoted  by  public 
authority." 

Governor  Clinton,  in  his  annual  messages,  continued  to  impress 
upon  the  Legislature  the  importance  of  providing  elementary 
schools.  The  Board  of  Regents  in  its  annual  reports  to  the  Legis- 
lature joined  with  Governor  Qinton  in  setting  forth  the  supreme 
need  of  establishing  schools  throughout  the  State.  In  the  reports 
for  1793,  1794  and  1795,  the  Regents  again  took  strong  ground 
upon  this  question  and,  in  the  latter  year,  the  Legislature 
responded  favorably.  It  may  seem  strange  now  that  the  Legis- 
lature acted  with  much  deliberation  upon  a  question  of  such  press- 
ing and  momentous  importance  to  the  people.  There  was  reason 
enough  for  such  delay.  The  long  struggle  of  the  Revolution  had 
impoverished  the  people;  the  population  of  the  State  was  only 
340,000;  the  expense  of  inaugurating  a  school  system  was  a  con- 
sideration at  that  day  which  properly  made  wise  men  cautious; 


26  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

there  were  those  who  beheved  that  parents  should  meet  the  entire 
expense  of  the  education  of  their  children;  there  were  those  who 
were  indifferent  to  the  proposition ;  and  there  were  others  who  were 
positively  opposed  not  only  to  the  State's  assuming  direction  of 
public  education  but  even  to  the  idea  of  educating  the  masses. 
Public  sentiment,  however,  was  fast  ripening  upon  this  question. 
The  Assembly  of  1795  appointed  a  committee  to  consider  that 
part  of  Governor  Clinton's  message  which  related  to  his  recommen- 
dation on  the  establisment  of  a  system  of  common  schools.  This 
committee  reported  a  bill  which  became  a  law  and  was  the  begin- 
ning of  the  foundation  on  which  the  State  school  system  was  con- 
structed. This  law  authorized  an  annual  appropriation  of  fifty 
■  thousand  dollars  for  a  period  of  five  years,  to  be  apportioned  to 
the  localities  which  maintained  schools.  Each  town  was  required 
to  raise  by  taxation  a  sum  equal  to  one-half  the  amount  apix)r- 
tioned  to  it  from  the  State  fund.  Localities  were  authorized  to 
form  associations  for  the  purpose  of  maintaining  schools  and  to 
elect  two  trustees  to  have  charge  of  the  general  business  affairs 
of  the  schools.  The  towns  were  required  to  elect  from  three  to 
seven  commissioners  who  were  given  supervision  and  direction  of 
the  schools  and  the  power  to  determine  the  qualifications  of  teachers 
and  to  apportion  the  school  funds.  This  scheme  had  no  general 
directory  or  supervisory  force  and  no  cohesive  power  within  itself 
and  therefore  completely  broke  down.  It  appears  that  about  fifteen 
hundred  schools  had  been  organized  within  the  five  years  for 
which  appropriations  had  been  authorized  and  that  as  many  as 
sixty  thousand  children  had  attended  them.  They  failed,  however, 
to  command  sufficient  respect  and  influence  to  induce  the  Legisla- 
ture in  1800  to  renew  the  appropriation  for  their  support  and  were 
therefore  discontinued  in  that  year. 

The  full  text  of  the  law  and  the  amendment  to  it  made  by  the 
Legislature  of  1796  are  as  follows: 

Chapter  75 
An  Act  for  the  encouragemen/t  of  schools. 

Passed  the  9th  of  April,  1795 

Be  it  enacted  by  the  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly  That  out  of  the  annual  revenue  arising  to  this  State 
from  its  stock  and  other  funds,  excepting  so  much  thereof  as  shall  he  neces- 
sary for  the  support  of  government,  the  sum  of  twenty  thousand  pounds, 
shall  be  annually  appropriafted  for  the  term  of  five  years  for  the  purpose  oi 
encouraging  and  maintaining  schools  in  the  several  cities  and  towns  in  this 


FREE   SCHOOLS  T.'J 

State,  in  which  the  children  of  the  inhabitants  residing  in  this  State  shall  be. 
instructed  in  the  English  language  or  be  taught  English  grammar,  arithmetic, 
mathematics  and  such  other  branches  of  knowledge  as  are  most  useful  and 
necessary  to  complete  a  good  English  education;  which  sum  shall  be  distrib- 
uted among  the  several  counties  in  the  manner  following  until  a  new  appor- 
tionment of  the  representation  of  the  legislature  of  this  State  shall  be  made 
that  is  to  say, 

The  city  and  county  of  New  York  shall  be  entitled  to  receive  the  sum  of 
one  thousand  eight  hundred  and  eighty  eight  pounds. 

The  county  of  Kings  the  sum  of  one  hundred  and  seventy  four  pounds. 
The  county  of  Queens  the  sum  of  seven  hundred  and  forty  four  pounds. 
The  county  of  Suffolk  the  sum  of  eight  hundred  and  forty  pounds. 
The   county   of    Richmond   the   sum   of    one   hundred   and   seventy   four 
pounds. 

The  county  of  West-Chester  the  sum  of  one  thousand  one  hundred  and 
ninety  two  pounds. 
The  county  of  Dutchess  the  sum  of  two  thousand  two  hundre<i  pounds. 
The  county  of  Ulster  the  sum  of  one  thousand  four  hundred  and  forty 
pounds. 

The  county  of  Orange  the  sum  of  nine  hundred  and  forty  four  pounds. 
The  county  of  Columbia  the  sum  of  one  thousand  three  hundred  and  ninety 
pounds. 

The  county  of  Rensselaer  the  sum  of  one  thousand  one  hundred  and  ninety 
two  pounds. 

The  county  of  Washington  the  sum  of  one  thousand  one  hundrd  and  fifty 
two  pounds. 

The  county  of  Clinton  the  sum  of  two  hundred  pounds. 
The  county  of  Albany  the  sum  of  one  thousand  five  hundred  and  ninety 
pounds. 
The  county  of  Saratoga  the  sum  of  one  thousand  and  ninety  two  pounds. 
The  county  of  Herkimer  the  sum  of  nine  hundred  and  thirty  pounds. 
The  county  of  Montgomery  the  sum  of  eleven  hundred  and  ninety  two 
pounds. 

The  county  of  Otsego  the  sum  of  eight  hundred  and  forty  four  pounds. 
The  county  of  Onondaga  the  sum  of  one  hundred  and  seventy  four  pounds. 
The  county  of  Tioga  the  sum  of  three  hundred  and  forty  eight  pounds  and 
The  county  of  Ontario  the  sum  of  three  hundred  pounds  and  the  treasurer 
of  the  State  is  hereby  required  to  pay  the  said  several  sums  of  money  to 
the  treasurers  of  the  respective  coutities  or  their  respective  orders  on  the  third 
Tuesday  of  March  "in  every  year  or  as  soon  thereafter  as  the  said  monies 
shall  come  into  his  hands  provided  nevertheless  that  the  first  of  the  said 
annual  payments  shall  be  made  on  the  third  Tuesday  of  March  in  the  year 
one  thousand  seven  hundred  and  ninety  six.  And  if  the  annual  revenue  of 
the  State  after  deducting  what  may  be  necessary  for  the  support  of  govern- 
ment shall  not  be  sufficient  for  the  payment  of  the  whole  of  the  said  sum  of 
money  in  any  one  year,  then  the  treasurer  of  the  State  shall  pay  the  same 
out  of  any  monies  not  otherwise  appropriated  which  may  be  or  may  come 
into  the  treasury,  and  if  the  whole  of  the  said  monies  not  otherwise  appro- 
priated shall  not  be  suflRcient  for  that  purpose  then  every  such  pajrment  shall 
be  made  to  each  county  respectively  in  the  same  proportion  as  the  whole  of 


28  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

said  money  is  hereby  directed  to  be  paid  before  the  next  apportionment  of 
the  representation  on  the  legislature  and  after  such  next  appropriation  shall  be 
made,  every  payment  of  the  several  counties  shall  be  in  proportion  to  the 
number  of  electors  for  members  of  assembly  in  each  county.  And  the  treas- 
urers of  the  respective  counties  are  hereby  authorized  to  retain  in  their  hands 
the  sum  of  three  pence  in  the  pound  for  every  pound  of  the  monies  which 
may  come  into  their  hands  by  virtue  of  this  act  as  a  compensation  for  their 
services  in  receiving  and  paying  the  same. 

And  whereas  It  will  be  expensive  and  inconvenient  to  enumerate  the  in- 
habitants of  the  several  towns  in  every  year.    Therefore 

Be  it  further  enacted  That  it  shall  be  the  duty  of  the  supervisors  in  each 
and  every  of  the  counties  of  this  State,  at  their  meeting  on  the  last  Tuesday 
of  May  or  within  ten  days  thereafter  in  every  year  to  apportion  the  said 
respective  sums  among  the  several  towns  in  their  respective  counties  after 
having  deducted  the  fees  of  the  treasurers  of  their  respective  counties  for 
receiving  and  paying  the  same,  according  to  the  number  of  taxable  inhab- 
itants which  shall  appear  to  be  in  several  towns  in  each  county,  by  the  tax 
lists,  directed  to  be  annually  returned  to  them  by  the  act  entitled  "An  act  for 
defraying  the  public  and  necessary  charge  in  the  respective  counties  of  this 
State  and  if  at  their  said  time  of  meeting  no  such  tax  list  shall  be  returned 
to  them,  by  the  assessors  of  any  one  or  more  of  the  towns  in  any  county 
then  it  shall  be  lawful  for  the  supervisors  to  estimate  the  number  of  taxable 
inhabitants  in  any  such  town  or  towns  according  to  the  best  information  that 
they  shall  be  able  to  obtain ;  and  when  such  apportionment  shall  be  completed 
the  supervisors  shall  certify  to  each  town  the  sum  of  money  allotted  to  that 
town  by  virtue  of  this  act;  and  a  copy  of  such  certificate,  subscribed  and 
sealed  by  them,  shall  "be  delivered  to  each  supervisor  present,  who  shall  file 
the  same  in  the  office  of  the  clerk  of  the  town,  for  which  he  shall  be  super- 
visor, and  when  any  one  or  more  of  the  supervisors  are  absent,  it  shall  be 
the  duty  of  the  clerk  of  the  supervisors  to  transmit  such  certificates  to  the 
clerks  of  the  several  towns  whose  supervisors  were  not  present  at  such 
annual  meeting,  and  such  clerks  shall  file  the  same  in  their  respective  offices. 

And  be  it  further  enacted  That  the  mayor,  aldermen  and  commonalty  of 
the  city  of  New  York  in  common  council  convened  shall  yearly  and  every 
year  during  the  continuance  of  this  act  cause  to  be  raised  by  a  tax  in  the 
said  city  and  county  a  sum  equal  to  one  half  of  the  sum  appropriated  for 
encouraging  and  maintaining  schools  in  the  city  and  county  for  'Ntw  York 
by  virtue  of  this  act  in  the  same  year  to  be  added  to  and  applied  in  the  same 
manner  with  the  money  so  appropriated  as  aforesaid,  which  said  sums  ^f 
money  so  to  be  raised  shall  be  asse'ssed  levied  and  collected  and  paid  accord- 
ing to  the  directions  of  the  act  entitled  "An  act  for  the  more  effectual  collec- 
tion of  taxes  in  the  city  and  county  of  New  York." 

And  be  it  further  enacted  That  the  supervisors  of  each  of  the  several  other 
counties  of  this  state  shall  yearly  and  every  year  during  the  continuance  of  the 
act  cause  to  be  raised  by  a  tax  in  each  town  in  the  same  county  a  sum  equal  to 
one  half  of  the  sum  to  be  allotted  to  the  same  town  in  the  same  j'ear  out  of 
the  money  so  appropriated  to  the  county  by  the  State  in  the  same  year  by 
virtue  of  this  act  to  be  added  to  and  applied  in  the  same  manner  with  the 
money  so  to  be  allowed  to  the  same  town  in  the  same  year  by  virtue  of  this  act 


FREE    SCHOOLS  29 

which  said  sums  of  money  shall  be  raised  levied  collected  and  paid  to  the 
treasurer  of  the  same  county  together  with  and  in  the  same  manner  as  the 
necessary  and  contingent  charges  of  the  said  county  are  to  be  raised  collected 
and  paid  by  virtue  of  the  act  entitled  An  act  for  defraying  the  public  and 
necessary  charge  in  the  respective  counties  of  this  State. 

And  be  it  further  enacted  that  it  shall  and  may  be  lawful  for  the  mayor 
aldermen  and  commonalty  of  the  city  of  New  York  in  common  council  con- 
vened from  time  to  time  during  the  continuance  of  this  act  to  cause  as  well 
the  money  so  appropriated  for  encouraging  and  maintaining  schools  in  the 
city  and  county  of  New  York  as  the  money  to  be  raised  in  the  said  city  and 
county  for  the  same  purpose  by  virtue  of  this  act  to  be  applied  as  well  as 
for  the  encouragement  and  maintaining  of  the  several  charity  schools  as  of 
other  schools  in  which  children  shall  be  instructed  in  the  English  langi'.age 
or  taught  English  grammar  arithmetic  mathematics  and  such  other  branches 
of  knowledge  as  are  most  useful  and  necessary  to  complete  a  good  English 
education  whether  the  children  taught  in  such  charity  school  shall  be  the 
children  of  white  parents  or  descended  from  Africans  or  Indians  in  such 
manner  as  the  common  council  shall  think  proper  and  in  conformity  with 
the  intent  of  the  act  and  shall  on  or  before  the  first  day  of  November  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  ninety  six  and  on  or 
before  the  first  day  of  November  in  every  year  thereafter  during  the  con- 
tinuance of  this  act  cause  an  account  of  the  application  and  distribution  of 
the  said  monies  to  be  filed  in  the  office  of  the  secretary  of  the  State  who 
shall  deliver  the  same  to  the  legislature  at  their  next  session. 

And  be  it  further  enacted  That  on  the  distribution  of  the  monies  assigned 
to  or  to  be  raised  within  the  city  and  company  of  New  York  amongst  the 
different  schools  in  the  said  city  that  if  one  or  more  of  the  said  schools 
should  refuse  to  receive  their  respective  proportions  of  the  money  so  assigned 
or  raised  as  aforesaid  then  in  that  case  the  same  shall  be  appropriated  to 
the  charity  schools  in  the  said  city  at  the  discretion  of  the  said  common 
council. 

And  be  it  further  enacted  That  the  supervisors  of  the  county  of  Albany 
shall  yearly  and  every  year  during  the  continuance  of  this  act  cause  to 
be  raised  by  a  tax  in  the  city  of  Albany  a  sum  equal  to  the  half  sum  to 
be  appropriated  for  encouraging  and  maintaining  schools  in  the  said  city  by 
virtue  of  this  act  in  the  same  year  to  be  added  to  and  applied  the  same 
manner  with  the  monies  so  appropriated  as  aforesaid  which  said  sum  of 
money  so  to  be  raised  shall  be  assessed  levied  and  collected  and  paid  to  the 
treasurer  of  the  same  county  together  with  and  in  the  same  manner  as  the 
necessary  and  contingent  charges  of  the  same  county  are  to  be  raised  col- 
lected and  paid  by  virtue  of  the  act  entitled  An  act  for  defraying  the  public 
and  necessary  charge  in  the  respective  counties  of  this  State. 

And  be  it  further  enacted  That  it  shall  be  lawful  for  the  mayor  aldermen 
and  commonalty  of  the  city  of  Albany  in  common  council  convened  from 
time  to  time  during  the  continuance  of  this  act  to  cause  as  well  the  money 
so  appropriated  for  encouraging  and  maintaining  schools  in  the  city  of 
Albany  as  the  money  to  be  raised  in  the  said  city  for  the  same  purpose 
by  virtue  of  this  act  to  be  applied  for  the  encouragement  and  maintenance 
of  the  schools  in  which  children  shall  be  instructed  in  the  English  language 


30  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

or  taught  English  grammar  arithmetic  mathematics  and  such  other  branches 
of  knowledge  as  are  most  useful  and  necessary  to  complete  a  good  English 
education  in  such  manner  as  the  common  council  shall  think  proper  and 
most  agreeable  to  the  intent  of  this  act  on  or  before  the  first  day  of 
November  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  ninety 
six  and  on  or  before  the  first  day  of  November  in  every  year  thereafter 
during  the  continuance  of  this  act  cause  an  account  of  the  application  of  the 
said  monies  to  be  filed  in  the  office  of  the  secretary  of  this  State  who  shall 
deliver  the  same  to  the  legislature  at  their  then  next  session  and  the  treasurer 
of  the  said  county  of  Albany  is  hereby  directed  to  pay  as  well  the  money 
so  to  be  allotted  to  as  to  be  raised  in  the  said  city  of  Albany  for  encourag- 
ing and  maintaining  schools  in  the  said  city  of  Albany  to  the  order  of  the 
mayor  aldermen  and  commonalty  of  the  city  of  Albany  to  be  by  them 
appropriated  as  aforesaid. 

And  be  it  further  enacted  That  it  shall  be  lawful  for  the  freeholders  and 
inhabitants  in  the  several  towns  in  the  State  who  may  be  qualified  by  law 
to  vote  at  town  meeings  to  elect  at  their  respective  annual  town  meetings 
not  less  than  three  nor  more  than  seven  persons  who  shall  have  the  super- 
intendence thereof  and  shall  determine  concerning  the  distribution  of  the 
monies  allotted  or  raised  in  the  same  town  for  the  purpose  of  encourag- 
ing and  maintaining  schools  by  virtue  of  this  act  in  the  manner  hereafter 
directed  provided  that  for  the  present  year  the  supervisor  and  town  clerk  and 
assessors  shall  be  commissioners. 

And  be  it  further  enacted  That  the  city  of  Hudson  in  the  county  of 
Columbia  shall  be  considered  as  a  town  for  all  the  purposes  contemplated 
in  this  act :  And  the  freemen  of  the  said  city  being  inhabitants  thereof  shall 
annually  elect  commissioners  of  schools  in  like  manner  as  last  above  pre- 
scribed, and  at  such  time  in  every  year  as  they  are  by  law  directed  to  elect 
aldermen  assistants,  and  other  officers  in  and  for  the  said  city  and  the  said 
commissioners  when  so  elected  and  qualified  as  above  prescribed  shall  con- 
tinue in  office  for  the  like  time  perform  the  like  duties,  exercise  the  like 
powers  and  proceed  in  doing  business  in  like  manner  as  the  commissioners 
of  schools  in  the  several  towns  in  the  State ;  and  every  certificate  or  other 
matter  in  writing  which  is  hereby  directed  to  be  filed  in  the  office  of  the 
clerk  of  any  town,  shall  in  and  for  the  said  city  be  filed  in  the  office  of  the 
clerk  of  the  city  and  that  the  city  of  Albany  in  the  county  of  Albany  shall 
be  considered  as  a  town  in  the  distribution  to  be  made  by  the  supervisors  of 
the  same  county  of  the  money  appropriated  to  the  same  county  by  this  act. 

And  be  it  fitrther  enacted  That  for  the  purpose  of  deriving  a  benefit  from 
the  monies  hereby  appropriated  it  shall  be  lawful  for  the  inhabitants  residing 
in  the  different  parts  of  any  town  to  associate  together  for  the  purpose  of 
procuring  good  and  sufficient  schoolmasters,  and  for  erecting  or  maintaining 
schools,  in  such  and  so  many  parts  of  the  town  where  they  may  reside  as 
shall  be  found  most  convenient  and  in  which  shall  be  taught  such  branches 
of  learning  as  are  intended  to  receive  encouragement  from  the  monies 
hereby  appropriated.  And  all  such  persons  as  may  associate  together  for  the 
purposes  above  mentioned,  shall  appoint  two  other  persons  to  act  in  their  behalf 
as  trustees  of  every  school.  Provided  nevertheless  that  no  person  shall  be 
appointed  a  trustee  of  any  such  school  who  may  be,  in  any  other  manner 
authorized  or  empowered  to  carry  this  act  into  effect  and  the  said  trustees 


FREE    SCHOOLS  3I 

shall  whenever  they  judge  it  necessary  confer  with  the  commissioners  of 
schools  for  the  town  or  ward  where  they  may  reside  concerning  the  quali- 
fications of  the  master  or  masters  that   they  may  have  employed  or  may 
intend  to  employ,  in  their  school,  and  concerning  every  other  matter  which 
may  relate  to  the  welfare  of  their  school  or  to  the  propriety  of  erecting  or 
maintaining  the  same,  to  the  intent  that  thej-  may  obtain  the  determination  of 
the  said  commissioners  whether  the  said  school  will  be  entitled  to  a  part  of 
the  moneys  allotted  to  or  raised  in  that  town  by  virtue  of  this  act  and  whether 
th&  abilities  and  moral   character  of   the  master  or  masters  employed   or 
intended  to  be  employed  therein  are  such  as  will  meet  with  their  approba- 
tion.    And  the  said  trustees  of  the  said  several  schools  shall  on  the  third 
Tuesday   in   March   in   every  year  or  within   four   days   thereafter  make  a 
return  certified  under  their  respective  hands  to  the  commissioners  of  schools 
for  the  town  where  their  respective  schools  may  have  b\3en  kept  containing 
the  name  or  names  of  the  master  or  masters  who  in  the  year  next  preceding 
may  have  instructed  in   the  school   for  which  they  were  appointed  trustees 
and  the  time  or  times  when  they  severally  began  and  left  off  instructing  in 
the  said  school  and  the  number  of  days  they  may  have  severally  instructed 
therein,  and  the  terms  upon  which  they  have  severally  agreed  to  instruct, 
in  the  same  and  the  names   of  the  scholars  who  in  that  year  have  been 
instructecii    therein    and    the    number    of    days    which    they    have    severally 
attended  the  school  and  the  time  or  times  with  which  the  school  has  been 
kept  in  that  year  provided  nevertheless  That  the  name  of  any  child  who  shall 
be  under  the  age  of   four  years  shall   not  be  inserted  in  any  such    returns 
and  if  after  the  receipt  of  the  said  returns  it  shall  appear  to  the  said  com- 
missioners that  there  is  no  material  error,  fraud  or  deception  in  them  they 
shall  collect  into  one  sum  the  whole  number  of  days  for  which  each  and 
every  scholar  that  may  attended  any  one  of  the  said  schools  shall  have  been 
instructed  therein,  and  shall  apportion  the  monies  allotted  to  and  raised  in 
that  town  for  that  purpose  aforesaid  according  to  the  whole  number  of  days 
for  which  instruction  shall  appear  to  have  been  given  in  each  of  the  said 
schools  in  such  manner  that  the  school  in  which  the  greater  number  of  days 
of  instruction  shall  appear  to  have  been  given  shall  have  a  proportionally 
larger  sum  and  if  it  shall  at  any  time  appear  to  the  said  commissioners  that 
the  abilities  or  moral  character  of  the  master  or  masters  of  any  school  are 
not  such  that  they  ought  to  be  entrusted  with  the  education  of  youth  or  that 
any  of  the  branches  of  learning  taught  in  any  school  are  not  such  as  are 
intended  to  receive  encouragement  from  the  monies  appropriated  by  this  act 
the  said  commissioners  shall  notify  in  writing  the  said  trustees  of  such  notifi- 
cation and  no  longer  shall  any  allowance  be  made  to  such  school  unless  the 
same  thereafter  be  conducted  to  the  approbation  of  the  said  commissioners 
and  where  more  masters  than  one  shall  have  been  employed  in  any  school  the 
said  commissioners  shall  apportion  the  monies  allotted  to  that  school  among 
the  said  several  masters  according  to  such  agreement  as  shall  have  heen 
made  with  them  by  the  trustees  of  said  school  or  by  any  other  person  or 
persons  who  may  have  procured  them. 

And  be  it  further  enacted  That  nothing  herein  contained  shall  be  con- 
strued to  prevent  the  inhabitants  residing  near  the  limits  or  borders  of  any 
town  from  associating  with  inhabitants  residing  in  any  adjoining  town  for 
the  purposes  above  mentioned  and  in  every  such  case  the  trustees  of  the 


32  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

school  shall  be  residents  of  the  town  shall  make  the  like  distribution  to  such 
school  as  is  hereinbefore  prescribed  with  respect  to  the  other  schools  in 
such  town. 

An  be  it  further  enacted  That  the  said  commissioners  in  every  town  shall 
provide  a  book  in  which  they  shall  make  an  entry  of  every  school  under 
their  superintendence  the  names  of  the  trustees  and  the  names  of  masters 
the  time  of  application  made  to  them  by  the  trustees  and  the  time  of 
approbation  of  the  said  commissioners  as  well  of  schools  already  established 
during  the  continuance  of  this  act  and  shall  on  the  last  Tuesday  in  May  in 
every  year  from  the  return  of  the  trustees  with  such  vouchers  as  may  be 
necessary  determine  the  sums  due  to  the  trustees  of  the  respective  schools 
and  shall  give  to  the  trustees  of  each  school  an  order  on  the  treasurer  of  the 
county  for  the  sum  of  which  they  shall  so  determine  to  be  due  and  the 
treasurer  of  the  county  is  hereby  required  to  pay  the  same. 

And  be  it  further  enacted  That  the  commissioners  in  the  several  towns 
within  this  State  shall  on  or  before  the  first  day  of  July  in  the  year  one 
thousand  seven  hundred  and  ninety-six  and  in  every  year  thereafter  during 
the  continuance  of  this  act  delivered  to  the  treasurer  of  their  respective 
counties  a  schedule  containing  the  number  of  schools  the  masters  names  the 
number  of  scholars  taught  and  the  number  of  days  of  instruction  in  the  school 
of  which  they  were  the  commissioners  and  the  treasurers  of  the  several 
counties  shall  on  or  before  the  first  day  of  November  in  every  year  transmit 
the  same  to  the  secretaries  office  and  the  secretary  shall  lay  the  same  before 
the  legislature  at  their  next  meeting. 

And  whereas  special  provisions  hath  already  been  made  for  the  encourage- 
ment of  learning  in  the  several  colleges  and  academies  in  the  State.  There- 
fore 

Be  it  further  enacted  That  nothing  in  this  act  contained  shall  be  so  construed 
as  to  extend  to  any  college  or  academy  which  is  or  hereafter  shall  be 
incorporated  under  the  authority  of  the  regents  of  the  university  or  by  virtue 
of  any  law  of  the  State. 

And  be  it  further  enacted  That  this  act  shall  be  in  force  and  take  effect, 
from  and  after  the  first  Tuesday  of  April  one  thousand  seven  hundred  and 
ninety-five. 

Chapter  49 
An  act  to  amend  the  act  entitled  An  act  for  the  encouragement  of  schools. 

Passed  the  6th  of  April,   1796 

Whereas  it  is  provided  by  the  twelfth  section  of  the  act  entitled  An  act  for 
the  encouragement  of  schools  that  the  inhabitants  of  two  adjoining  towns 
may  associate  for  the  purpose  of  erecting  schools  in  conformity  to  the  said 
act  and  that  commissioners  of  the  town  in  which  the  school  is  kept  shall 
make  the  like  distribution  to  such  school  as  to  schools  wholly  composed  of 
children  belonging  to  the  town  in  which  the  school  is  kept  which  in  many 
instances  is  likely  to  operate  unequally  between  the  inhabitants  of  said  towns. 
For  remedy  whereof 

Be  it  enacted  by  the  People  of  the  State  of  New  York  represented  in 
Senate  and  Assembly  That  the  commissioners  of  the  adjoining  towns  in 
which  such  association  shall  take  place  shall  respectively  furnish  monies  to 


FREE   SCHOOLS  33 

such  school  in  the  same  manner  as  is  directed  with  regard  to  other  schools 
in  proportion  to  the  number  of  scholars  from  each  town  respectively  and  the 
trustees  of  the  school  in  the  town  where  such  school  is  so  kept  shall  direct 
a  separate  account  of  the  days  of  instruction  that  shall  be  so  given  to 
scholars  that  belong  to  such  adjoining  town  and  deliver  the  same  to  the  com- 
missioners of  schools  of  such  adjoining  town  and  the  said  commissioners 
shall  pay  the  proportion  of  said  money  to  said  trustees  accordingly. 

And  be  it  further  enacted  That  the  children  of  the  inhabitants  of  any  town 
where  there  is  an  academy  incorporated  or  to  be  incorporated,  and  shall  be 
taught  in  such  academy  only  reading  writing  and  common  arithmetic  shall 
be  considered  as  scholars  of  common  schools  are  considered  by  the  act 
entitled  "An  act  for  the  encouragement  of  schools "  and  shall  have  the 
like  benefit  as  other  scholars  belonging  to  the  common  schools  in  the  same 
town  as  the  gratuity  of  this  state  and  the  tax  to  be  raised  in  the  same 
town. 

2 


34  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

Chapter  3 

THE  LAW  OF  1812 

Each  year  thereafter  the  Governor  in  his  messages  and  the 
friends  of  the  schools  who  were  in  the  Legislature  pressed  the 
issue  to  the  front  until  the  year  181 1  when  Governor  Tompkins 
was  authorized  to  appoint  another  committee  to  report  to  the  Legis- 
lature the  following  year  "  a  system  for  the  organization  and 
establishment  of  common  schools,"  This  committee  gave  the  ques- 
tion most  careful  consideration.  They  evidently  made  an  exhaus- 
tive study  of  the  plans  pursued  in  other  countries  and  submitted 
to  the  Legislature  of  1812  a  report  which  forms  one  of  the  most 
important  educational  documents  in  the  history  of  the  State.  The 
committee  also  submitted  with  its  report  the  draft  of  a  bill  to  carry 
into  effect  the  recommendations  made  in  its  report.  This  bill  was 
enacted  in  to  law  by  the  Legislature  of  181 2.  Its  principal  provi- 
sions were  as  follows : 

1  The  present  plan  of  school  districts  was  provided.  The 
territory  in  each  town  was  divided  into  such  districts  by  three 
commissioners  chosen  for  this  special  purpose  at  the  town  meeting. 

2  A  complete  and  effective  school  organization  was  created  in 
each  district,  consisting  of  three  trustees,  a  collector  and  a  clerk. 

3  The  principle  that  all  teachers  should  possess  moral  character 
and  certain  scholastic  qualifications  was  established  and  local 
officers  known  as  town  commissioners  and  inspectors  were  created 
to  determine  such  qualifications  and  also  to  inspect  the  schools. 

4  The  office  of  state  superintendent  of  common  schools  was 
created,  being  the  first  office  of  the  kind  to  be  established  by  any 
state  in  the  Union.  This  officer  was  given  sufficient  directory  and 
supervisory  authority  to  initiate  proceedings  to  set  the  machinery 
of  each  district  into  operation  and  the  power  to  bind  the  schools 
together  into  one  strong,  aggressive  force  to  accomplish  the  pur- 
poses for  which  the  State  created  it. 

5  Each  district  was  required  to  provide  a  schoolhouse  and  site, 
to  keep  the  building  in  repair  and  to  furnish  necessary  appendages 
and  fuel.  A  tax  could  be  laid  upon  the  property  of  the  district  for 
this  purpose. 

6  Trustees  were  authorized  to  employ  a  teacher  and  fix  the  com- 
pensation. 


FREE   SCHOOLS  35 

7  The  money  apportioned  to  a  district  from  the  school  funds 
could  be  used  only  in  the  payment  of  teachers'  salaries. 

These  were  the  broad  lines  upon  which  the  schools  were  to  be  con- 
ducted and  each  of  these  general  provisions  has  been  continued  in 
the  management  of  our  school  system  through  the  century  which 
followed.  This  fact  is  evidence  of  the  wisdom  and  the  keen  vision 
which  was  possessed  by  our  forefathers  who  constructed  the  machin- 
ery for  the  operation  of  an  organization  so  vast  in  its  importance, 
touching  as  it  does  the  most  cherished  interests  of  every  fireside  in 
the  Commonwealth. 

In  addition  to  these  provisions  of  the  law  there  are  certain 
important  fundamental  principles  of  State  policy  involved  which 
should  be  briefly  considered. 

1  That  public  education  was  a  State  function  and  that  public 
schools  should  be  fostered  and  maintained  under  State  supervision, 
was  determined. 

2  That  in  the  accomplishment  of  this  purpose  a  State  system  of 
tax-supported  schools  should  be  established  and  officers  chosen  in 
the  several  localities  to  execute  the  State's  policy  in  relation  to 
public  education. 

3  That  where  the  funds  of  the  State  go,  the  authority  and  super- 
vision of  the  State  must  follow. 

A  comparison  of  the  essential  features  of  the  school  system 
adopted  in  1812  with  the  school  system  developed  in  Holland  in  the 
sixteenth  and  seventeenth  centuries  and  also  with  schools  main- 
tained in  the  Dutch  villages  of  New  York  during  the  period  of 
Dutch  rule  will  reveal  types  of  schools  which  are  strikingly  similar. 
There  was,  however,  one  predominant  influence  in  the  Holland  and 
in  the  Dutch  colonial  schools  which  was  absolutely  eliminated  in  the 
system  of  181 2.  This  was  the  ecclesiastical  power.  It  will  be 
observed  that  the  secular  influence  which  had  gained  such  great 
ground  throughout  the  civilized  world  where  the  people  were 
responsive  to  the  influences  of  democracy  was  in  complete  control 
of  the  schools. 

The  Rate-bill  System 

There  were  three  sources  from  which  the  necessary  revenues  for 
meeting  the  expenses  of  maintaining  schools  were  derived:  (i)  the 
district  imposed  a  tax  for  the  expense  of  providing  a  schoolhouse, 
fuel  etc.,  and  the  tuition  of  indigent  children;  (2)  the  fund  appor- 
tioned by  the  State,  which  was  about  twenty  dollars  for  each  dis- 
trict, was  to  be  applied  exclusively  toward  the  payment  of  the 


36  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

salary  of  the  teacher;  (3)  the  balance  necessary  to  meet  the 
deficiency  in  the  salary  of  the  teacher  was  assessed  upon  the  parents 
of  the  children  who  attended  school.  The  children  of  the  indigent 
were  exempt  from  the  payment  of  tuition.  This  assessment  upon 
parents  authorized  in  181 4  was  the  inauguration  of  what  was  known 
as  the  rate-bill  system. 

This  plan  often  placed  a  burden  upon  the  poor  which  they  were 
not  able  to  meet.  To  avoid  it,  they  must  acknowledge  that  they 
were  indigent.  The  tuition  was  then  assumed  by  the  district  and 
entry  of  the  payment  thereof  made  in  the  public  records.  The 
children  affected  were  therefore  publicly  branded  as  indigent 
children  and  the  recipients  of  charity.  The  whole  plan  was  repug- 
nant to  the  proper  spirit  of  democratic  institutions  in  the  dawn  of 
the  nineteenth  century.  It  was  doubtless  an  inheritance  from  Hol- 
land. In  that  country,  during  the  seventeenth  century,  as,  we  have 
already  observed,  the  poor  children  were  admitted  to  school  upon 
request  without  the  payment  of  tuition.  A  similar  plan  prevailed  in 
the  Dutch  schools  in  America.  While  the  establishment  of  a 
system  of  common  schools  was  an  expression  of  the  democracy 
which  prevailed  after  the  close  of  the  Revolution,  our  democratic 
tendencies  had  not  yet  reached  that  development  where  human 
rights  were  always  to  be  regarded  as  superior  to  property  rights. 
We  were  not  yet  ready  to  adopt  the  principle  that  it  is  the  obliga- 
tion of  the  State  to  provide  for  the  education  of  all  its  children. 

This  very  question  which  seems  so  simple  now  was  one  of  the 
■most  troublesome  in  the  development  of  the  public  school  system. 
It  is  probably  within  the  truth  to  say  that  no  other  question  agitated 
the  public  mind  to  a  greater  extent  and  was  a  source  of  greater 
feeling  among  the  people  for  so  long  a  period  of  time.  It  was  a 
subject  of  bitter  controversy  in  the  legislative  halls  of  the  State  for 
over  a  half  century  before  a  solution  was  reached. 

The  report  of  the  committee  appointed  by  Governor  Tompkins, 
and  the  law  which  was  enacted  upon  the  basis  of  such  report,  are 
such  important  documents  in  the  development  of  our  educational 
history  that  the  full  text  of  each  is  included  herein.  These  docu- 
ments are  as  follows: 

Monday,  February  Jph,  1812 

The  house  met  pursuant  to  adjournment. 

A  message  from  his  excellency  the  Governor,  delivered  by  his  private 
secretary,  was  read,  and  is  in  the  words  following,  to  wit : 

Gentlemen:  Pursuant  to  the  power,  vested  in  me,  by  the  act  passed 
April  9,  181 1,  Jedediah  Peck,  John  Murray,  junior,  Samuel  Russel,  Roger 


FREE   SCHOOLS  37 

Skinner  and  Robert  Macomb,  were  appointed  Commissioners,  to  report  a 
system  for  the  organization  and  establishment  of  Common  Schools.  The 
system  they  have  devised,  is  now  submitted  to  the  consideration  of  the 
Legislature. 

Daniel  D.  Tompkins 
Albany,  Feb.  17,  1812 
To  D.  D.  Tompkins,  Governor,  &c. 

The  Commissioners  appointed,  "  to  Report  a  system  for  the  organization 
and  establishment  of  Common  Schools,  and  the  distribution  of  the  interest 
of  the  School  Fund,  among  the  Common  School  of  this  state,"  beg  leave  to 
present  the  accompanying  report  and  draught  of  a  bill. 

John  Murray,  Jun.,  Chairman 

Robert  Macomb,  Sec'ry. 

Albany,  February  14,  181 2 
The  Commissioners  appointed  by  the  Governor,  pursuant  to  the  Act  passed 
April  gth,  181 1,  to  report  a  system  for  the  organization  and  establish- 
ment of  Common  Schools  and  the  distribution  of  the  interest  of  the 
School  Fund  among  the  Com,mon  Schools  of  this  State,  beg  leave 
respectfully  to  submit  the  following 
Report  — 

Perhaps  there  never  will  be  presented  to  the  legislature  a  subject  of  more 
importance  than  the  establishment  of  common-schools.  Education,  as  the 
means  of  improving  the  moral  and  intellectual  faculties,  is,  under  all  cir- 
cumstances, a  subject  of  the  most  imposing  consideration.  To  rescue  man 
from  that  state  of  degradation  to  w'hich  he  is  doomed,  unless  redeemed  by 
education;  to  unfold  his  physical,  intellectual,  and  moral  powers;  and  to  fit 
him  for  those  high  destinies  which  his  Creator  has  prepared  for  him,  cannot 
fail  to  excite  the  most  ardent  sensibility  of  the  philosopher  and  the  philan- 
thropist.— A  comparison  of  the  savage  that  roams  through  the  forest,  with 
the  enlightened  inhabitant  of  a  civilized  country,  would  be  a  brief,  but  impres- 
sive representation,  of  the  momentous  importance  of  education. 

It  were  an  easy  task  for  the  commissioners  to  show,  that  in  proportion 
as  every  country  has  been  enlightened  by  education,  so  has  been  its  pros- 
perity. Where  the  heads  and  the  hearts  of  men  are  generally  cultivated,  and 
improved,  virtue  and  wisdom  must  reign,  and  vice  and  ignorance  must  cease 
to  prevail.  Virtue  and  wisdom  are  the  parents  of  private  and  public  felicity, 
vice  and  ignorance  of  private  and  public  misery. 

If  education  be  the  cause  of  the  advancement  of  other  nations,  it  must 
be  apparent  to  the  most  superficial  observer  of  our  peculiar  political  con- 
stitutions, that  it  is  essential,  not  to  our  prosperity  only,  but  to  the  very 
existence  of  our  government.  Whatever  may  be  the  effect  of  education  on 
a  despotic,  or  monarchial  government,  it  is  not  absolutely  indispensable  to 
the  existence  of  either.  In  a  despotic  government  the  people  have  no  agency 
whatever,  either  in  the  formation  or  in  the  execution  of  the  laws.  They 
are  the  mere  slaves  of  arbitrary  authority,  holding  their  lives  and  prop- 
erty at  the  pleasure  of  uncontrolled  caprice.  As  the  will  of  the  ruler  is  the 
supreme  law,  fear,  slavish  fear,  on  the  part  of  the  governed,  is  the  principle 
of  despotism.    It  will  be  perceived  readily,  that  ignorance  on  the  part  of  the 

46713 


38  THE   UNIVERSITY    OF   THE   STATE    OF   NEW   YORK 

people  can  present  no  barrier  to  the  administration  of  such  a  government; 
and  much  less  can  it  endanger  its  existence.  In  a  monarchial  government 
the  operation  of  fixed  laws  is  intended  to  supersede  the  necessity  of  intelli- 
gence in  the  people.  But  in  a  government  like  ours  where  the  people  is  the 
sovereign  power;  where  the  will  of  the  people  is  the  law  of  the  land,  which 
will  is  openly  and  directly  expressed;  and  where  every  act  of  the  govern- 
ment, may  justly  be  called  the  act  of  the  people,  it  is  absolutely  essential  that 
that  people  be  enlightened.  They  must  possess  both  intelligence  and  virtue; 
intelligence  to  perceive  what  is  right,  and  virtue  to  do  what  is  right.  Our 
republic,  therefore,  may  justly  be  said  to  be  founded  on  the  intelligence  and 
virtue  of  the  people.  For  this  reason  it  is  with  much  propriety,  that  the 
enlightened  Montesquieu  has  said,  "  in  a  republic  the  whole  force  of  educa- 
tion is  required." 

The  commissioners  think  it  unnecessary  to  represent  in  a  stronger  point 
of  view,  the  importance,  and  absolute  necessity  of  education,  as  connected 
either  with  the  cause  of  religion  and  morality,  or  with  the  prosperity  and 
existence  of  our  political  institutions.  As  the  people  must  receive  the 
advantages  of  education,  the  enquiry  naturally  arises,  how  this  end  is  to  be 
attained.  The  expedient  devised  by  the  legislature,  is  the  establishment  of 
common-schools  which  being  spread  throughout  the  state,  and  aided  by  its 
bounty,  will  bring  improvement  within  the  reach  and  power  of  the  humblest 
citizen.  This  appears  to  be  the  best  plan  that  can  be  devised,  to  disseminate 
religion,  morality  and  learning  throughout  a  whole  country.  All  other 
methods,  heretofore  adopted,  are  partial  in  their  operation,  and  circum- 
scribed in  their  effects.  Academies  and  universities,  understood  in  contra- 
distinction to  common-schools,  cannot  be  considered  as  operating  impartially 
and  indiscriminately,  as  regards  the  country  at  large.  The  advantages  of 
the  first  are  confined  to  the  particular  districts  in  which  they  are  established; 
and  the  second,  from  causes  apparent  to  every  one,  are  devoted  almost 
exclusively  to  the  rich.  In  a  free  government,  where  political  equality  is 
established,  and  where  the  roads  to  preferment  is  open  to  all,  there  is 
a  natural  stimulus  to  education ;  and  accordingly  we  find  it  generally  resorted 
to,  unless  some  great  local  impediments  interfere.  In  populous  cities,  and  the 
parts  of  the  country  thickly  settled,  schools  are  generally  established  by 
individual  exertion.  In  these  cases,  the  means  of  education  are  facilitated, 
as  the  expenses  of  schools  are  divided  among  a  great  many.  It  is  in  the 
remote  and  thinly  populated  parts  of  the  state,  where  the  inhabitants  are  scat- 
tered over  a  large  extent,  that  education  stands  greaitly  in  need  of  encourage- 
ment. The  people  here  living  far  from  each  other,  makes  it  difficult  so  to 
establish  schools,  as  to  render  them  convenient  or  accessible  to  all.  Every 
family,  therefore,  must  either  educate  its  own  children,  or  the  children  must 
forego  the  advantages  of  education. 

These  inconveniences  can  be  remedied  best  by  the  establishment  of  com- 
mon-schools, under  the  direction  and  patronage  of  the  state.  In  these  sdiools 
should  be  taught,  at  least,  those  branches  of  education  which  are  indis- 
pensably necessary  to  every  person  in  his  intercourse  with  the  world,  and  to 
the  performance  of  his  duty  as  a  useful  citizen.  Reading,  writing,  arith- 
metic, and  the  principles  of  morality,  are  essential  to  every  person,  however 
humble  his  situation  in  life.  Without  the  first,  it  is  impossible  to  receive 
those  lessons   of   morality,   which   are   inculcated   in   the   writings   of   the 


FREE   SCHOOLS  39 

learned  and  pious;  nor  is  it  possible  to  become  acquainted  with  our  political 
constitutions  and  laws ;  nor  to  decide  those  great  political  questions,  which 
ultimately  are  referred  to  the  intelligence  of  the  people.  Writing  and  arith- 
metic are  indispensable  in  the  management  of  one's  private  affairs,  and  to 
facilitate  one's  commerce  with  the  world.  Morality  and  religion  are  the 
foundation  of  all  that  is  truly  great  and  good,  and  are  consequently  of 
primary  importance.  A  person  provided  with  these  acquisitions,  is  enabled  to 
pass  through  the  world  respectably  and  successfully.  If,  however,  it  be  his 
intention  to  become  acquainted  with  the  higher  branches  of  science,  the 
academies  and  universities  established  in  different  parts  of  the  state,  are  open 
to  him.  In  this  manner,  education,  in  all  its  stages,  is  offered  to  the  citizens 
generallj'. 

In  devising  a  plan  for  the  organization  and  establishment  of  common- 
schools,  the  commissioners  have  proceeded  with  great  care  and  deliberation. 
To  frame  a  system  which  must  directly  affect  every  citizen  in  the  state, 
and  so  to  regulate  it,  as  that  it  shall  obviate  individual  and  local  discontent, 
and  yet  be  generally  beneficial,  is  a  task,  at  once,  perplexing  and  arduous. 
To  avoid  the  imputation  of  local  partiality,  and  to  devise  a  plan,  operating 
with  equal  mildness  and  advantage,  has  been  the  object  of  the  commissioners. 
To  effect  this  end  they  have  consulted  the  experience  of  others,  and  resorted 
to  every  probable  source  of  intelligence.  From  neighboring  states,  where 
common-school  systems  are  established  by  law,  they  have  derived  much 
important  information.  This  information  is  doubly  valuable,  as  it  is  the 
result  of  long  and  actual  experience.  The  commissioners  by  closely  examin- 
ing the  rise  and  progress  of  those  systems,  have  been  able  to  obviate  many 
imperfections,  otherwise  inseparable  from  the  novelty  of  the  establishment, 
and  to  discover  the  means  by  which  they  have  gradually  risen  to  their  present 
condition. 

The  outlines  of  the  plan,  suggested  by  the  commissioners,  are  briefly  these. 
That  the  several  towns  in  the  state,  be  divided  into  school  districts,  by  three 
commissioners,  elected  by  the  citizens  qualified  to  vote  for  town  officers: 
That  trustees  be  elected  in  each  district,  to  whom  shall  be  confided  the  care 
and  superintendence  of  the  school  to  be  established  therein:  That  the 
interest  of  the  school-fund  be  divided  among  the  different  counties  and 
towns,  according  to  their  respective  population,  as  ascertained  by  the  suc- 
cessive census  of  the  United  States :  That  the  proportion  received  by  the 
respective  towns,  be  subdivided  among  the  districts,  into  which  such  towns 
shall  be  divided,  according  to  the  number  of  children  in  each,  between  the 
ages  of  five  and  fifteen  years  inclusive :  That  each  town  raise,  by  tax, 
annually,  as  much  money  as  it  shall  have  received  from  the  school-fund: 
That  the  gross  amount  of  monies  received  from  the  state  and  raised  by  the 
towns,  be  appropriated,  exclusively,  to  the  paj-ment  of  the  wages  of  the 
teachers :  That  the  whole  system  be  placed  under  the  superintendence  of  an 
officer,  appointed  by  the  Council  of  Appointment.  These  are  the  great  out- 
lines of  the  plan ;  the  details  will  appear  more  fully  by  the  annexed  sketch 
of  a  law,  submitted  to  the  consideration  of  the  legislature. 

This  being  the  plan  devised  by  the  commissioners,  let  us  next  enquire 
what  means  the  legislature  have  assigned  to  carry  it  into  effect.  This  will 
be  explained  by  a  reference  to  the  report  of  the  comptroller  of  the  state, 


40                  THE    UNIVERSITY    OF   THE   STATE    OF    NEW    YORK  • 

made  to  the  legislature,  the  nth  of  February  instant,     By  this  it  appears 
that  the  School-Fund  is  composed  of  the  following  items: 

Bonds  and  mortgages  for  part  of  the  consideration  money  of 

lands   sold  by  the   Surveyor-General $240,370.67 

3000  shares  of  the  capital  stock  of  the  Merchants'  Bank 150,000.00 

300  shares  of  the  capital  stock  of  the  Hudson  Bank 15,000.00 

Mortgages   for  loans 101,924.52 

Bond  of  Horatio  G.  Spafford  and  sureties  for  a  loan 3,000.00 

Bond  of  the  Mechanics'  Bank  in  the  city  of  New- York 10,000.00 

Arrears  of  interest  due  on  the  bonds  and  mortgages  of  the  fund.  35,831.15 
Balance  in  the  Treasury  on  the  31st  December,  181 1,  belonging 

to  this  fund 2,338.37 


Dolls.  558,464.69 


REVENUE 

The  revenue  of  the  School-Fund  for  this  year  is  estimated  at  $45,216.95 
arising  from  the  following  sources. 

Annual  interest  on  bonds  and  mortgages $21,766.95 

Dividends   on   bank   stock 14,850.00 

Probable  collections  from  persons  refusing  to  do  military  duty.  i,6oo.oo 

Proceeds  of  the  Clerk's  Office  of  the  Supreme  Court 7,000.00 


45,216.95 


It  further  appears,  by  the  same  report,  that  of  the  500,000  acres  of  land 
which  are  directed,  by  law,  to  be  sold  for  the  benefit  of  the  school-fund, 
the  Surveyor-General  has  already  sold  198,507  xWo  acres,  leaving  30i,492x\jVtr 
acres  yet  to  be  appropriated  to  that  purpose.  As  soon  as  this  fund  shall  have 
produced  a  revenue  of  $50,000,  that  revenue,  by  the  act  of  April  2d,  1805. 
is  to  be  divided  among  the  different  counties  of  the  state. 

It  will  readily  be  perceived  by  the  legislature  that  if  the  common-Sichool 
establishment,  were  intended  to  be  maintained  by  this  fund  exclusively,  the 
fund  would  fall  far  short  of  being  adequate  to  the  object.  A  brief  statement 
will  make  this  fact  very  apparent. 

Let  tis  suppose  that  the  school-fund  were  arrived  at  that  point,  when  by 
law  it  is  to  be  divided  —  There  will  then  be  50,000  dollars  of  public  money 
to  be  distributed  among  the  schools;  and  as,  by  the  contemplated  plan,  a 
sum  is  to  be  raised,  annually,  by  tax  equal  to  the  interest  of  the  school-fund, 
the  gross  amount  of  monies  which  the  school  -will  receive,  will  be  $100,000. 
There  are  in  this  State,  45  counties,  comprising,  exclusively  of  the  cities,  449 
towns.  It  will  be  very  evident,  therefore,  that  the  proportion  of  each  town 
must  necessarily  be  small.  As,  however,  the  school-districts  are  authorized 
to  raise,  by  tax,  a  sum  sufficient  to  purchase  a  lot,  on  which  the  school-house 
is  to  be  built;  to  build  the  school-house;  and  to  keep  the  same  in  repair;  and 
as  the  school-monies  are  devoted,  exclusively,  to  the  payment  of  the  teacher's 
wages,  the  sum,  however  small,  which  each  district  will  be  entitled  to,  will  be, 
from  these  considerations,  so  much  the  more  efficacious.  It  will  however, 
be  evident  to  the  legislature,  that  the  funds  appropriated,  by  the  state,  for 
the  support  of  the  common-school  system,  will,  alone,  be  very  inadequate: 


FREE   SCHOOLS  4I 

And  the  commissioners  are  of  opinion,  that  the  fund  in  any  stage  of  it, 
even  when  the  residue  of  the  unsold  lands  shall  be  converted  into  money 
bearing  an  interest,  never  will  be  alone  adequate  to  the  maintenance  of  com- 
mon-schools ;  as  the  increase  of  the  population,  will  probably  be,  in  as  great, 
if  not  a  greater  ratio,  than  that  of  the  fund.  But  it  is  hardly  to  be  imagined, 
the  legislature  intended  that  the  state  should  support  the  whole  expence  of 
so  great  an  establishment.  The  object  of  the  legislature,  as  understood  by 
the  commissioners,  was  to  arouse  the  public  attention  to  the  important  sub- 
ject of  education,  and  by  adopting  a  system  of  common-schools,  in  the  expence 
of  which  the  state  would  largely  participate,  to  bring  instruction  within  the 
reach  and  means  of  the  humblest  citizen  — And  the  commissioners  have  kept 
in  view  the  furtherance  of  this  object  of  the  legislature:  for  by  requiring 
each  district  to  raise,  by  tax,  a  sum  sufficient  to  build  and  repair  a  school- 
house;  and  by  allotting  the  school-monies  solely  to  the  payment  of  the 
teacher's  wages,  they  have,  in  a  measure,  supplied  two  of  the  most  important 
sources  of  expence.  Thus  every  inducement  will  be  held  out  to  the  instruction 
of  youth. 

As  to  the  particular  mode  of  instruction  best  calculated  to  communicate 
to  the  young  mind  the  greatest  quantity  of  useful  knowledge,  in  a  given  time, 
and  with  the  least  expence,  the  commissioners  beg  leave  to  observe,  that  there 
are  a  variety  of  new  methods  lately  adopted,  in  various  parts  of  Europe, 
of  imparting  instruction  to  youth,  some  of  which  methods  have  been  partially 
introduced  into  the  United  States.  The  Lancastrian  plan,  as  it  is  called, 
which  has  lately  been  introduced  into  some  of  the  large  towns  of  the  United 
States,  merits  the  serious  consideration  of  the  legislature.  1  As  an  expeditious 
and  cheap  mode  of  instructing  a  large  number  of  scholars,  it  stands  unrivaled. 
And  the  subjoined  certificates  of  the  trustees  of  the  New-York  Free-School, 
together  with  those  of  divers  tutors,  carry  with  them  the  evidence  of  its 
vast  utility  and  success.  The  commissioners,  therefore,  recommended  that 
a  number  of  Lancaster's  books,  containing  an  account  of  his  mode  of  teach- 
ing, &c.  be  printed,  by  order  of  the  legislature,  and  distributed  among  the 
several  towns  in  this  state  with  the  annexed  certificates  of  recommendation. 

The  legislature  will  perceive,  in  the  system  contained  in  the  bill  submitted 
to  their  consideration,  that  the  commissioners  are  deeply  impressed  with 
the  importance  of  admitting,  under  the  contemplated  plan,  such  teachers  only, 
as  are  duly  qualified.  The  respectability  of  every  school  must  necessarily 
depend  on  the  character  of  the  master.  To  entitle  a  teacher  to  assume  the 
control  of  a  school,  he  should  be  endowed  with  the  requisite  literary  qualifi- 
cations not  only,  but  with  unimpeachable  character.  He  should  also  be  a 
man  of  patient  and  mild  temperament.  "  A  preceptor,"  says  Rousseau,  "  is 
invested  with  the  rights  and  takes  upon  himself  "  the  obligations  of  both 
father  and  mother."  And  Quintilian  tells  us  "  that  to  the  requisite  literary 
and  moral  endowments,  he  must  "add  the  benevolent  disposition  of  a  parent." 

To  enable  a  teacher  to  perform  the  trust  reposed  in  him,  the  above  quali- 
fications are  indispensable.  When  we  consider  the  tender  age  at  which 
children  are  sent  to  school;  the  length  of  time  they  pass  under  the  direction 
of  the  teachers;  when  we  consider  that  their  little  minds  are  to  be  diverted 
from  their  natural  propensities,  to  the  artificial  acquisition  of  knowledge ;  that 
they  are  to  he  prepared  for  the  reception  of  great  moral  and  religious  truths; 


42  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

to  be  inspired  with  a  love  of  virtue  and  detestation  of  vice;  w^c  v^ill  forcibly 
perceive  the  absolute  necessity  of  the  above  qualifications  in  the  master.  As 
an  impediment  to  bad  men  getting  into  the  schools,  as  teachers,  it  is  made 
the  duty  of  the  town-inspectors  strictly  to  enquire  into  the  moral  and  literary 
qualifications  of  those  who  may  be  candidates  for  the  place  of  teacher.  And 
it  is  hoped  that  this  precaution  aided  by  that  desire  which  generally  prevails 
of  employing  good  men  only  will  render  it  unnecessary  to  resort  to  any 
other  measure. 

The  commissioners  at  the  same  time  that  they  feel  impressed  with  the  im- 
portance of  employing  teachers  of  the  character  described,  cannot  refrain 
from  expressing  their  solicitude  as  to  the  introduction  of  proper  books  into 
the  contemplated  schools.  This  is  a  subject  so  intimately  connected  with  a 
good  education,  that  it  merits  the  serious  consideration  of  all  who  are  con- 
cerned in  the  establishment  and  management  of  schools.  Much  good  is  to 
be  derived  from  a  judicious  selection  of  hooks,  calculated  to  enlighten  the 
understanding  not  only,  but  to  improve  the  heart.  And  as  it  is  of  incalculable 
consequence  to  guard  the  young  and  tender  mind  from  receiving  falacious 
impressions,  the  commissioners  cannot  omit  mentioning  this  subject  as  a  part 
of  the  weighty  trust  reposed  in  them.  Connected  with  the  introduction  of 
suitable  books,  the  commissioners  take  the  liberty  of  suggesting  that  some 
observations  and  device  touching  the  reading  of  the  Bible  in  the  schools 
might  be  salutary.  In  order  to  render  the  sacred  volume  productive  of  the 
greatest  advantage,  it  should  be  held  in  a  very  different  light  from  that  of 
a  common  school-book.  It  should  be  regarded  as  a  book  intended  for  literary 
improvement  not  merely,  but  as  inculcating  great  and  indispensable  moral 
truths  also.  With  these  impressions,  the  commissioners  are  induced  to  recom- 
mend the  practice  introduced  into  the  New- York  Free-School,  of  having 
select  chapters  read  at  the  opening  of  the  school  in  the  morning,  and  the  like 
at  the  close  in  the  afternoon.  This  is  deemed  the  best  mode  of  preserving 
the  religious  regard  which  is  due  to  the  sacred  writings. 

It  will  naturally  occur  to  the  legislature,  as  the  interest  of  the  school-fund 
is  to  be  divided  every  year  among  the  counties  and  towns  as  soon  as  it 
shall  amount  to  50,000  dollars  annually,  that  this  sum  must  be  forth-coming 
on  a  fixed  day,  annually,  to  meet  the  contingencies  for  which  it  is  appro- 
priated. Without  a  certainty  in  the  payment  of  the  annual  appropriation,  the 
whole  system  will  be  impeded  in  its  operation.  By  a  recurrence  to  the  report 
of  the  Comptroller,  it  will  appear  that  the  greatest  part  of  the  revenue  of 
the  school-fund  arises  from  sources  which  preclude  the  probability  of  cer- 
tainty in  the  receipt.  The  interest  arising  from  monies  loaned  on  mortgage, 
the  net  proceeds  of  the  officers  of  the  clerks  of  the  supreme  court,  &c.  can- 
not be  counted  on  with  any  certainty  as  to  time.  This  inconvenience  must  be, 
in  some  way,  remedied.  And  the  most  advisable  method  that  occurs  to  the 
commissioners  will  be,  by  the  annual  appropriation,  by  the  state,  of  a  sum 
equal  to  the  interest  of  the  school-fund,  the  state  having  recourse  to  the 
debtors  of  the  fund  for  arrears  of  interest  for  its  reimbursement. 

The  commissioners  have  deemed  it  proper  to  recommend  to  the  legislature 
the  appointment  of  an  officer,  whose  duty  it  shall  be  to  superintend,  generally, 
the  interest,  and  watch  the  operations  of  the  common-school  system.  They 
are  induced  to  this  measure  by  the  consideration  that  the  system  is  sufficiently 
important  to  justify  the  measure. 


FREE  SCHOOLS  43 

The  commissioners  cannot  conclude  this  report  without  expressing,  once 
more,  their  deep  sense  of  the  momentous  subject  committed  to  them.  If 
we  regard  it  as  connected  with  the  cause  of  religion  and  morality  merely, 
its  aspect  is  awfully  solemn.  But  the  other  view  of  it,  already  alluded  to, 
is  sufficient  to  excite  the  keenest  solicitude  in  the  legislative  body.  It  is  a 
subject,  let  it  be  repeated,  intimately  connected  with  the  permanent  prosperity 
of  our  political  institutions.  The  American  empire  is  founded  on  the  virtue 
and  intelligence  of  the  people.  But  it  were  irrational  to  conceive  that  any 
form  of  government  can  long  exist  without  virtue  in  the  people.  ^Where  the  -^ 
largest  portion  of  a  nation  is  vicious,  the  government  must  cease  to  exist, - 
as  it  loses  its  functions.  The  laws  cannot  be  executed  where  every  man 
has  a  personal  interest  in  screening  and  protecting  the  profligate  and  aban- 
doned. When  these  are  unrestrained  by  the  wholesome  coercion  of  authority, 
they  give  way  to  every  species  of  excess  and  crime :  One  enormity  brings  on 
another,  until  the  whole  community  becoming  corrupt,  bursts  forth  into  some 
mighty  change,  or  sinks  at  once  into  annihilation.  "  Can  it  be,"  said  Wash- 
ington, "  that  providence  has  not  connected  the  permanent  felicity  of  a 
nation  with  its  virtue?  The  experiment,  at  least,  is  recommended  by  every 
sentiment  which  ennobles  human  nature." 

And  the  commissioners  cannot  but  hope,  that  that  Being,  who  rules  the 
universe  in  justice  and  in  mercy,  who  rewards  virtue  and  punishes  vice, 
will  most  graciously  deign  to  smile  benignly  on  the  humble  efforts  of  a 
people  in  a  cause  purely  his  own;  and  that  he  will  manifest  his  pleasure 
in  the  lasting  prosperity  of  our  country. 

Jedidiah  Peck  "| 

John  Murray,  Jun. 

Sam'l.  Russel  V  Commissioners 

Roger  Skinner  I 

Robert  Macomb  J 

Dated  Albany,  February  14,  1812 

Chapter  CCXLII 

An  act  for  the  establishment  of  common  schools. 

Passed  June  19,  1812 

I  Be  it  enacted  by  the  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  That  there  shall  be  constituted  an  officer  within  this 
state,  known  and  distinguished  as  the  superintendent  of  common  schools, 
which  superintendent  shall  be  appointed  by  the  council  of  appointment,  and 
shall  keep  his  office  at  the  seat  of  government,  and  shall  be  allowed  an 
annual  salary  of  three  hundred  dollars,  but  not  to  be  under  pay  until  he 
shall  give  notice  of  the  first  distribution  of  the  school  money,  pajable  in 
the  same  way  as  is  provided  for  other  officers,  by  the  act,  entitled  "An  act  for 
the  support  of  government." 

II  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the  superintendent 
aforesaid,  to  digest  and  prepare  plans  for  the  improvement  and  management 
of  the  common  school  fund,  and  for  the  better  organization  of  common 
schools;  to  prepare  and  report  estimates  and  expenditures  of  the  school 
monies,  to  superintend  the  collection  thereof,  to  execute  such  services  relative 
to  the  sale  of  the  lands,  which  now  are  or  hereafter  may  be  appropriated. 


44  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

as  a  permanent  fund  for  the  support  of  common  schools,  as  may  be  by  law 
required  of  him;  to  give  information  to  the  legislature  respecting  all  matters 
referred  to  him  by  either  branch  thereof,  or  which  shall  appertain  to  his 
office:  and  generally  to  perform  all  such  services  relative  to  the  welfare  of 
schools,  as  he  shall  be  directed  to  perform,  and  shall,  prior  to  his  entering 
upon  the  duties  of  his  office,  take  an  oath  or  affirmation  for  the  diligent  and 
faithful  execution  of  his  trust. 

III  And  be  it  further  enacted.  That  no  distribution  of  the  interest  of  the 
school  fund  shall  take  place  amongst  the  common  schools  in  this  State, 
until  it  shall  arise  to  fifty  thousand  dollars  a  year;  and  it  shall  not  be  lav/ful 
for  the  superintendent  aforesaid  to  distribute  any  more  than  fifty  thousand 
dollars  a  year  until  he  shall  find  he  will  be  able  to  distribute  sixty  thousand, 
and  the  sum  of  sixty  thousand  until  the  interest  shall  arise  to  seventy  thou- 
sand, and  so  on  as  often  as  the  interest  shall  increase  ten  thousand  dollars, 
it  shall  be  lawful  for  the  superintendent  to  add  to  the  sum  last  distributed 
ten  thousand  dollars  more;  and  in  all  cases  when  he  shall  find  he  will  be 
enabled  to  add  ten  thousand  dollars  to  the  sum  last  distributed,  the  next  year, 
it  shall  be  his  duty  to  send  a  notice  to  the  county  clerk,  and  for  said  county 
clerk  to  notify  the  several  town  clerks  in  his  county  previous  to  such  increase 
of  monies  to  be  distributed  in  the  same  form  and  manner  as  is  provided  in 
the  fifth  section  of  this  act,  to  be  made  previously  to  the  first  distribution. 

IV  And  be  it  further  enacted,  That  the  interest  of  the  school  funds  which 
shall  accumulate  annually  between  the  time  of  the  first  distribution  of  fifty 
thousand  dollars,  and  sixty  thousand  dollars,  and  seventy  thousand  dollars, 
and  so  on  from  time  to  time,  shall  by  the  comptroller,  be  loaned  and  re-loaned 
in  the  same  form  and  manner,  and  on  the  same  security  as  he  is  now  by  law 
directed  to  loan  the  monies  belonging  to  the  common  school  fund  of  this 
State,  and  shall  become  principal  in  said  funds. 

V  And  be  it  further  enacted.  That  the  superintendent  of  common  schools 
shall,  in  the  month  of  January,  which  will  be  thirteen  months  before  the  first 
distribution  of  the  interest  of  the  school  fund,  send  a  notice  in  writing  to 
each  of  the  county  clerks  in  this  state,  informing  them  that  there  will  be  a 
distribution  of  the  interest  of  the  school  fund  in  the  month  of  February, 
which  will  be  thirteen  months  after  the  date  of  said  notice,  stating  the 
amount  that  will  be  assigned  to  each  county.  And  it  shall  be  the  duty  of 
the  said  county  clerks,  to  send  a  like  notice  to  the  clerk  of  the  board  of 
supervisors,  and  to  each  town  clerk  in  his  county,  stating  the  amount  of 
money  to  be  distributed,  and  the  time  when,  which  notice  the  town  clerk 
shall  read  at  the  opening  of  the  next  town  meeting,  to  the  intent  that  the  town 
meeting  may  direct  by  their  vote  the  supervisor,  to  levy  on  said  town,  at 
the  next  meeting  of  the  board  aforesaid,  the  sum  for  the  support  of  common 
schools,  required  by  this  act  to  entitle  said  town  to  its  proportion  of  the 
interest  of  said  fund  to  be  distributed;  and  the  supervisor  of  each  town  so 
complying,  shall,  on  or  before  the  first  Tuesday  of  June  after,  in  each  year, 
deliver  a  notice  in  writing,  of  such  compliance,  to  the  clerk  of  the  board 
of  supervisors  of  the  county,  and  said  clerk  shall,  at  the  opening  of  the 
next  meeting  of  said  board,  report  the  several  notices  so  received  to  the  board 
of  supervisors  aforesaid,  whose  duty  it  shall  be  to  apportion  the  county's 
proportion  of  said  monies  amongst  the  several  towns  that  shall  have  directed 


FREE   SCHOOLS  45 

the  raising  of  such  school  monies,  according  to  the  population  of  each  town 
as  ascertained  by  the  census  of  the  United  States  having  so  complied,  and 
file  a  list  of  the  names  of  such  towns,  with  the  several  sums  allotted  to  each 
of  them,  in  the  office  of  the  county  treasurer,  and  the  said  county  treasurer 
shall  pay  to  the  school  commissioners  of  each  such  town  its  proportion  of 
said  school  money  according  to  said  list.  And  the  board  of  supervisors  shall 
cause  to  be  added  to  the  sum  raised  in  each  of  said  towns,  to  pay  the  con- 
tingent expense  of  the  respective  towns,  a  sum  equal  to  the  sum  which  such 
town  is  to  receive  of  the  school  monies  aforesaid,  with  the  addition  of  five 
cents  on  a  dollar,  of  said  sum  for  collection  fees,  and  direct  the  collector 
in  his  warrant  to  pay  the  same,  when  collected,  into  the  hands  of  the  school 
commissioners  of  the  several  towns,  reserving  his  fees,  and  take  their 
receipts  therefor;  which  receipt  shall  be  his  voucher  of  having  paid  such 
sum,  and  the  treasurer  shall  file  the  same  in  his  office,  without  fee  or  reward: 
Provided  always.  That  the  respective  towns  may,  at  their  town  meetings  direct 
as  much  more  money  to  be  raised  than  is  equal  to  their  respective  proportion 
of  the  school  money  as  they  may  deem  proper  for  the  purposes  aforesaid, 
not  exceeding  double  said  sum. 

VI  And  be  it  further  enacted.  That  the  inhabitants  living  within  the  limits 
of  the  several  towns  within  this  state,  and  within  the  cities  of  Hudson  and 
Schenectady,  who  by  law  have,  or  may  have  a  right  to  vote  in  town  meetings, 
shall,  on  the  days  of  their  annual  town  meetings,  choose,  by  ballot,  three 
of  the  inhabitants  of  their  respective  towns,  commissioners,  to  super intendoit 
and  manage  the  concerns  of  the  schools  within  said  towns  respectively,  and 
to  perform  all  such  services  relative  to  schools  as  they  shall  be  directed  to 
perform ;  that  said  commissioners,  before  they  enter  upon  the  execution  of 
their  office,  shall  respectively  take  an  oath  or  affirmation,  for  the  diligent  and 
faithful  execution  of  their  trust,  which  commissioners  shall  be  allowed  for 
their  services  so  much  as  the  inhabitants  of  said  towns  respectively  shall 
direct,  and  the  same  shall  be  paid  out  of  the  monies  raised  for  town  expenses. 
And  the  inhabitants  of  said  towns  respectively,  shall  choose  a  suitable  ntmi- 
ber  of  persons  within  their  respective  towns,  not  exceeding  six,  who,  together 
with  the  commissioners  aforesaid,  shall  be  inspectors  of  the  schools  of  said 
towns  respectively;  which  inspectors  shall  examine  the  teachers,  and  the 
respective  schools,  and  no  person  shall  be  employed  as  a  teacher  in  any  one 
of  the  schools,  in  any  of  the  districts  of  this  State,  who  shall  not  have  been 
previously  examined  by  the  inspectors  aforesaid,  and  have  received  a  certifi- 
cate, signed  by  at  least  two  of  said  inspectors,  importing  that  he  is  duly 
qualified  to  teach  a  common  school,  and  is  of  good  moral  character.  And  it 
shall  be  the  further  duty  of  the  inspectors  to  examine  into  the  state  of  the 
schools  in  their  respective  towns,  both  as  it  respects  the  proficiency  of  the 
scholars,  and  the  good  order  and  regularity  of  the  schools ;  and  from  time 
to  time  to  give  their  advice  and  directions  to  the  trustees,  as  to  the  govern- 
ment of  the  same. 

VII  And  be  it  further  enacted.  That  the  commissioners  aforesaid  are 
hereby  authorized  and  empowered  to  divide  their  respective  towns  into  a 
suitable  and  convenient  number  of  districts,  for  keeping  their  schools,  and 
to  alter  and  regulate  the  same  from  time  to  time,  as  there  may  be  occasion ; 
and  whenever  it  may  be  necessary  and  convenient  to  form  a  district  out  of 
two  or  more  adjoining  towns,  such  district  may  be  formed  by  the  commis- 


46  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

sioners  from  all  such  towns  parts  of  which  may  be  included  in  such  dis- 
trict, and  may  be  in  like  manner  altered  or  changed  at  their  pleasure;  and 
every  such  district  shall  be  under  the  superintendence  of  the  inspectors  of 
the  town  in  which  such  school-house  shall  be  situated,  and  numbered  accord- 
ingly. And  where  it  shall  be  convenient  for  any  neighborhood  adjoining  to 
any  other  state,  where  such  neighborhood  has  been  in  the  habit  of  sending 
their  children  to  a  school  in  such  adjoining  state,  it  shall  be  lawful  for  said 
commissioners  to  set  off  such  neighborhood  by  themselves,  and  such  neigh- 
borhood shall  be  entitled  to  their  share  of  the  monies  amongst  the  several 
districts  in  the  town  where  said  neighborhood  shall  be  situate,  in  proportion 
to  the  number  of  children  in  such  neighborhood  between  the  ages  of  five  to 
fifteen  years;  and  it  shall  be  lawful  for  such  neighborhood  to  meet  together 
and  appoint  one  trustee,  who  shall  make  a  report  to  said  commissioners  on 
or  before  the  first  day  of  May  in  each  year,  containing  the  number  of 
children  in  such  neighborhood  from  five  years  to  fifteen  inclusive,  and  the 
number  educated  in  said  school  in  the  preceding  year;  and  it  is  hereby  made 
the  duty  of  the  commissioners  aforesaid  to  describe  and  number  each  dis- 
trict within  their  respective  towns,  and  deliver  the  same  in  writing  to  the 
clerk  of  such  town,  who  is  hereby  required  to  record  the  same  in  the  town 
records.  And  whenever  a  district  shall  be  altered,  pursuant  to  this  act,  it 
shall  be  the  duty  of  the  said  commissioners  to  make  a  new  description  cor- 
responding with  such  alteration,  and  the  same  shall  be  recorded  in  manner 
aforesaid. 

VIII  And  be  it  further  enacted.  That  whenever  any  town  in  this  state 
shall  be  divided  into  school  districts,  according  to  the  directions  of  this  act, 
it  shall  be  the  duty  of  one  of  the  school-commissioners  of  said  town,  within 
twenty  days  after,  to  make  a  notice  in  writing,  describing  said  district,  and 
appointing  a  time  and  place  for  the  first  district  meeting,  and  deliver  said 
writing  to  some  one  of  the  freeholders  or  inhabitants,  liable  to  pay  taxes, 
residing  in  said  district,  whose  duty  it  shall  be  to  notify  each  freeholder  or 
inhabitant  residing  in  said  district,  qualified  as  aforesaid,  by  reading  such 
notice  in  the  hearing  of  each  such  freeholder  or  inhabitant,  or  leaving  a 
copy  thereof  at  the  place  of  his  abode,  at  least  six  days  before  the  time  of 
such  meeting;  and  if  any  such  freeholder  or  inhabitant  shall  neglect  or 
refuse  to  give  such  notice,  he  shall  pay  a  fine  of  fi,ve  dollars,  to  be  recovered  in 
the  same  manner,  and  for  the  same  purpose,  as  is  provided  in  the  ninth  sec- 
tion of  this  act.  Such  district  meeting  shall  have  power,  when  so  convened, 
by  the  major  vote  of  the  persons  so  met,  to  adjourn  from  time  to  time  as 
occasion  may  require,  and  to  fix  on  a  time  and  place  to  hold  their  future 
annual  meetings,  which  annual  meeting  they  are  hereby  authorized  and 
required  to  hold,  and  to  alter  and  change  the  time  and  place  of  holding  such 
annual  meeting  as  they  or  a  majority  of  them,  at  any  legal  meeting,  may 
think  proper.  And  at  such  first  meeting,  or  any  future  meeting,  the  said 
freeholders  and  inhabitants,  or  a  majority  of  them  so  met,  are  hereby 
authorized  and  empowered  to  appoint  a  moderator  for  the  time  being,  to 
designate  a  site  for  their  school-house,  to  vote  a  tax  on  the  resident 
inhabitants  of  such  district  as  a  majority  present  shall  deem  sufficient  to 
purchase  a  suitable  site  for  their  school-house,  and  build,  keep  in  repair, 
and  furnish  it  with  necessary  fuel  and  appendages;  also  to  choose  three 


FREE   SCHOOLS  47 

trustees  to  manage  the  concerns  of  such  district,  whose  duty  it  shall  be  to 
build  and  keep  in  repair  their  school-house,  and  from  time  to  time,  as 
occasion  may  require,  to  agree  with  and  employ  instructors,  and  to  pay  them ; 
also  to  choose  one  district  clerk  to  keep  the  records  and  doings  of  said 
meeting,  whose  doings  shall  be  good  in  law,  who  shall  be  qualified  by  oath 
or  affirmation,  as  the  several  town  clerks  are;  likewise  one  collector,  who 
shall  have  the  same  power  and  authority,  and  have  the  same  fees  for  collect- 
ing, and  be  subject  to  the  same  rules,  regulations  and  duties,  as  respects  the 
business  of  the  district,  which  by  law  appertaineth  to  the  collectors  of  towns 
in  this  state;  and  the  said  trustees,  clerks,  and  collectors  shall  not  be  com- 
pelled to  serve  more  than  one  year  at  any  one  time;  and  it  shall  be  the 
further  duty  of  the  trustees  of  each  district  as  soon  as  may  be  after  the 
district  meeting  have  voted  a  tax,  to  make  a  rate  bill  or  tax  list,  which  shall 
raise  the  sum  voted,  with  five  cents  on  a  dollar  for  collector's  fees,  on  all 
the  taxable  inhabitants  of  said  district,  agreeable  to  the  levy  on  which  the 
town  tax  was  levied  the  preceding  year,  and  annex  to  said  tax  list  or  rate 
bill  a  warrant,  which  warrant  shall  be  substantially  as  foUoweth: 

County  of   ss.     To    collector   of  the 

district,  in  the  town  of   in  the  county  aforesaid, 

greeting:  In  the  name  of  the  people  of  the  state  of  New- York,  you  are 
hereby  required  and  commanded  to  collect  from  each  of  the  inhabitants  of 
said  district,  the  several  sums  of  money  written  opposite  to  the  name  of 

each  of  said  inhabitants,  in  the  annexed  tax  list,  and  within days  after 

receiving  this  warrant,  to  pay  the  amount  of  the  monies  by  you  collected 
into  the  hands  of  the  trustees  of  said  district,  or  some  one  of  them,  and  take 
their  or  his  receipt  therefor.  And  if  any  one  or  more  of  said  inhabitants 
shall  neglect  or  refuse  to  pay  the  sum,  you  are  hereby  further  commanded 
to  levy  on  the  goods  and  chattels  of  each  delinquent,  and  make  sale  thereof 

according  to  law.    Given  under  our  hands  and  seals  this  day  of 

i8i 

[i-s.] 

[l.  s.J      Trustees 

[L.S.] 

IX  And  be  it  further  enacted,  That  the  trustees  of  each  district,  or  a 
majority  of  them,  whenever  they  shall  deem  it  expedient,  may  call  a  special 
meeting  of  the  inhabitants  of  said  district,  to  transact  any  business  which 
may  come  regularly  before  them :  Provided  always,  That  such  trustees  shall 
give  five  days  notice,  in  writing,  to  the  inhabitants  of  said  district  respec- 
tively. 

X  And  be  it  further  enacted.  That  every  person  and  persons,  being  duly 
chosen  and  appointed  as  aforesaid,  to  serve  in  any  of  the  offices  aforesaid, 
who  shall  refuse  to  serve  therein,  and  to  take  the  oath,  (if  any  by  law  be 
required)  to  said  office  respectively  belonging,  if  he  be  able  to  execute  tho 
said  duties,  shall  pay  the  sum  of  five  dollars,  with  costs,  to  be  recovered  by 
an  action  of  debt  brought  by  the  school  commissioners  of  the  town  or  any 
individual,  on  this  statute,  before  a  justice  of  the  peace  in  the  county  where 
the  defendant  shall  dwell,  in  the  ordinary  mode  of  proceeding  before  magis- 
trates; which  money,  when  collected,  after  deducting  the  costs,  shall  be  sub- 
ject to  the  order  of  the  commissioners  of  the  town  where  the  defendant  was 


48  THE  UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 

SO  chosen  and  appointed  to  office  as  aforesaid,  for  the  use  of  the  common 
schools  in  said  town;  and  every  such  officer,  duly  chosen  and  appointed  as 
aforesaid,  having  accepted  (or  not  declared  his  refusal  to  accept)  the  office 
he  is  appointed  to,  and  who  shall  neglect  the  performance  of  the  trust  com- 
mitted to  him,  shall  pay  the  sum  of  ten  dollars,  and  the  same  shall  be  recov- 
ered in  manner  aforesaid,  with  costs  of  prosecution,  and  when  collected,  shall 
be  disposed  of  in  manner  aforesaid. 

XI  And  be  it  further  enacted,  That  if  any  person  who  is  not  duly  qualified, 
according  to  thi  sact,  to  vote  in  any  town-meeting,  shall  vote  for  the  choice 
of  officers,  granting  of  taxes,  or  any  other  matters  contemplated  in  this  act, 
such  persons  so  offending,  and  being  thereof  convicted  before  any  court 
having  competent  jurisdiction,  shall  be  fined  in  a  sum  not  exceeding  five 
dollars,  and  not  less  than  three  dollars,  at  the  discretion  of  the  court,  and 
shall  pay  all  costs  and  charges  of  prosecution;  and  the  fine,  when  collected, 
shall  be  disposed  of  in  the  manner  directed  in  the  preceding  section. 

XII  And  be  it  further  enacted.  That  the  several  persons  appointed  within 
any  town  to  any  office  instituted  by  this  act,  may  hold  their  offices  until 
the  annual  meeting  next  following  such  appointment,  and  until  others  shall 
be  appointed  in  their  places ;  and  whenever  it  shall  happen  that  the  said 
offices,  or  any  of  them,  shall  be  vacated,  either  from  neglect  of  appointment, 
refusal  to  serve,  death,  or  removal  from  the  district  or  town,  or  incapacity 
of  such  as  may  be  thus  appointed,  such  vacancy  or  vacancies  may  be  sup- 
plied in  the  way  and  manner  prescribed  in  the  sixth  section  of  the  act, 
entitled  "  an  act  relative  to  the  diuties  and  privileges  of  towns,"  in  similar 
cases,  which  officers,  thus  appointed,  shall  be  regarded  the  same  in  all 
respects  as  if  appointed  by  the  inhabitants  of  such  district  or  town. 

XIII  And  be  it  further  enacted.  That  from  and  after  the  passing  of  this 
act,  the  interest  of  the  common  school  fund,  arising  under  the  several  acts 
of  this  state,  as  from  time  to  time  shall  become  due,  shall  be  paid  to  the 
treasurer  of  this  state,  which,  together  with  all  such  monies  as  are  by  law 
pledged  and  appropriated  for  the  encouragement  and  support  of  common 
schools,  shall  be  distributed  and  applied  pursuant  to  this  act,  and  not  other- 
wise: and  to  the  end  that  the  said  monies  may  be  inviolably  applied  in  con- 
formity to  this  act,  and  may  never  be  diverted  to  any  other  purpose,  an 
account  shall  be  kept  by  the  treasurer  of  the  receipts  and  dispositions  thereof, 
separate  and  distinct  from  other  accounts. 

XIV  And  be  it  further  enacted.  That  the  several  towns  in  this  state  which 
shall  conform  to  the  provisiotis  of  this  act,  shall  be  entitled  to  such  monies, 
to  be  distributed  to  them  severally,  according  to  the  number  of  inhabitants 
in  each  town,  to  be  ascertained  by  the  respective  census  under  the  constitu- 
tion of  the  United  States,  subject  nevertheless  to  a  distribution  thereof,  by 
said  town,  to  the  several  school  districts  therein,  pursuant  to  this  act. 

XV  And  be  it  further  enacted.  That  the  several  school  districts  within 
the  several  towns  in  this  state  which  shall  conform  to  the  provisions  of  this 
act,  shall  be  entitled  to  the  monies  deposited  with  the  commissioners  as 
aforesaid,  to  be  distributed  to  said  districts  severally,  according  to  the  num- 
ber of  children  within  each  district,  between  the  ages  of  five  and  fifteen  inclu- 
sive, as  shall  appear  from  the  returns  of  the  trustees  aforesaid,  made  pur- 
suant to  this  act ;  and  it  is  hereby  made  the  duty  of  said  commissioners,  annu- 


FREE   SCHOOLS  49 

ally,  on  or  before  the  first  day  of  May,  to  apportion  the  monies  aforesaid  to 
the  several  school  districts,  in  manner  aforesaid;  but  in  each  district,  com- 
posed of  more  than  one  town,  each  of  the  several  parts  shall  draw  its  pro- 
portion, according  to  its  number  of  children  as  aforesaid,  from  the  town  in 
which  such  part  shall  be  situate;  for  which  purpose,  it  shall  be  the  duty  of 
the  trustees  of  such  district,  not  only  to  make  a  general  report  as  is  herein- 
after directed,  but  a  report  of  the  number  of  children  in  each  part,  to  their 
several  town  commissioners  respectively,  and  to  pay  over  to  each  of  said 
districts  its  share  thereof,  on  the  order  of  one  or  more  of  the  trustees  of 
such  district,  taking  a  receipt  therefor;  which  monies  shall  be  applied  and 
expended  by  said  trustees  in  paying  the  wages  of  the  teachers  to  be 
employed,  and  for  no  other  purpose;  and  further,  that  the  accounts  of  the 
said  commissioners  shall  annually  be  audited  and  settled  by  the  board 
appointed  by  law  to  settle  accounts  of  overseers  of  the  poor  in  the  respective 
towns :  Provided,  That  after  the  first  year,  no  order  shall  be  accepted,  nor 
shall  the  commissioners  aforesaid  deliver  the  monies,  directed  to  be  deliv- 
ered as  aforesaid,  until  two  of  the  trustees  of  such  district  shall  have  certi- 
fied in  writing,  under  their  hands  in  the  words  following,  viz :  We,  the 
trustees  of  the  school  district  within  the  town  of  do 

certify,  that  the  school  in  said  district  hath  been  kept  for  three  months  at 
least,  during  the  year  ending  on  the  first  day  of  May  last,  by  an  instructor 
duly  appointed  and  approved  in  all  respects,  according  to  law,  and  that  all 
the  monies  by  us  drawn  from  the  commissioners  for  said  year,  appropriated 
for  schools,  have  been  faithfully  applied  and  expended  in  paying  the  wages 
of  said  instructor. —  Dated 

Trustees. 

Provided  always,  That  nothing  shall  be  so  construed  as  to  prevent  any 
persons  attending  said  schools,  whom  the  trustees  aforesaid  may  deem 
proper  to  admit:  Provided  further.  That  whenever  the  aggregate  expense 
of  paying  the  instructors  in  schools,  in  any  of  the  towns  in  this  State,  shall 
in  any  year  equal  or  exceed  the  fund  deposited  with  the  commissioners  as 
aforesaid,  although  any  one  or  more  of  the  districts  in  such  town  shall  not 
have  kept  a  school  within  the  year,  or  not  long  enough  to  expend  its  pro- 
portion of  such  monies  which  otherwise  would  have  belonged  to  such  district, 
the  monies  thus  unexpended  and  remaining  with  the  commissioners  afore- 
said, shall  be  paid  to  and  applied  in  the  districts  which  have  complied  with 
the  law,  and  which  shall  have  expended,  in  paying  instructors,  a  sum  exceed- 
ing their  proportion,  regard  being  had,  as  far  as  may  be,  to  their  respective 
rights;  but  if  such  aggregate  expense  shall  not  equal  the  funds  for  any 
given  year,  then  the  monies  shall  remain  with  the  commissioners  aforesaid,  to 
be  added  to  and  distributed  with  the  monies  next  to  be  appropriated  under 
this  act. 

XVI  And  he  it  further  enacted.  That  if  the  trustees  appointed  under  this 
act  shall  make  a  false  certificate,  by  means  whereof  the  school  monies  afore- 
said shall  be  fraudulently  obtained  from  the  commissioners,  each  person 
signing  such  false  certificate  shall  forfeit  the  sum  of  twenty  dollars  to  the 
commissioners  of  such  town  to  which  such  trustees  shall  belong,  to  be  re- 
covered by  action  of  debt  on  this  statute,  in  the  name  of  the  said  commis- 
sioners, who  are  hereby  required  to  prosecute  therefor  accordingly;  and  the 


50  THE  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

sum  when  recovered,  shall  be  applied  for  the  benefit  of  the  common  schools 
in  said  town. 

XVII  And  be  it  further  enacted.  That  the  trustees  of  the  several  school 
districts  shall,  annually,  on  the  first  day  of  May,  make  and  transmit  to  the 
commissioners  of  the  town  wherein  their  respective  districts  are  situated, 
a  report,  specifying  the  length  of  time  a  school  hath  been  kept  in  said  district; 
the  amount  of  monies  received;  the  manner  the  same  hath  been  expended; 
and,  as  nearly  as  may  be,  the  number  of  scholars  taught  therein,  and  the 
number  of  children,  from  five  years  old  to  fifteen  inclusive,  except  Indian 
children  otherwise  provided  for  by  law ;  whereupon  the  commissioners  of  the 
several  towns  aforesaid  shall,  on  or  before  the  first  day  of  July,  annually, 
make  a  town  report  to  the  clerk  of  the  county  wherein  such  town  shall  be 
situate,  which  report  shall  embrace  the  same  objects  as  are  contained  in  the 
report  of  the  trustees  as  aforesaid;  and  the  clerks  of  the  several  counties  in 
this  state  shall,  on  or  before  the  first  day  of  November,  annually,  make  a 
county  report,  in  manner  aforesaid,  comprising  the  several  reports  received  by 
them  as  aforesaid,  and  transmit  the  same  to  the  superintendent  of  common 
schools;  whereupon  the  said  superintendent  shall  annually,  on  or  before  the 
first  Tuesday  in  February,  make  a  report  to  the  legislature,  embracing  all  the 
objects  contemplated  in  this  act:  Provided  always,  That  the  several  duties 
enjoined  on  the  several  county  treasurers  and  county  clerks,  shall  be  done 
without  fee  or  reward;  and  if  any  of  the  said  treasurers  or  clerks  shall 
refuse  to  do  any  of  said  duties,  he  or  they  shall  forfeit  and  pay  the  same 
fine  which  is  imposed,  as  aforesaid,  on  the  town  commissioners  and  trustees 
of  districts ;  which  fine  shall  be  recovered  in  the  same  way,  and  applied 
to  the  same  purpose,  as  the  fines  imposed  on  said  commissioners  and  trustees. 

XVIII  And  be  it  further  enacted,  That  out  of  the  school  money  apportioned 
by  the  superintendent,  from  time  to  time,  to  the  county  of  Albany,  the  city  of 
Albany  shall  have  its  proportion,  with  the  towns  in  the  county,  according 
to  the  population  thereof,  and  shall  be  paid  by  the  county  treasurer  into 
the  hands  of  the  trustees  of  the  Lancaster  school,  in  said  city,  who  shall 
give  their  receipt  therefor,  to  be  applied  to  the  education  of  such  poor  chil- 
dren, belonging  to  said  city,  which  may  be,  in  the  opinion  of  the  said 
trustees,  entitled  to  gratuitous  education :  Provided,  That  the  said  trustees 
shall  receive  into  said  school,  all  the  children  of  every  poor  person  residing 
in  said  city,  and  in  no  wise  turn  away  any  child  that  shall  be,  for  that  pur- 
pose, presented  to  them,  from  time  to  time;  and  that  said  trustees  shall 
account  to  the  county  treasurer  of  said  county  for  the  faithful  application 
of  said  money,  according  to  the  true  intent  and  meaning  of  this  act;  and 
shall  make  a  true  report  of  the  state  of  the  school,  with  the  number  of 
scholars  educated  in  said  school,  in  the  year  last  passed,  to  the  county  clerk, 
on  the  first  day  of  July  in  each  year,  to  be  incorporated  into  the  county 
report  to  be  made  to  the  superintendent  of  common  schools. 

XIX  And  be  it  further  enacted.  That  the  clerk  of  each  town  and  of  the 
cities  of  Hudson  and  Schenectady,  shall,  at  any  time  after  the  passing  of 
this  act,  on  application  of  any  six  freeholders  of  such  city  or  town,  warn  a 
town-meeting,  giving  at  least  eight  days  notice  of  such  meeting  in  the  manner 
now  provided  by  law,  for  the  purpose  of  electing  commissioners  of  schools. 

XX  And  be  it  further  enacted.  That  in  all  cases  in  which  any  new  town 


FREE   SCHOOLS  5I 

or  towns  may  have  been  erected,  or  shall  hereafter  be  erected,  from  a  part  of 
any  other  town  or  towns  since  the  census  aforesaid,  it  shall  be  the  duty  of 
the  supervisors  of  such  towns,  to  meet  on  the  day  of  the  month,  and  at  the 
place  directed  by  law  for  erecting  such  town,  or  at  such  other  time  and 
place  as  they  may  agree  upon,  and  shall  then  and  there  apportion  the  money 
to  be  divided  between  the  said  towns,  in  the  same  proportion  as  the  poor  of 
the  town,  and  the  money  belonging  to  them,  shall  be  divided 


52  THE   UNIVERSITY    OF   THE   STATE    OF    NEW   YORK 

Chapter  4 

THE  PERIOD  1826-46 

All  social  and  educational  progress  passes  through  three  stages. 
First,  the  need  becomes  a  conscious  conviction  in  the  minds  of  a 
few  leaders  who  endeavor,  through  constant  agitation,  to  enlighten 
the  general  public.  Second,  the  demand  for  legal  sanction  arises 
from  a  few  communities  that  begin  to  see  the  advantages  their 
people  might  gain  by  adopting  such  principles.  Then  third,  the 
injustice  and  inequalities  developed  by  this  method  of  legal  sanction 
becomes  apparent  to  all  and  the  demand  for  legal  compulsion 
results.  This  was  true  in  the  evolution  of  free  schools.  The 
leaders  of  the  State  from  an  early  date  began  to  appreciate  that 
"  education  in  all  its  branches  but  particularly  in  that  which  includes 
the  common  schools  is  the  highest  object  of  public  concern." 
Although  in  this  earlier  period  a  statewide  free  school  system  was 
not  advocated,  one  can  not  help  but  appreciate  that  in  these  mes- 
sages of  the  governors  we  begin  to  hear  the  "  voice  in  the  wilder- 
ness." The  following  are  extracts  from  the  messages  of  the  several 
Governors  from  1826  to  1842  on  the  "  State  and  education." 

De  Witt  Clinton,  1826 

The  first  duty  of  government,  and  the  surest  evidence  of  good  government, 
is  the  encouragement  of  education.  A  general  diffusion  of  knowledge  is  the 
precursor  and  protector  of  republican  institutions;  and  in  it  we  must  confide 
as  the  conservative  power  that  will  watch  over  our  liberties,  and  guard  them 
against  fraud,  intrigue,  corruption,  and  violence.  In  early  infancy,  education 
may  be  usefully  administered.     .    .    . 

An  important  change  has  taken  place  in  the  free  schools  of  New  York. 
By  an  arrangement  between  the  corporation  of  that  city  and  the  trustees  of 
the  free  school  society  those  establishments  are  to  be  converted  into  public 
schools,  to  admit  the  children  of  the  rich  as  well  as  of  the  poor,  and  by  this 
annihilation  of  factitious  distinctions,  there  will  be  strong  incentive  for  the 
display  of  talents,  and  a  felicitous  accommodation  to'  the  genius  of  repub- 
lican government    .    .    . 

To  break  down  the  barriers  which  poverty  has  erected  against  the  acquisi- 
tion and  dispensation  of  knowledge,  is  to  restore  the  just  equilibrium  of 
society,  and  to  perform  a  duty  of  indispensable  and  paramount  obligation. 
And  under  this  impression,  I  also  recommend  that  provision  be  made  for  the 
gratuitous  education  in  our  superior  semenaries  of  indigent,  talented  and 
meritorious  youth. 

I  consider  the  system  of  our  common  schools  as  the  palladium  of  oui 
freedom ;  for  no  reasonable  apprehension  can  be  entertained  of  its  subversion, 
as  long  as  the  great  body  of  the  people  are  enlightened  by  education.  To 
increase  the  funds,  to  extend  the  benefits,  and  to  remedy  the  defects  of  this 
excellent  system,  is  worthy  of  your  most  deliberate  attention. 


u  ^ 


^ 


o  « 

U    o 


C   o 


FREE  SCHOOLS  '  53 

De  Witt  Clinton,  1828 

Permit  me  to  solicit  your  attention  to  the  two  extremes  of  education,  the 
highest  and  lowest,  and  this  I  do  in  order  to  promote  the  cultivation  of  those 
whom  nature  has  gifted  with  genius,  but  to  whom  fortune  has  denied  the 
means  of  education.  Let  it  be  our  ambition,  (and  no  ambition  can  be  more 
laudable)  to  dispense  to  the  obscure,  the  poor,  the  humble,  the  friendless, 
and  the  depressed,  the  .power  of  rising  to  usefulness  and  acquiring  distinction. 

With  this  view,  provision  might  be  made  for  the  gratuitous  education  in 
our  colleges,  of  youth  eminent  for  the  talents  they  have  displayed,  and  the 
virtues  they  have  cultivated  in  the  subordinate  seminaries.  This  would  call 
into  activity  all  the  faculties  of  genius  —  all  the  efforts  of  industry  —  all  the 
incentives  to  ambition,  and  all  the  motives  to  enterprise,  and  place  the  merits 
of  transcendent  intellect  on  a  level  at  least  with  the  factitious  claims  of 
fortune  and  ancestry. 

William  L.  Marcy,  18 j 4 

Republics  should  be  ever  mindful  of  this  important  truth,  that  to  be  free, 
man  must  be  educated.  Without  a  knowlecfee  of  his  rights,  he  will  never 
properly  estimate  nor  long  maintain  them.  Our  enjoyments  as  individuals 
—  our  usefulness  as  members  of  society  —  our  privileges  as  citizens  of  a  free 
government,  are  all  founded  on  education.  These  obvious  propositions  show 
at  once  the  vast  importance  of  our  system  of  public  instruction,  and  the 
necessity  of  so  improving  it  as  to  give  to  its  operations  the  utmost  extension 
and  the  greatest  efficacy.  While  we  are  reposing  our  hopes  for  the  continu- 
ance of  civil  liberty  upon  the  general  intelligence  of  the  people,  it  becomes  otir 
duty  to  see  that  this  foimdation  is  laid  broad  and  deep.    .    .    . 

I  fear  there  is  too  much  reason  to  regret  that  more  zeal  is  not  felt,  and 
greater  efforts  made,  to  improve  the  condition  of  our  primary  schools  through- 
out the  State;  yet  there  are  places  where  their  importance  is  duly  appreciated, 
and  vigorous  exertions  have  been  made  for  their  advancement.  Justice  re- 
quires that  the  example  of  the  city  of  New  York  should  not  be  passed  with- 
out notice  and  commendation.  This  city  imposes  annually  a  general  tax, 
which  now  produces  about  ninety  thousand  dollars,  for  the  support  of  its  pub- 
lic free  schools.  They  are  under  the  management  of  a  board  instituted  by 
the  common  council,  called  the  Public  School  Society.  This  board  are  careful 
to  select  competent  teachers,  and  to  cause  the  schools  under  their  charge  to  be 
often  visited,  and  the  course  of  instruction  in  them  to  be  properly  directed 
and  vigilantly  supervised  by  intelligent  committees. 

William  L.  Marcy,  1835 

Upon  the  whole  I  think  we  have  reason  to  be  satisfied  with  the  present  con- 
dition of  our  higher  schools  and  seminaries.  In  regard  to  the  common 
schools,  considering  their  great  importance  in  a  political  and  moral  point  of 
view,  the  efforts  of  the  Legislature  should  not  be  intermitted  until  the  system 
shall  be  so  improved  as  to  secure  to  the  children  of  all  classes  and  conditions 
of  our  population  such  an  education  as  will  qualify  them  to  fulfil,  in  a  proper 
manner,  the  duties  appertaining  to  whatever  may  be  their  respective  pursuits 
and  conditions  of  life. 


54  THE  UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 

William  L.  Marcy,  1836 

In  a  government  like  ours,  which  emanates  from  the  people,  where  the 
entire  administration  in  all  its  various  branches  is  conducted  for  their  benefit 
and  subject  to  their  constant  supervision  and  control,  and  where  the  safety 
and  the  perpetuity  of  all  its  political  institutions  depend  upon  their  virtue 
and  intelligence,  no  other  subject  can  be  equal  in  importance  to  that  of  public 
instruction,  and  none  should  so  earnestly  engage  the  attention  of  the  Legis- 
lature. Ignorance,  with  all  the  moral  evils  of  which  it  is  the  prolific  source, 
brings  with  it  also  numerous  political  evils,  dangerous  to  the  welfare  of  the 
State.  It  should  be  the  anxious  care  of  the  Legislature  to  eradicate  these 
evils  by  removing  the  causes  of  them.  This  can  be  done  effectually  only  by 
diffusing  instruction  generally  among  the  people.  Although  much  remains 
here  to  be  done  in  this  respect,  the  past  efforts  of  legislation  upon  the  sub- 
ject merit  high  commendation.  Much  has  been  already  accomplished  for 
the  cause  of  popular  education.  A  large  fund  has  been  dedicated  to  this 
object,  and  our  common  school  system  is  established  on  right  principles. 
But  this  is  one  of  those  subjects  for  which  all  cannot  be  done  that  is  required, 
without  a  powerful  cooperation  on  the  part  of  the  people  in  their  individual 
capacity.  The  providing  of  funds  for  education,  is  an  indispensable  means 
for  attaining  the  end ;  but  it  is  not  education.  The  wisest  system  that  can  be 
devised  cannot  be  executed  without  human  agency.  The  difficulty  in  the 
case  arises,  I  fear,  from  the  fact  that  the  benefits  of  general  education 
can  only  be  fully  appreciated  by  those  who  are  educated  themselves.  Those 
parents  who  are  so  unfortunate  as  not  to  be  properly  educated,  and  those 
whose  condition  requires  them  to  employ  their  time  and  their  efforts  to 
gain  the  means  of  subsistence,  do  not,  in  many  instances,  sufficiently 
value  the  importance  of  education.  Yet  it  is  for  their  children,  in  com- 
mon with  all  others,  that  the  common  school  system  is  designed;  and 
until  its  blessings  are  made  to  reach  them,  it  will  not  be  what  it  ought 
to  be.  If  parents  generally  were  sensible  of  the  inestimable  advantages 
they  were  procuring  for  their  children  by  educating  them,  I  am  sure  the 
efforts  and  contributions  which  are  required  to  give  full  efficiency  to  our 
present  system,  would  not  be  withheld.  If  I  have  rightly  apprehended  the 
indications  of  public  opinion  on  this  subject,  a  more  auspicious  season  is 
approaching.  ' 

At  this  time,  a  much  larger  number  of  individuals  than  heretofore,  are 
exerting  their  energies  and  contributing  their  means  to  impress  the  pub- 
lic mind  with  the  importance  of  making  our  system  of  popular  instruc- 
tion effective  in  diffusing  its  benefits  to  all  the  children  in  the  State.  I 
anticipate  much  good  from  the  prevalence  of  the  sentiment  that  the  efforts 
of  individuals  must  cooperate  with  the  public  authorities  to  ensure  success 
to  any  system  of  general  education. 

William  L.  Marcy,  18^7 

Education  in  all  its  branches,  but  particularly  in  that  which  includes 
the  common  schools,  is  the  highest  object  of  public  concern;  and  the  duty 
of  promoting  and  extending  it,  is  in  all  respects,  the  most  important 
that  can  engage  your  attention.  The  subject  assumes  at  this  time  a  new 
interest,  because  more  ample  means  than  the  State  has  hitherto  possessed  are 


FREE  SCHOOLS  55 

placed  within  your  control,  and  may  be  devoted  to  extend  the  blessings  of 
popular  education.    .    ,     . 

I  should  not  do  justice  to  the  patriotism  and  public  spirit  of  the  times, 
if  I  should  pass  unnoticed  and  uncommendsd,  the  individual  efforts  now 
exerted,  in  a  higher  degree  and  in  a  more  efficient  manner  than  here- 
tofore, for  the  promotion  of  popular  instruction.  Convinced  that  the  secur- 
ity of  property  and  tho  preservation  of  civil  rights  —  that  domestic  happi- 
ness and  public  prosperity  are  sustained  and  promoted  by  diffusing  educa- 
tion through  all  ranks  of  the  people,  men  of  literature  are  devoting  their 
talents,  and  men  of  wealth  are  freely  contributing  their  means  to  give 
success  to  the  cause  of  public  instruction;  and  assisted,  as  I  doubt  not 
they  will  be,  by  the  powerful  cooperation  of  the  Legislature,  its  rapid 
advancement  may  be  confidently  anticipated. 

William  L.  Marcy,  18^8 

All  classes  of  our  constituents  will  look  with  much  anxiety  and  high 
hopes  to  your  proceedings  on  the  subject  of  education.  As  the  friends  of 
civil  liberty,  and  the  possessors  of  the  legislative  power  of  a  free  people, 
we  are  commanded  by  the  dictates  of  reason,  and  the  voice  of  duty,  to 
provide  liberally  and  efficiently  for  popular  instruction.  An  ignorant  people 
would  not  long  retain,  if  by  chance  they  should  acquire,  civil  liberty,  and 
would  never  rightly  appreciate  its  benefits.  To  the  intelligence  of  those 
who  have  preceded  us,  are  we  mainly  indebted  for  our  free  institutions, 
and  all  the  blessings  that  attend  them;  and  it  is  only  upon  the  intelligence 
of  those  who  must  be  the  future  guardians  of  these  institutions,  that  we 
can  confidently  rest  our  hopes  of  having  them  perpetuated  and  improved. 
Popular  education  is,  therefore,  identified  with  civil  liberty.  We  owe  to 
both  the  devotion  of  our  best  faculties,  and  the  wisest  application  of  the 
means  placed  at  our  disposal  for  sustaining  and  promoting  them.     .    .     . 

Elementary  instruction  is  only  the  first  stage  in  the  progress  of  education, 
and  but  little  is  accomplished  if  there  be  no  advance  beyond  it.  To  make 
ample  provision  for  conducting  all  the  childijen  in  the  State  through  this 
stage,  should  undoubtedly  continue  to  be,  as  it  hitherto  has  been,  the 
first  and  main  object  of  the  Legislature;  yet  all  that  public  sentiment 
demands  and  the  public  good  requires,  will  not  be  achieved  until  needful 
facilities  are  furnished  to  a  career  of  self-instruction. 

William  H.  Seward,  1840 

Although  our  system  of  public  education  is  well  endowed,  and  has  been 
eminently  successful,  there  is  yet  occasion  for  the  benevolent  and  enlight- 
ened action  of  the  legislature.  The  advantages  of  education  ought  to  be 
secured  to  many,  especially  in  our  large  cities,  whom  orphanage,  the  deprav- 
ity of  parents,  or  some  form  of  accident  or  misfortune  seems  to  have 
doomed  to  hopeless  poverty  and  ignorance.  Their  intellects  are  as  sus- 
ceptible of  expansion,  of  improvement,  of  refinement,  of  elevation,  and 
of  direction,  as  those  minds  which  through  the  favor  of  Providence  are 
permitted  to  develop  themselves  under  the  influence  of  better  fortunes; 
they  inherit  the  common  lot  to  struggle  against  temptations,  necessities,  and 
vices;  they  are  to  assimie  the  same  domestic,  social  and  political  relations; 
and  they  are  born  to  the  same  ultiraat?  destiny. 


56  THE  UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

The  children  of  foreigners,  found  in  great  numbers  in  our  populous  cities 
and  towns,  and  in  the  vicinity  of  our  public  works  are  too  often  deprived 
of  the  advantages  of  our  system  of  public  education,  in  consequence  of  pre- 
judices arising  from  difference  of  language  or  religion.  It  ought  never 
to  be  forgotten  that  the  public  welfare  is  as  deeply  concerned  in  their 
education  as  in  that  of  our  own  children.  I  do  not  hesitate,  therefore, 
to  recommend  the  establishment  of  schools  in  which  they  may  be  instructed 
by  teachers  speaking  the  same  language  with  themselves  and  professing  the 
same  faith.  There  would  be  no  inequality  in  such  a  measure,  since  it 
happens  from  the  force  of  circumstances,  if  not  from  choice,  that  the 
responsibilities  of  education  are  in  most  instances  confided  by  us  to  native 
citizens,  and  occasions  seldom  offer  for  a  trial  of  our  magnanimity  by  com- 
mitting that  trust  to  persons  differing  from  ourselves  in  the  language  or 
religion.  Since  we  have  openod  our  country  and  all  its  fullness  to  the 
oppressed  of  every  nation,  we  should  evince  wisdom  equal  to  such  generos- 
ity by  qualifying  their  children  for  the  high  responsibilities  of  citizenship. 

William  H.  Seward,  1842 

It  was  among  my  earliest  duties  to  bring  to  the  notice  of  the  Legisla- 
ture the  neglected  condition  of  many  thousand  children,  including  a  very 
large  proportion  of  those  of  immigrant  parentage  in  our  great  commercial 
city;  a  misfortune  then  supposed  to  result  from  groundless  prejudices  and 
omissions  of  parental  duty.  Especially  desirous  at  the  same  time  not  to 
disturb  in  any  manner  the  public  schools  which  seemed  to  be  efficiently 
conducted,  although  so  many  for  whom  they  were  established  were  unwilling 
to  receive  their  instructions,  I  suggested,  as  I  thought,  in  a  spirit  not  inhar- 
monious with  our  civil  and  religious  institutions,  that  if  necessary,  it  might 
be  expedient  to  bring  those  so  excluded  from  such  privileges  into  schools 
rendered  especially  attractive  by  the  sympathies  of  those  to  whom  the  task 
of  instruction  should  be  confided.  It  has  since  been  discovered  that  the 
magnitude  of  the  evil  was  not  fully  known,  and  that  its  causes  were  very 
imperfectly  understood.  It  will  be  shown  you  in  the  proper  report,  that 
twenty  thousand  children  in  the  city  of  New  York,  of  suitable  age,  are 
not  at  all  instructed  in  any  of  the  public  schools,  while  the  whole  number 
in  all  the  residue  of  the  State,  not  taught  in  common  schools,  does  not 
exQced  nine  thousand.  What  had  been  regarded  as  individual,  occasional 
and  accidental  prejudices,  have  proved  to  be  opinions  pervading  a  large 
mass,  including  at  least  one  religious  communion  equally  with  all  others 
entitled  to  civil  tolerance  —  opinions  cherished  through  a  period  of  sixteen 
years,  and  ripened  into  a  permanent  conscientious  distrust  of  the  impar- 
tiality of  the  education  given  in  the  public  schools.  This  distrust  has  been 
rendered  still  deeper,  and  more  alienating,  by  a  subversion  of  precious 
civil  rights  of  those  whose  consciences  are  thus  offended. 

Happily  in  this,  as  in  other  instances,  the  evil  is  discovered  to  have  had 
its  origin  no  deeper  than  in  a  departure  from  the  equality  of  general  laws. 
In  our  general  system  of  common  schools,  trustees  chosen  by  taxpaying 
citizens,  levy  taxes,  build  school  houses,  employ  and  pay  teachers,  and 
govern  schools  which  are  subject  to  visitation  by  similarly  elected  inspect- 
ors, who  certify  the  qualifications  of  teachers;  and  all  schools  thus  con- 
stituted  participate   in   just    proportion    in   the   public    moneys,    which    are 


WILLIAM  H.  SEWARD 
Governor  of  New  York,  1839-43 


FREE   SCHOOLS  57 

conveyed  to  them  by  commissioners  also  elected  by  the  people.  Such 
schools  are  found  distributed  in  average  spaces  of  two  and  a  half  square  miles 
throughout  the  inhabited  portions  of  the  State,  and  yet  neither  popular 
discontent,  nor  political  strife,  nor  sectarian  discord,  has  ever  disturbed 
their  peaceful  instructions  or  impaired  their  eminent  usefulness.  In  the 
public  school  system  of  the  city,  one  hundred  persons  are  trustees  and 
inspectors,  and  by  continued  consent  of  the  common  council,  are  the  dis- 
pensers of  an  annual  average  sum  of  $3S,ooo,  received  from  the  Common 
School  Fund  of  the  State,  and  a  sum  equal  to  $95,000.  derived  from  an 
undiscriminating  tax  upon  tho  real  and  personal  estates  of  the  city.  They 
build  school  houses  chiefly  with  public  funds,  they  appoint  and  remove 
teachers,  fix  their  compensation,  and  prescribe  the  moral,  intellectual  and 
religious  instruction  which  one-eighth  of  the  rising  generation  of  the  State 
shall  be  required  to  receive.  Their  powers,  more  effective  and  far  reach- 
ing than  are  exercised  by  the  municipality  of  the  city,  are  not  derived 
from  the  community  whose  children  are  educated  and  whose  property 
is  taxed,  nor  even  from  the  State,  which  is  so  great  an  almoner,  and 
whose  welfare  is  so  (^?eply  concerned,  but  from  an  incorporated  and 
perpetual  association  which  grants  upon  pecuniary  subscription  the  privileges 
even  of  life  membership  and  yet  holds  in  fee  simple  the  public  school 
edifices,  valued  at  eight  hundred  thousand  dollars.  Lest  there  might  be  too 
much  responsibility,  even  to  the  association,  that  body  can  elect  only  one 
half  of  the  trustees,  and  those  thus  selected  appoint  their  fifty  associates. 

The  philanthropy  and  patriotism  of  the  present  managers  of  the  public 
schools,  and  their  efficiency  in  imparting  instruction,  are  cheerfully  and 
gratefully  admitted.  Nor  is  it  necessary  to  maintain  that  agents  thus 
selected  will  become  unfaithful,  or  that  a  system  that  so  jealously  excludes 
popular  interference,  must  necessarily  be  unequal  in  its  operation.  It  is 
only  insisted  that  the  institution,  after  a  fair  and  sufficient  trial,  has  failed 
to  gain  that  broad  confidence  reposed  in  the  general  system  of  the  State, 
and  indispensable  to  every  scheme  of  universal  education.  No  plan  for 
that  purpose  can  be  defended,  except  on  the  ground  that  public  instruc- 
tion is  one  of  the  responsibilities  of  the  government.  It  is,  therefore,  a 
manifest  legislative  duty  to  correct  errors  and  defects  in  whatever  system 
is  established.  In  the  present  case,  the  failure  amounts  virtually  to  an 
exclusion  of  all  the  children  thus  withheld,  I  cannot  overcome  my  regret, 
that  every  suggestion  of  amendment  encounters  so  much  opposition  from 
those  who  defend  the  Public  School  System  of  the  metropolis,  as  to  show 
that  in  their  judgment  it  can  admit  of  no  modification,  either  from  ten- 
derness to  the  consciences  or  regard  to  the  civil  rights  of  those  aggrieved, 
or  even  for  the  reclamation  of  those  for  whose  culture  the  State  has  so 
munificently  provided;  as  if  society  must  conform  itself  to  the  public 
schools,  instead  of  the  public  schools  adapting  themselves  to  the  exigen- 
cies of  society.  The  late  eminent  Superintendent,  after  exposing  the  great* 
ness  of  this  public  misfortune,  and  tracing  it  to  the  discrepancy  between 
the  local  and  general  systems,  suggested  a  remedy,  which,  although  it  is 
not  urged  to  the  exclusion  of  any  other,  seems  to  deserve  dispassionate 
consideration.  I  submit,  therefore,  with  entire  willingness  to  approve  what- 
ever adequate  remedy  you  may  propose,  the  expediency  of  restoring  to  the 
people  of  the  city  of  New  York  —  what  I  am  sure  the  people  of  no  other 


58  THE   UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 

part  of  the  State  would,  upon  any  consideration,  relinquish  —  the  educa- 
tion of  their  children.  For  this  purpose  it  is  only  necessary  to  vest  the 
control  of  the  common  schools  in  a  board  to  be  composed  of  commis- 
sioners elected  by  the  people;  which  board  shall  apportion  the  school 
moneys  among  all  the  schools,  including  those  now  existing,  which  shall 
be  organized  and  conducted  in  conformity  to  its  general  regulations  and 
the  laws  of  the  State,  in  the  proportion  of  the  number  of  pupils  instructed. 
It  is  not  left  doubtful  that  the  restoration  to  the  common  schools  of  the 
city,  of  this  simple  and  equal  feature  of  the  common  schools  of  the  State, 
would  remove  every  complaint,  and  bring  into  the  seminaries  the  off- 
spring of  want  and  misfortune,  presented  by  a  grand  jury,  on  a  recent 
occasion,  as  neglected  children  of  both  sexes,  who  are  found  in  hordes 
upon  the  wharves  and  in  corners  of  the  streets,  surrounded  by  evil  asso- 
ciations, disturbing  the  public  peace,  committing  petty  depredations  and 
going  from  bad  to  worse,  until  their  course  terminates  in  high  crimes  and 
infamy. 

This  proposition,  to  gather  the  young  from  the  streets  and  wharves  into 
the  nurseries  which  the  State,  solicitous  for  her  security  against  ignorance, 
has  prepared  for  them,  has  sometimes  been  treated  as  a  device  to  appro- 
priate the  school  fund  to  the  endowment  of  seminaries  for  teaching 
languages  and  faiths,  thus  to  perpetuate  the  prejudices  it  seeks  to  remove; 
sometimes  as  a  scheme  for  dividing  that  precious  fund  among  an  hundred 
jarring  sects,  and  thus  increasing  the  religious  animosities  it  strives  to 
heal;  sometimes  as  a  plan  to  subvert  the  prevailing  religion  and  introduce 
one  repugnant  to  the  consciences  of  our  fellow  citizens ;  while  in  truth, 
it  simply  proposes,  by  enlightening  equally  the  minds  of  all,  to  enable 
them  to  dfetect  error  wherever  it  may  exist,  and  to  reduce  uncongenial 
masses  into  one  intelligent,  virtuous,  harmonious  and  happy  people.  Being 
now  relieved  from  all  such  misconceptions,  it  presents  the  questions  whether 
it  is  wiser  and  more  humane  to  educate  the  offspring  of  the  poor,  than  to 
leave  them  grow  up  in  ignorance  and  vice;  whether  juvenile  vice  is  more 
easily  eradicated  by  the  court  of  sessions  than  by  common  schools ;  whether 
parents  have  a  right  to  be  heard  concerning  the  instruction  and  instructors 
of  their  children,  and  taxpayers  in  relation  to  the  expenditure  of  public 
funds;  whether  in  a  republican  government,  it  is  necessary  to  interpose  an 
independent  corporation  between  the  people  and  the  schoolmaster,  and 
whether  it  is  wise  and  just  to  disfranchise  and  entire  community  of  all 
control  over  public  education,  rather  than  suffer  a  part  to  be  represented 
in  proportion  to  its  members  and  contributions.  Since  such  considera- 
tions are  now  involved,  what  has  hitherto  been  discussed  as  a  question  of 
benevolence  and  of  universal  education,  has  become  one  of  equal  civil  rights, 
religious  tolerance,  and  liberty  of  conscience.  We  could  bear  with  us, 
in  our  retirement  from  public  service  no  recollection  more  worthy  of  being 
cherished  through  life,  than  that  of  having  met  such  a  question  in  the 
generous  and  confiding  spirit  of  our  institutions,  and  decided  it  upon  the 
immutable  principles  on  which  they  are  based. 

The  establishment  of  free  schools  was  not  only  contested  in  New 
York  State  but  was  opposed  in  practically  all  the  older  state§.    An 


FREE    SCHOOLS  59 

interesting  sidelight  in  behalf  of  free  schools  is  the  able  address  by 
Thaddeus  Stevens,  delivered  before  the  Pennsylvania  Legislature 
in  April  1835,  and  extracts  from  the  history  of  the  educational 
movements  in  Rhode  Island  and  in  Massachusetts  indicating  the 
difficulties  that  these  states  encountered  in  the  free  school  move- 
ment. 

A  Plea  for  Public  Schools  by  Thaddeus  Stevens 

Mr  Speaker:  I  will  briefly  give  you  the  reasons  why  I  shall  oppose  the 
repeal  of  the  school  law. 

This  law  was  passed  at  the  last  session  of  the  legislature  with  unexampled 
unanimity,  but  one  member  of  this  house  voting  against  it.  It  has  not  yet 
come  into  operation,  and  none  of  its  effects  have  been  tested  by  experience  in 
Pennsylvania.  The  passage  of  such  a  law  is  enjoined  by  the  constitution; 
and  has  been  recommended  by  every  governor  since  its  adoption.  Much  to 
his  credit,  it  has  been  warmly  urged  by  the  present  executive  in  his  annual 
messages  delivered  at  the  opening  of  the  legislature.  To  repeal  it  now,  before 
its  practical  effects  have  been  discovered,  would  argue  that  it  contained  some 
glaring  and  pernicious  defect,  and  that  the  last  legislature  acted  under  some 
strong  and  fatal  delusion,  which  blinded  every  man  of  them  to  the  interests 
of  the  Commonwealth.  I  will  attempt  to  show  that  the  law  is  salutary,  use- 
ful and  important,  and  that  consequently  the  last  legislature  acted  wisely  in 
passing  and  the  present  would  act  unwisely  in  repealing  it;  that,  instead  of 
being  oppressive  to  the  people,  it  will  lighten  their  burdens,  while  it  elevates 
them  in  the  scale  of  human  intellect. 

It  would  seem  to  be  humiliating  to  be  under  the  necessity,  in  the  nine- 
teenth century,  of  entering  into  a  formal  argument,  to  prove  the  utility,  and, 
to  free  governments,  the  absolute  necessity  of  education.  More  than  two 
thousand  years  ago  the  Deity,  who  presided  over  intellectual  endowments, 
ranked  highest  for  dignity,  chastity,  and  virtue  among  the  goddesses  wor- 
shipped by  cultivated  pagans.  And  I  will  not  insult  this  house  or  our 
constitutents  by  supposing  any  course  of  reasoning  necessary  to  convince 
them  of  its  high  importance.  Such  necessity  would  be  degrading  to  a 
Christian  age,  a  free  republic. 

If  then,  education  be  of  admitted  importance  to  the  people,  under  all  forms 
of  government,  and  of  unquestioned  necessity,  when  they  govern  themselves, 
it  follows,  of  course,  that  its  cultivation  and  diffusion  is  a  matter  of  public 
concern,  and  a  duty  which  every  government  owes  to  its  people.  In  accord- 
ance with  this  principle,  the  ancient  Republics,  who  were  most  renowned  for 
their  wisdom  and  success,  considered  every  child  born  subject  to  their  control, 
as  the  property  of  the  State,  so  far  as  its  education  was  concerned;  and 
during  the  proper  period  of  instruction  they  were  withdrawn  from  the  control 
of  their  parents  and  placed  under  the  guardianship  of  the  Commonwealth. 
There,  all  were  instructed  at  the  same  school ;  all  were  placed  on  perfect 
equality,  the  rich  and  the  poor  man's  sons;  for  all  were  deemed  children  of 
the  same  common  parent  of  the  Commonwealth.  Indeed,  where  all  have 
the  means  of  knowledge  placed  within  their  reach,  and  meet  at  common 
schools  on  equal  terms,  the  forms  of  government  seem  of  less  importance 
to  the  happiness  of  the  people  than  is  generally  supposed;  or  rather,  such 


60  THE   UNIVERSITY    OF   THE   STATE    OF    NEW   YORK 

a  people  are  seldom  in  danger  of  having  their  rights  invaded  by  their  rulers. 
They  would  not  long  be  invaded  with  impunity.  Prussia,  whose  form  of 
government  is  absolute  monarchy,  extends  the  blessing  of  free  school  into 
every  corner  of  the  kingdom — 'to  the  lowest  and  poorest  of  the  people. 
With  a  population  equal  to  our  whole  Union,  she  has  not  more  than  20,000 
children  who  do  not  enjoy  its  advantages.  And  the  consequence  is,  that 
Prussia,  although  governed  by  an  absolute  monarch,  enjoys  more  happiness, 
and  the  rights  of  the  people  are  better  respected  than  in  any  other  govern- 
ment in  Europe. 

If  an  elective  Republic  is  to  endure  for  any  great  length  of  time,  every 
elector  must  have  sufficient  information,  not  only  to  accumulate  wealth  and 
take  care  of  his  pecuniary  concerns,  but  to  direct  wisely  the  legislature,  the 
ambassadors,  and  the  Executive  of  the  nation  —  for  some  part  of  all  these 
things,  some  agency  in  approving  or  disapproving  of  them,  falls  to  every 
freeman.  If,  then,  the  permanency  of  our  Government  depends  upon  such 
knowledge,  it  is  the  duty  of  government  to  see  that  the  means  of  information 
be  diffused  to  every  citizen.  This  is  a  sufficient  answer  to  those  who  deem 
education  a  private  and  not  a  public  duty  —  who  argue  that  they  are  willing 
to  educate  their  own  children,  but  not  their  neighbor's  children. 

But  while  but  few  are  found  ignorant  and  shameless  enough  to  deny  the 
.  advantages  of  general  education,  many  are  alarmed  at  its  supposed  burden- 
some operation.  A  little  judicious  reflection,  or  a  single  year's  experience, 
would  show  that  education,  under  the  free-school  system,  will  cost  more  than 
one-half  less,  and  afford  better  and  more  permanent  instruction  than  the 
present  disgraceful  plan  pursued  by  Pennsylvania.  Take  a  township  6  miles 
square  and  make  the  estimate ;  such  townships,  on  an  average,  will  contain 
about  200  children  to  be  schooled.  The  present  rate  of  tuition  generally  (in 
the  country)  is  $2  per  quarter.  If  the  children  attend  school  two  quarters 
each  year,  such  township  would  pay  $800  per  annum.  Take  the  free-school 
system  —  lay  the  township  off  into  districts  3  miles  square ;  the  farthest 
scholars  would  then  have  1^2  miles  to  go,  which  would  not  be  too  far.  It 
would  require  four  schools.  These  will  be  taught,  I  presume,  as  in  other 
States,  three  months  in  the  winter  by  male  and  three  months  in  the  summer 
by  female  teachers ;  good  male  teachers  can  be  had  at  from  $16  to  $18  per 
month  and  board  themselves ;  females  at  $9  per  month.  Take  the  highest 
price,  $18,  for  three  months  would  be  $54,  and  then  for  females  at  $9  for 
three  months,  $27,  each  school  would  cost  $81 ;  or  four  to  a  township,  $324. 
The  price  now  paid  for  the  same  is  $800;  saving  for  each  township  of  6  miles 
square,  $476  per  annum. 

If  the  instruction  of  200  scholars  will  save  by  the  free-school  law  $476,  the 
500,000  children  in  Pennsylvania  will  save  $i,igo,ooo!  Very  few  men  are 
aware  of  the  immense  amount  of  money  which  the  present  expensive  and 
partial  mode  of  education  costs  the  people.  Pennsylvania  has  half  a  million 
of  children,  who  either  do,  or  ought  to  go  to  school  six  months  in  the 
year.  If  they  do  go,  at  $2  per  quarter,  their  schooling  costs  $2,000,000  per 
annum!  If  they  do  not  go  when  they  are  able,  their  parents  deserve  to  be 
held  in  disgrace.  Where  they  are  unable,  if  the  State  does  not  furnish  the 
means,  she  is  criminally  negligent.  But  by  the  free-school  law,  that  same 
amount  of  education  which  would  now  cost  $2,000,000,  could  be  supplied  at 
less  than  one-third  of  this  amount.    The  amendment  which  is  now  proposed 


FREE    SCHOOLS  6l 

as  a  substitute  for  the  school  law  of  last  session,  is,  in  my  opinion,  of  a  most 
hateful  and  degrading  character.  It  is  a  reenactment  of  the  pauper  law  of 
1809.  It  proposes  that  the  assessors  shall  take  a  census,  and  make  a  record 
of  the  poor.  This  shall  be  revised,  and  a  new  record  made  by  the  county 
commissioners,  so  that  the  names  of  those  who  have  the  misfortune  to  be 
poor  men's  children  shall  be  forever  preserved,  as  a  distinct  class,  in  the 
archives  of  the  country!  The  teacher,  too,  is  to  keep  in  his  school  a  pauper 
book,  and  register  the  names  and  attendance  of  poor  scholars;  thus  pointing 
out  and  recording  their  poverty  in  the  midst  of  their  companions.  Sir, 
hereditary  distinctions  of  rank  are  sufficiently  odious;  but  that  which  is 
founded  on  poverty  is  infinitely  more  so.  Such  a  law  should  be  entitled 
"An  act  for  branding  and  marking  the  poor,  so  that  they  may  be  known 
from  the  rich  and  proud."  Many  complain  of  this  tax,  not  so  much  on 
account  of  its  amount,  as  because  it  is  for  the  benefit  of  others  and  not 
themselves.  This  is  a  mistake;  it  is  for  their  own  benefit,  inasmuch  as  it 
perpetuates  the  Government  and  insures  the  due  administration  of  the  laws 
under  which  they  live,  and  by  which  their  lives  and  property  are  protected. 
Why  do  they  not  urge  the  same  objection  against  all  other  taxes?  The 
industrious,  thrifty,  rich  farmer  pays  a  heavy  county  tax  to  support  criminal 
courts,  build  jails,  and  pay  sheriffs  and  jail  keepers,  and  yet  probably  he  never 
has,  and  never  will  have,  any  personal  use  of  either.  He  never  gets  the 
worth  of  his  money  by  being  tried  for  a  crime  before  the  court,  by  being 
allowed  the  privilege  of  the  jail  on  conviction,  or  receiving  an  equivalent 
from  the  sheriff  or  his  hangman  officers!  He  cheerfully  pays  the  tax  which 
is  necessary  to  support  and  punish  convicts,  but  loudly  complains  of  that 
which  goes  to  prevent  his  fellow^being  from  becoming  a  criminal,  and  to 
obviate  the  necessity  of  those  humiliating  institutions. 

This  law  is  often  objected  to,  because  its  benefits  are  shared  by  the  children 
of  the  profligate  spendthrift  equally  with  those  of  the  most  industrious  and 
economical  habits.  It  ought  to  be  remembered  that  the  benefit  is  bestowed, 
not  upon  the  erring  parents,  but  the  innocent  children.  Carry  out  this  objec- 
tion and  you  punish  children  for  the  crimes  or  misfortunes  of  their  parents. 
You  virtually  establish  castes  and  grades  founded  on  no  merit  of  the  particu- 
lar generation,  but  on  the  demerits  of  their  ancestors;  an  aristocracy  of  the 
most  odious  and  insolent  kind  —  the  aristocracy  of  wealth  and  pride. 

It  is  said  that  its  advantages  will  be  unjustly  and  unequally  enjoyed,  because 
the  industrious,  money-making  man  keeps  his  whole  family  constantly  em- 
ployed, and  has  but  little  time  for  them  to  spend  at  school ;  while  the  idle  man 
has  but  little  employment  for  his  family,  and  they  will  constantly  attend 
school.  I  know,  sir,  that  there  are  some  men,  whose  whole  souls  are  so  com- 
pletely absorbed  in  the  accumulation  of  wealth,  and  whose  avarice  so  increases 
with  success,  that  they  look  upon  their  very  children  in  no  other  light  than  as 
instruments  of  gain  —  that  they,  as  well  as  the  ox  and  the  ass  within  their 
gates,  are  valuable  only  in  proportion  to  their  annual  earnings.  And,  accord- 
ing to  the  present  system,  the  children  of  such  men  are  reduced  almost  to  an 
intellectual  level  with  their  colaborers  of  the  brute  creation.  This  law  will  be 
of  vast  advantage  to  the  offspring  of  such  misers.  If  they  are  compelled  to  pay 
their  taxes  to  support  schools,  their  very  meanness  will  induce  them  to  send 
their  children  to  them  to  get  the  worth  of  their  money.  Thus  it  will  extract 
good  out  of  the  very  penuriousness  of  the  miser.     Surely  a  system  which 


62  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

will  work  such  wonders,  ought  to  be  as  greedily  sought  for,  and  more  highly 
prized,  than  that  coveted  alchemy  which  was  to  produce  gold  and  silver  out 
of  the  blood  and  entrails  of  vipers,  lizards,  and  other  filthy  vermin. 

Why,  sir,  are  the  colleges  and  literary  institutions  of  Pennsylvania  now, 
and  ever  have  been,  in  a  lanquishing  and  sickly  condition?  Why,  with  a  fer- 
tile soil  and  genial  climate,  has  she,  in  proportion  to  her  population,  scarcely 
one-third  as  many  collegiate  students  as  cold,  barren  New  England?  The 
answer  is  obvious;  she  has  no  free  schools.  Until  she  shall  have  you  may 
in  vain  endow  college  after  college;  they  will  never  be  filled,  or  filled  only  by 
students  from  other  States.  In  New  England  free  schools  plant  the  seeds 
and  the  desire  of  knowledge  in  every  mind,  without  regard  to  the  wealth  of 
the  parent  or  the  texture  of  the  pupil's  garments.  When  the  seed,  thus  uni- 
versally sown,  happens  to  fall  on  fertile  soil,  it  springs  up  and  is  fostered  by 
a  generous  public  until  it  produces  its  glorious  fruit.  Those  who  have  but 
scanty  means  and  are  pursuing  a  collegiate  education,  find  it  necessary  to 
spend  a  portion  of  the  year  in  teaching  common  schools;  thus  imparting  the 
knowledge  which  they  acquire,  they  raise  the  dignity  of  the  employment  to  a 
rank  which  it  should  always  hold,  honorable  in  proportion  to  the  high  quali- 
fications necessary  for  its  discharge.  Thus  devoting  a  portion  of  their  time 
to  acquiring  the  means  of  subsistence,  industrious  habits  are  forced  upon 
them  and  their  minds  and  bodies  become  disciplined  to  a  regularity  and  energy 
which  is  seldom  the  lot  of  the  rich.  It  is  no  uncommon  occurrence  to  see  the 
poor  man's  son,  thus  encouraged  by  wise  legislation  far  outstrip  and  bear  oflE 
the  laurels  from  the  less  industrious  heirs  of  wealth.  Some  of  the  ablest 
men  of  the  present  and  past  days  never  could  have  been  educated,  except  for 
that  benevolent  system.  Not  to  mention  any  of  the  living,  it  is  well  known 
that  that  architect  of  an  immortal  name,  who  plucked  "the  lightning  from 
heaven  and  the  sceptre  from  tyrants,"  was  the  child  of  free  schools.  Why 
shall  Pennsylvania  now  repudiate  a  system  which  is  calculated  to  elevate  her 
to  that  rank  in  the  intellectual,  which,  by  the  blessing  of  Providence,  she  holds 
in  the  natural  world?  To  be  the  keystone  of  the  arch,  the  "  very  first  among 
her  equals?  "  I  am  aware,  sir,  how  difficult  it  is  for  the  great  mass  of  people, 
who  have  never  seen  this  system  in  operation,  to  understand  its  advantages. 
But  is  it  not  wise  to  let  it  go  into  full  operation  and  learn  its  results  from 
experience?  Then,  if  it  prove  useless  or  burdensome,  how  easy  to  repeal  it. 
I  know  how  large  a  portion  of  the  community  can  scarcely  feel  any  sympathy 
with,  or  understand  the  necessity  of  the  poor;  or  appreciate  the  exquisite 
feelings  which  they  enjoy  when  they  see  their  children  receiving  the  boon  of 
education,  and  rising  in  intellectual  superiority  above  the  clogs  which  heredi- 
tary poverty  had  cast  upon  them.  It  is  not  wonderful  that  he  whose  fat  acres 
have  descended  to  him,  from  father  to  son  in  unbroken  succession,  should 
never  have  sought  for  the  surest  means  of  alleviating  it.  Sir,  when  I  reflect 
how  apt  hereditary  wealth,  hereditary  influence,  and  perhaps  as  a  consequence, 
hereditary  pride  are  to  close  the  avenues  and  steel  the  heart  against  the  wants 
and  the  rights  of  the  poor,  I  am  induced  to  thank  my  Creator  for  having  from 
early  life  bestowed  upon  me  the  blessings  of  poverty.  Sir,  it  is  a  blessing, 
for  if  there  be  any  human  sensation  more  ethereal  and  divine  than  all  others, 
it  is  that  which  feelingly  sympathizes  with  misfortune. 

But  we  are  told  that  this  law  is  unpopular ;  that  the  people  desire  its  repeal. 
Has   it   not  always  been   so   with  every  new   reform  in  the   condition  of 


FREE   SCHOOLS  63 

man?  Old  habits  and  old  prejudices  are  hard  to  be  removed  from  the  mind. 
Every  new  improvement  which  has  been  gradually  leading  man  from  the 
savage,  through  the  civilized,  up  to  a  highly  cultivated  state,  has  required  the 
most  strenuous,  and  often  perilous  exertions  of  the  wise  and  good.  But,  sir, 
much  of  its  unpopularity  is  chargeable  upon  the  vile  arts  of  unprincipled 
demagogues.  Instead  of  attempting  to  restore  the  honest  misapprehensions 
of  the  people,  they  cater  to  their  prejudices,  and  take  advantage  of  them  to 
gain  low,  dirty,  temporary,  local  triumphs.  I  do  not  charge  this  on  any  par- 
ticular party.  Unfortunately  almost  the  only  spot  on  which  all  parties  meet 
in  union  is  this  ground  of  common  infamy.  I  have  seen  the  present  chief 
magistrate  of  this  Commonwealth  violently  assailed  as  the  projector  and 
father  of  this  law.  I  am  not  the  eulogist  of  that  gentleman ;  he  has  been 
guilty  of  many  deep  political  sins;  but  he  deserves  the  undying  gratitude  of 
the  people  for  the  steady,  untiring  zeal  which  he  has  manifested  in  favor  of 
common  schools.  I  will  not  say  that  his  exertions  in  that  cause  have  covered 
all,  but  they  have  atoned  for  many  of  his  errors.  I  trust  that  the  people  of 
this  State  will  never  be  called  on  to  choose  between  a  supporter  and  an 
cppo.ser  of  free  schools.  But  if  it  should  come  to  that ;  if  that  shou'd  be 
made  the  turning  point  on  which  we  are  to  cast  our  suffrages;  if  the  oppo- 
nent of  education  were  my  most  intimate  personal  and  political  friend,  and 
the  free-school  candidate  my  most  obnoxious  enemy,  I  should  deem  it  my  duty 
as  a  patriot,  at  this  moment  of  our  intellectual  crisis,  to  forget  all  other  con- 
siderations, and  I  should  place  myself  unhesitatingly  and  cordially  in  the 
ranks  of  Him  whose  banner  streams  in  light.  I  would  not  foster  nor  flatter 
ignorance  to  gain  political  victories  which,  however,  they  might  profit  indi- 
viduals, must  prove  disastrous  to  our  country.  Let  it  not  be  supposed  from 
these  remarks  that  because  I  deem  this  a  paramount  object  that  I  think  less 
highly  than  heretofore  of  those  great  important  cardinal  principles  which 
for  years  past  have  controlled  my  political  action.  They  are,  and  ever  shall 
be,  deeply  cherished  in  my  inmost  heart.  But  I  must  be  allowed  to  exercise 
my  own  judgment  as  to  the  best  means  of  effecting  that  and  every  other  object 
which  I  think  beneficial  to  the  community.  And,  according  to  that  judgment, 
the  light  of  general  information  will  as  surely  counteract  the  pernicious 
influence  of  secret,  oath-bound,  murderous  institutions  as  the  sun  in  heaven 
dispels  the  darkness  and  damp  vapors  of  the  night. 

It  is  said  that  some  gentlemen  here  owe  their  election  to  their  hostility  to 
general  education  —  that  it  was  placed  distinctly  on  that  ground,  and  that 
others  lost  their  election  by  being  in  favor  of  it;  and  that  they  consented  to 
supersede  the  regularly  nominated  candidates  of  their  own  party,  who  had 
voted  for  this  law.  May  be  so.  I  believe  that  two  highly  respectable  mem- 
bers of  the  last  legislature,  from  Union  county,  who  voted  for  the  school  law, 
did  fail  of  reelection  on  that  ground  only.  They  were  summoned  before  a 
county  meeting,  and  requested  to  pledge  themselves  to  vote  for  its  repeal  as 
the  price  of  their  reelection.  But  they  were  too  high  minded  and  honorable 
men  to  consent  to  such  degradation.  The  people,  incapable  for  the  moment 
of  appreciating  their  worth,  dismissed  them  from  their  service.  But  I  ven- 
ture to  predict  that  they  have  passed  them  by  only  for  the  moment.  Those 
gentlemen  have  earned  the  approbation  of  all  good  and  intelligent  men  more 
effectually  by  their  retirement  than  they  could  ever  have  done  by  retaining 


64  THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

I>opular  favor  at  the  expense  of  self-humiliation.  They  fell,  it  is  true,  in  this 
great  struggle  between  the  powers  of  light  and  darkness;  but  they  fell,  as 
every  Roman  mother  wished  her  sons  to  fall,  facing  the  enemy  with  all  their 
wounds  in  front. 

True,  it  is,  that  two  other  gentlemen,  and  I  believe  two  only,  lost  their  elec- 
tion on  account  of  their  vote  on  that  question.  I  refer  to  the  late  members 
from  Berks,  who  were  candidates  for  reelection;  and  1  regret  that  gentlemen 
whom  I  so  highly  respect  and  whom  I  take  pleasure  in  ranking  among  per~ 
sonal  friends,  had  not  possessed  a  little  more  nerve  to  enable  them  to  with- 
stand the  assaults  which  were  made  upon  them;  or  if  they  must  be  over- 
powered, to  wrap  their  mantles  gracefully  around  them  and  yield  with  dig- 
nity. But  this,  I  am  aware,  requires  a  high  degree  of  fortitude,  and  those 
respected  gentlemen,  distracted  and  faltering  between  the  dictates  of  con- 
science and  the  clamor  of  the  populace,  at  length  turned  and  fled.  But  duty 
had  detained  them  so  long  that  they  fled  too  late,  and  the  shaft  which  had 
already  been  winged  by  ignorance  overtook  and  pierced  them  from  behind. 
I  am  happy  to  say,  sir,  that  a  more  fortunate  fate  awaited  our  friends  from 
York.  Possessing  a  keener  insight  into  futurity  and  a  sharper  instinct  of 
danger,  they  saw  the  peril  at  a  greater  distance  and  retreated  in  time  to  escape 
the  fury  of  the  storm,  and  can  now  safely  boast  that  "  discretion  is  the  better 
part  of  valor,"  and  that  "they  fought  and  ran  away,  and  live  to  fight  —  on 
t'other  side." 

Sir,  it  is  to  be  regretted  that  any  gentleman  should  have  consented  to  place 
his  election  on  hostility  to  general  education.  If  honest  ambition  were  his 
object,  he  will  ere  long  lament  that  he  attempted  to  raise  his  monument  of 
glory  on  so  muddy  a  foundation.  But,  if  it  be  so,  that  they  were  placed  to 
obstruct  the  diffusion  of  knowledge,  it  is  but  justice  to  say,  that  they  fitly  and 
faithfully  represent  the  spirit  which  sent  them  here,  when  they  attempt  to 
sacrifice  this  law  on  the  altars  which,  at  home,  among  their  constituents,  they 
have  raised  and  consecrated  to  intellectual  darkness;  and  on  which  they  are 
pouring  out  oblations  to  send  forth  their  fetid  and  noxious  odors  over  the  10 
miles  square  of  their  ambitions!  But  will  this  legislature,  will  the  wise 
guardians  of  the  dearest  interests  of  a  great  Commonwealth,  consent  to  sur- 
render the  high  advantages  and  brilliant  prospects  which  this  law  promises, 
because  it  is  desired  by  worthy  gentlemen,  who,  in  a  moment  of  causeless 
panic  and  popular  delusion,  sailed  into  power  on  a  Tartarean  flood?  A  flood 
of  ignorance  darker,  and,  to  the  intelligent  mind,  more  dreadful  than  that 
accursed  pool  at  which  mortals  and  immortals  tremble !  Sir,  it  seems  to  me 
that  the  liberal  and  enlightened  proceedings  of  'the  last  legislature  have  aroused 
the  demon  of  ignorance  from  his  slumber;  and,  maddened  at  the  threatened 
loss  of  his  murky  empire,  his  discordant  bowlings  are  heard  in  every  part  of 
our  land! 

Gentlemen  will  hardly  contend  for  the  doctrine  of  cherishing  and  obeying 
the  prejudices  and  errors  of  their  constituents.  Instead  of  prophesying 
smooth  things  and  flattering  the  people  with  the  belief  of  their  present  per- 
fection, and  thus  retarding  the  mind  in  its  onward  progress,  it  is  the  duty  of 
faithful  legislators  to  create  and  sustain  such  laws  and  institutions  as  shall 
leach  us  our  wants,  foster  our  cravings  after  knowledge,  and  urge  us  forward 
in  the  march  of  intellect.    The  barbarous  and  disgraceful  cry  which  we  hear 


FREE    SCHOOLS  65 

abroad  in  some  parts  of  our  land,  "  that  learning  makes  us  worse  —  that  edu- 
cation makes  men  rogues,"  should  find  no  echo  within  these  walls.  Those 
who  hold  such  doctrines  anywhere  would  be  the  objects  of  bitter  detestation 
if  they  were  not  rather  the  pitiable  objects  of  commiseration,  for  even  vol- 
untary fools  require  our  compassion  as  well  as  natural  idiots. 

Those  who  would  repeal  this  law  because  it  is  obnoxious  to  a  portion  of 
the  people  would  seem  to  found  their  justification  on  a  desire  of  popularity. 
That  is  not  an  unworthy  object  when  they  seek  that  enduring  fame  which  is 
constructed  of  imperishable  materials.  But  have  these  gentlemen  looked  back 
and  consulted  the  history  of  their  race  to  learn  on  what  foundation  and  on 
what  materials  that  popularity  is  built  which  outlives  its  possessor,  which  is 
not  buried  in  the  same  grave  which  covers  his  mortal  remains?  Sir,  I  be- 
lieve that  kind  of  fame  may  be  acquired  by  deep  learning,  or  even  the  love 
of  it,  by  mild  philanthropy  or  unconquerable  courage.  And  it  seems  to  me 
that,  in  the  present  state  of  feeling  in  Pennsylvania,  those  who  will  heartily 
and  successfully  support  the  cause  of  general  education  can  acquire  at  least 
some  portion  of  the  honor  of  all  these  qualities  combined,  while  those  who 
oppose  it  will  be  remembered  without  pleasure  and  soon  pass  away  with  the 
things  that  perish. 

In  giving  this  law  to  posterity  you  act  the  part  of  the  philanthropist,  by 
bestowing  upon  the  poor  as  well  as  the  rich  the  greatest  earthly  boon  which 
they  are  capable  of  receiving;  you  act  the  part  of  the  philosopher  by  pointing 
if  you  do  not  lead  them  up  the  hill  of  science;  you  act  the  part  of  the  hero 
if  it  be  true  as  you  say  that  popular  vengeance  follows  close  upon  your  foot- 
steps. Here,  then,  if  you  wish  true  popularity,  is  a  theater  in  which  you  may 
acquire  it.  What  renders  the  name  of  Socrates  immortal  but  his  love  of  the 
human  family  exhibited  under  all  circumstances  and  in  contempt  of  every 
danger?  But  courage,  even  with  but  little  benevolence  may  confer  lasting 
renown.  It  is  this  which  makes  us  bow  with  involuntary  respect  at  the  name 
of  Napoleon,  of  Caesar,  and  of  Richard  of  the  Lion  Heart.  But  what  earthly 
glory  is  there  equal  in  luster  and  duration  to  that  conferred  by  education? 
What  else  could  have  bestowed  such  renown  upon  the  philosophers,  the  poets, 
the  statesmen,  and  orators  of  antiquity?  WTiat  else  could  have  conferred  such 
undisputed  applause  upon  Aristotle,  Demosthenes,  and  Homer;  on  Virgil, 
Horace  and  Cicero?  And  is  learning  less  interesting  and  important  now  than 
it  was  in  centuries  past,  when  those  statesmen  and  orators  charmed  and  ruled 
empires  with  their  eloquence? 

Sir,  let  it  not  be  thought  that  these  great  men  acquired  a  higher  fame  than 
is  within  the  reach  of  the  present  age.  Pennsylvania's  sons  possess  as  high 
native  talents  as  any  other  nation  of  ancient  or  modern  time.  Many  of  the 
poorest  of  her  children  possess  as  bright  intellectual  gems  if  they  were  as 
highly  polished  as  did  the  scholars  of  Greece  or  Rome.  But  too  long,  too 
disgracefully  long,  has  coward,  trembling,  procrastinating  legislation  permitted 
them  to  lie  buried  in  "  dark,  unfathomable  caves." 

If  you  wish  to  acquire  popularity,  how  often  have  you  been  admonished  to 
build  not  your  monuments  of  brass  or  marble  but  make  them  of  ever-living 
mind.  Although  the  periods  of  yours  or  your  children's  renown  can  not  be 
as  long  as  that  of  the  ancients,  because  you  start  from  a  later  period,  yet  it 
may  be  no  less  brilliant.    Equal  attention  to  the  same  learning,  equal  ardor 


66  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

in  pursuing  the  same  arts  and  liberal  studies,  which  has  rescued  their  names 
from  the  rust  of  corroding  time  and  handed  thcni  down  to  us  untarnished 
from  remote  antiquity,  would  transmit  the  names  of  your  children  and  your 
children's  children  in  a  green,  undying  fame  down  through  the  long  vista  of 
succeeding  ages  until  time  shall  mingle  with  eternity. 

Let  all,  therefore,  who  would  sustain  the  character  of  the  philosopher  or 
philanthropist  sustain  this  law.  Those  who  would  add  thereto  the  glory  of 
the  hero,  can  acquire  it  here,  for  in  the  present  state  of  feeling  in  Pennsyl- 
vania, I  am  willing  to  admit  that  but  little  less  dangerous  to  the  public  man  is 
the  war  club  and  battle-ax  of  savage  ignorance,  than  to  the  Lion-hearted  Rich- 
ard was  the  keen  scimiter  of  the  Saracen.  He  who  would  oppose  it,  either 
through  inability  to  comprehend  the  advantages  of  general  education,  or  from 
unwilhngness  to  bestow  them  on  all  his  fellow-citizens,  even  to  the  lowest  and 
the  poorest,  or  from  dread  of  popular  vengeance,  seems  to  me  to  want  either 
the  head  of  the  philosopher,  the  heart  of  the  philanthropist  or  the  nerve  of 
the  hero. 

All  these  things  would  be  easily  admitted  by  almost  every  man,  were  it  not 
for  the  supposed  cost.  1  have  endeavored  to  show  that  it  is  not  expensive; 
but,  admit  that  it  were  somewhat  so,  why  do  you  cling  so  closely  to  your 
gold.''  The  trophies  which  it  can  purchase,  the  idols  which  it  sets  up,  will 
scarcely  survive  their  purchaser.  No  name,  no  honor  can  long  be  perpetuated 
by  mere  matter.  Of  this  Egypt  furnishes  melancholy  proof.  Look  at  her 
stupendous  pyramids,,  which  were  raised  at  such  immense  expense  of  toil  and 
treasure !  As  mere  masses  of  matter  they  seem  as  durable  as  the  everlasting 
hills,  yet  the  deeds  and  the  names  they  were  intended  to  perpetuate  are  no 
longer  known  on  earth.  That  ingenious  people  attempted  to  give  immortality 
to  matter,  by  embalming  their  great  men  and  monarchs.  Instead  of  doing 
deeds  worthy  to  be  recorded  in  history,  their  very  names  are  unknown,  and 
nothing  is  left  to  posterity  but  their  disgusting  mortal  frames  for  idle  curios- 
ity to  stare  at.  What  rational  being  can  view  such  soulless,  material  perpetu- 
ation, with  pleasure?  If  you  can  enjoy  it,  go,  sir,  to  the  foot  of  Vesuvius; 
to  Herculaneum  and  Pompeii,  those  eternal  monuments  of  human  weakness. 
There,  if  you  set  such  value  on  material  monuments  of  riches,  may  you  see 
all  the  glory  of  art,  the  magnificence  of  wealth,  the  gold  of  Ophir,  and  the 
rubies  of  the  East,  preserved  in  indestructible  lava,  along  with  their  haughty 
wearers  —  the  cold,  smooth,  petrified,  lifeless  beauties  of  the  "  Cities  of  the 
Dead." 

Who  would  not  shudder  at  the  idea  of  such  prolonged  material  identity? 
Who  would  not  rather  do  one  living  deed  than  to  have  his  ashes  forever  en- 
shrined in  ever-burnished  gold?  Sir,  I  trust  that  when  we  come  to  act  on 
this  question  we  shall  all  take  lofty  ground — look  beyond  the  narrow  space 
which  now  circumscribes  our  visions  —  beyond  the  passing,  fleeting  point  of 
time  on  which  we  stand;  and  so  cast  our  votes  that  the  blessing  of  education 
shall  be  conferred  on  every  son  of  Pennsylvania  —  shall  be  carried  home  to 
the  poorest  child  of  the  poorest  inhabitant  of  the  meanest  hut  of  your  moun- 
tains, so  that  even  he  may  be  prepared  to  act  well  his  part  in  this  land  of 
freemen,  and  lay  on  earth  a  broad  and  a  solid  foundation  for  that  enduring 
knowledge  which  goes  on  increasing  through  increasing  eternity. 


THADDEUS  STEVENS 

(From    The    American    Portrait    Gallery) 


FREE    SCHOOLS  67 

Thaddeus  Stevens 

Thaddeus  Stevens,  "  The  Great  Commoner,"  was  born  in  Pea- 
cham,  Caledonia  county,  Vermont,  April  4,  1793.  He  was  laaie 
and  delicate  in  childhood.  His  parents  were  extremely  poor,  but 
his  mother  labored  untiringly  to  secure  an  education  for  him. 
Through  her  exertions,  he  was  enabled  to  attend  the  country  dis- 
trict school  during  the  few  months  of  each  year  that  it  was  open. 
The  boy  was  ambitious,  and  desirous  to  learn,  and  by  close  applica- 
tion he  succeeded  in  preparing  for  college.  He  entered  Dartmouth 
College,  from  which  he  was  graduated  with  honor  in  1814.  During 
that  year  he  removed  to  York,  Pa.,  where  he  studied  law  and  taught 
in  an  academy  at  the  same  time.  In  1816  he  was  admitted  to  the 
bar,  and  soon  rose  to  a  high  rank  as  a  practitioner. 

Mr  Stevens  did  not  take  an  active  part  in  politics  until  1828.  In 
the  exciting  presidential  campaign  of  that  year  he  espoused  the 
cause  of  John  Quincy  Adams,  and  subsequently  became  an  active 
member  of  the  Whig  party.  In  1833,  he  was  elected  to  the  Penn- 
sylvania legislature,  and  was  reelected  to  the  same  office  in  1834, 
1835,  1837  and  1841.  During  his  membership  in  this  body  he 
delivered  his  notable  speeches  on  the  common  school  system  and  the 
act  for  establishing  a  school  of  art.  He  early  became  distinguished 
by  his  opposition  to  slavery.  In  1836  he  was  a  member  of  the  con- 
vention to  revise  the  state  constitution.  He  took  an  active  part  in 
all  the  debates,  but  refused  to  sign  the  constitution,  because  it 
restricted  suffrage  on  account  of  color.  In  1838  he  was  appointed 
a  canal  commissioner,  then  one  of  the  most  important  offices  in  the 
government,  on  account  of  the  vast  expenditures  being  made  for 
internal  improvements.  In  1842  he  removed  to  Lancaster  and 
devoted  the  next  six  years  to  the  practice  of  his  profession.  He 
also  became  largely  engaged  in  the  manufacture  of  iron.  In  1848 
he  was  elected  a  Representative  from  Pennsylvania  to  the  thirty- 
first  Congress.  He  was  also  elected  to  the  thirty-second  Congress 
in  1850.  He  strongly  opposed  the  repeal  of  the  Missouri  Com- 
promise, the  Fugative  Slave  Law,  and  the  Kansas-Nebraska  Bill. 

Mr  Stevens  was  again  elected  to  Congress  in  1858,  and  held  his 
seat  until  his  death.  In  the  latter  years  of  his  life  he  was  a  recog- 
nized leader  of  the  Republican  party.  He  was  among  the  earliest  to 
declare  the  abolition  of  slavery  the  only  alternative  of  the  govern- 
ment, and  took  a  leading  part  in  all  measures  for  emancipating  the 
negroes  and  for  giving  them  citizenship,  and  advocated  the  arming 
and  disciplining  of  150,000  of  them  as  soldiers.    He  presented  the 


68  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

indemnity  act,  and  the  fourteenth  amendment  to  the  constitution. 
The  Emancipation  Proclamation  was  urged  upon  the  President  by 
him,  and  during  the  war  he  advocated  and  carried  acts  of  confisca- 
tion, and  proposed  the  most  rigid  and  severe  measures  against  the 
confederates. 

During  three  sessions  of  Congress,  Mr  Stevens  served  on  the 
important  committee  on  ways  and  means,  and  also  served  on  various 
other  committees  of  importance.  He  was  chairman  of  the  com- 
mittee on  the  reconstruction  of  the  thirty-ninth  and  fortieth  Con- 
gresses; of  the  special  committee  on  the  Pacific  Railroad;  of  the 
committee  on  appropriations ;  of  the  committee  on  a  postal  railroad 
to  New  York;  the  special  committee  on  reconstruction;  and  of  the 
committee  on  free  schools  in  the  District  of  Columbia.  He  served 
on  the  committee  on  the  Niagara  ship  canal,  and  was  a  member  of 
the  committee  on  the  death  of  President  Lincoln.  He  assisted  in 
drafting  the  articles  of  impeachment  against  President  Johnson,  and 
was  chairman  of  the  committee  of  seven  who  managed  the  case  on 
the  part  of  the  House.  He  was  a  delegate  to  the  Baltimore  con- 
vention of  1864,  and  to  the  Philadelphia  "  Loyalists'  Convention  " 
of  1866.  In  1867  he  received  from  Middlebury  College  the  degree 
of  LL.D. 

Mr  Stevens  died  at  Washington,  D.  C,  August  11,  1868. 

The  following  extracts  of  "  Evolution  of  the  Massachusetts 
Public  School  System  "  (George  H.  Martin)  briefly  outlines  the 
history  of  the  free  school  movement  in  that  state. 

When  the  lawmakers  of  1647  spoke  of  grammar  schools,  they  meant 
such  schools  as  they  had  already  started,  and  these  were  such  as  they 
had  been  educated  in  at  home.  Winthrop  came  from  Groton,  in  Suffolk. 
At  Bury  St  Edmunds,  close  by,  was  a  free  grammar  school  founded 
by  Edward  in  1553.  At  Eye,  in  the  same  colony,  was  one  founded  before 
1556;  while  at  Sunbury  there  was  another,  founded  by  one  William  Wood 
a  year  before  Columbus  discovered  America. 

John  Cotton  came  from  old  Boston.  There  was  a  free  grammar  school, 
and  Cotton,  a  few  years  before,  had  been  one  of  a  committee  to  select  an 
usher  for  it.  Eddicott,  of  Salem,  came  from  Dorchester.  There  was  a 
school  founded  in  1579,  "  a  free  school  with  a  learned  master  for  children 
of  all  degrees."  Dudley,  of  Roxbury,  came  from  Northampton.  There  was 
a  school,  founded  in  1541,  lo  teach  boys  who  desired  to  learn,  freely. 

To  James  G.  Carter,  of  Lancaster,  belongs  the  honor  of  first  attracting 
attention  to  the  decadence  of  the  public  schools,  the  extent  of  it,  the  cause 
of  it,  and  the  remedy  for  it.  Within  a  year  after  he  graduated  from 
college  he  began  an  aggressive  campaign  in  favor  of  free  schools,  which 
he  continued  for  seventeen  years,  until  his  triumph  was  complete  in  the 
establishment  of  normal  schools,  and  Horace  Mann  came  to  follow  up  his 
victory. 


FREE   SCHOOLS  69 

His  first  efforts  were  through  the  press.  He  described  the  condition  of  the 
public  schools;  he  showed  how  they  had  sunk  in  the  character  of  their 
instruction  and  instructors ;  with  convincing  logic  he  showed  how  the  acad- 
emies and  private  schools  were  largely  responsible  for  this  decline ;  in 
eloquent  terms  he  painted  the  wisdom  and  self-denial  of  the  founders  of 
the  State,  and  contrasted  them  with  the  degeneracy  of  their  children;  and 
with  the  ardor  of  his  age,  and  a  sagacity  and  insight  beyond  his  years,  he 
argued  for  inductive  teaching  in  all  the  schools,  and  proved  conclusively  that 
there  could  be  no  such  teaching  until  competent  teachers  could  be  pro- 
vided. Then,  rising  to  the  height  of  his  subject,  he  outlined  a  plan  for  a 
seminary  for  teachers,  of  which  Prof.  Bryce  said,  in  1828,  it  was  "the 
first  regular  publication  on  the  subject  of  the  professional  education  of 
teachers  which  he  had  heard  of."  These  papers  were  widely  circulated  and 
favorably  received.  They  were  reviewed  by  Theophilus  Parsons  in  the 
Literary  Gazette,  and  by  Prof.  Ticknor  in  the  North  American  Review, 
and  bore  almost  immediate  fruit  in  the  legislation  of  1824  and  1826. 

Meanwhile  the  support  of  the  schools  was  falling  more  and  more 
into  the  hands  of  the  districts,  and  the  executive  functions  came  to  be 
performed,  by  the  district  committees,  with  the  results  which  we  have 
learned  to  deplore.  The  law  of  1826,  therefore,  introduced  no  new  idea 
into  the  school  history  of  the  State;  it  made  universal  and  compulsory 
what  had  already  become  familiar  to  many  communities.  But  it  did 
more  than  this;  it  elevated  the  school  interests  by  differentiating  them, 
specializing  these  functions,  as  the  care  of  the  roads,  of  the  poor,  of 
taxing,  had  long  before  been  specialized. 

The  law  of  1789  was  a  long  step  forward,  by  making  it  somebody's 
business  to  know  what  the  schools  were  doing.  This  law  was  a  longer 
step  forward,  by  making  the  somebody  a  special  body,  and  giving  to  it  new 
and  more  extended  powers.  It  is  not  strange  that  the  law  met  with 
vigorous  opposition.  Petitions  came  to  the  next  legislature  urging  its 
repeal,  but  it  was  not  repealed 

So  arrogant  had  the  little  district  become,  so  jealous  of  their  imagined 
rights,  though  they  had  had  a  corporate  existence  but  thirty-seven  years, 
that  they  complained  of  the  new  law  as  being  arbitrary  and  oppressive, 
because  it  gave  back  to  the  town  a  part  of  the  powers  which  had  always 
belonged  to  it,  but  which  the  districts  had  usurped. 

The  law  was  not  repealed,  but  a  sop  was  thrown  to  the  districts,  which  in 
practice  went  far  to  neutralize  all  the  good  effects  of  the  law.  This  was 
the  authority  given  to  the  prudential  committee  to  select  the  teacher. 
The  power  had  been  long  exercised;  now  it  was  legally  conferred.  The 
town  committees  neglected  their  restrictive  duties,  so  that  in  many  towns  the 
new  legislation  was  practically  inoperative. 

One  other  feature  of  the  legislation  of  1827  should  be  noticed  in  passing. , 
For  the  first  time  in  the  history  of  the  State  is  the  entire  support  of  the   1 
schools  by  taxation  made  compulsory.     From    1647   such  support  had  been  / 
voluntary.     For   many  years  it  had  been  universal. 

From  the  beginning  legislation  had  recognized  the  principle  so  aptly 
stated  by  Mr  Carter,  that  all  the  property  of  the  town  was  liable  for  the 
education  of  all  the  children  of  the  town.  Now,  after  one  hundred  and 
eighty  years,  the  principle  is  enacted  into  a  law.  So  slowly  are  institutions 
evolved  and  perfected  in  a  government  by  the  people. 


TO  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Mr  Carter's  plans  for  school  improvement  included  two  means  as  of 
primary  importance;  a  school  fund,  and  a  seminary  for  the  training  of 
teachers.  The  efforts  of  the  friends  of  reform  to  secure  these  two  ends 
were  unremitting.  The  measures  were  forced  upon  the  attention  and 
consideration  of  the  Legislature  every  year  from  1827,  until  opposition  and 
reluctance  yielded   to   importunity,    and   both   were   secured. 

In  1834  s  bill  was  reported  and  enacted  establishing  a  school  fund.  The 
fund  was  to  consist  of  all  money  in  the  treasury  derived  from  the  sale  of 
lands  in  the  State  of  Maine,  and  from  the  claims  of  the  State  on  the  United 
States  for  military  services,  and  half  of  all  money  thereafter  to  be  received 
from  the  sale  of  Maine  lands,  the  fund  not  to  exceed  a  million  dollars. 
Profiting  by  the  example  of  Connecticut  and  New  York,  the  distribution  of 
the  money  among  the  towns'  was  upon  two  conditions :  the  towns  must 
raise  by  taxation  at  least  one  dollar  for  each  person  of  school  age  — 
four  to  sixteen  years  —  and!  must  make  to  the  State  the  statistical  returns 
required  by  law.  The  fund  was  thus  made  a  means  not  only  of  aiding  the 
towns,  but  also  of  securing  that  information  concerning  the  state  of  edu- 
cation which  was  necessary  to  intelligent  legislation. 

Dr  Charles  Carroll,  in  his  "  Public  Education  in  Rhode  Island," 
makes  the  follov^^ing  comments  on  the  history  of  free  schools  in 
Rhode  Island. 

Reviewing  earlier  events  briefly:  A  free  school  law  enacted  in  1800 
was  repealed  in  1803.  A  committee  of  the  General  Assembly  in  1818  reported 
as  inexpedient  Governor  Knight's  proposition  to  establish  free  schools  for 
youth  employed  in  factories.  A  committee  of  the  General  Assembly, 
appointed  in  1821  to  collect  school  statistics,  failed  to  report.  A  consti- 
tution that  provided  for  a  permanent  school  fund  was  rejected  by  the 
freemen   in   1824. 

The  General  Assembly,  in  1825,  referred  a  proposed  "  act  for  the  estab- 
lishment of  lotteries  for  the  purpose  of  raising  a  fund  for  the  support  of 
free  schools  "  to  the  next  session. 

The  American  and  Gazette  in  1828,  took  up  the  fight  for  free  schools  in 
earnest.    January  4,  it  said : 

"  There  is  one  subject  of  much  more  importance  to  Rhode  Island  than 
the  election  of  a  President,  and  that  is  the  establishment  of  free  schools. 
To  be  sure,  those  who  would  favor  a  military  despotism  would  not  be 
anxious  to  disseminate  education,  but  this  is  a  question  involving  the 
dearest  interest  of  present  and  future  generations,  and  all  others  ought 
to  be  made  to  yield  to  it." 

Anticipating  the  opening  of  the  January  session  of  the  General  Assembly, 
the  same  newspaper,  on  January  11,  said: 

"Among  all  the  subjects  which  will  come  before  them  (the  General 
Assembly)  the  bill  for  establishing  free  schools  stands  pre-eminent.  This 
deserves  an  early  and  deliberate  consideration.  Happily  no  real  difference 
of  opinion  exists  as  to  the  expediency  of  establishing  free  schools,  and 
we  do  not  believe  that  if  the  question  were  taken  by  ayes  and  noes,  a 
single  member   of    the   House  would   answer   in   the   negative.    There   are 


FREE    SCHOOLS  71 

three  or  four  members  in  the  Senate  we  should  anticipate  a  negative  vote 
from,  in  accordance  with  their  uniform  objections  to  every  measure  of  pub- 
lic opinion  and  improvement.  The  only  question  that  will  produce  differ- 
ence of  opinion  is  the  mode  of  establishing  schools,  the  ways  and  means 
by  which  they  are  to  be  supported  —  whether  it  shall  depend  upon  a 
somewhat  precarious  revenue  derived  from  lotteries,  etc.,  or  whether  to  this 
sum  shall  be  added  an  equal  or  proportional  amount  raised  by  the  several 
towns  in  such  manner  as  they  may  think  proper.  As  to  the  plan  proposed 
by  Mr  Waterman,  the  benefits  of  which  are  to  be  experienced  by  the 
children  of  the  great-grandchildren  of  the  present  generation,  no  man  who 
is  a  father  can  listen  to  it  a  moment.  We  do  not  believe  in  the  maxim 
'Let  posterity  take  care  of  itself,'  but  it  surely  is  a  correct  principle  that 
we  should  first  provide  for  the  present  rising  generation.  Let  free  schools 
be  established  to  the  extent  our  present  means  will  allow,  and  future 
generations  will  provide  for  preserving  and  enlarging  the  system.  There 
is  no  instance  in  which  a  system  of  free  schools,  once  fairly  established, 
has  been  abandoned.  It  can,  moreover,  be  plainly  shown  that  the  voluntary 
tax  to  be  raised  by  each  of  the  towns  to  entitle  them  to  an  equal  or  larger 
sum  from  the  treasury,  will  not  exceed  the  amount  they  already  pay  for 
the  schools  kept  within  their  limits.  Under  the  contemplated  bill  they  will, 
therefore,  receive  double  the  benefits  they  now  experience,  at  no  greater 
expense  than  they  already  voluntarily  incur  for  the  education  of  their 
children." 

The  Rhode  Island  School  law  of  1845  and  the  labors  of  Henry  Bar- 
nard marked  the  beginning  of  a  new  epoch  in  Rhode  Island  school  his- 
tory—  "new,"  because,  historians  to  the  contrary  notwithstanding,  there 
were  schools  in  Rhodte  Island  and  a  history  of  schools  before  Rhode 
Island  called  Henry  Barnard ;  "  an  epoch "  because  the  change  from 
old  to  new  was  fraught  with  so  much  import,  and  "  the  beginning," 
because  so  much  of  what  Henry  Barnard  projected  was  destined  to  be 
realized  only  years  after  his  retirement. 

Scholars  in  the  early  free  schools  of  Providence  were  assessed  for 
fuel  and  required  to  furnish  ink.  In  1833  the  fuel  assessment  was  abol- 
ished. Newport  assessed  against  scholars  a  small  tuition  charge,  but  pro- 
vided free  textbooks  and  stationery.  By  statute  ini  1839  school  com- 
mittees were  empowered,  "  whenever  an  amount  of  money  sufficient  to 
pay  for  fuel,  rent  and  other  incidental  expenses  of  public  schools  shall 
not  be  provided  by  any  town  by  taxation  or  otherwise,"  "  to  assess  a 
sum  sufficient  to  pay  such  expenses  upon  those  who  send  scholars  to  the 
schools,  in  such  manner  as  they  may  deem  just,  exempting  from  assess- 
ment such  as  they  consider  unable  or  too  poor  to  pay." 

The  evil  of  rate  hills.  Commissioner  Potter,  in  1850,  recommended  aboli- 
tion of  rate  bills.  "  There  can  be  no  doubt,"  he  said,  "  That  the  present 
rate  bill  system  is  one  great  obstacle  in  the  way  of  a  more  general  attend- 
ance. In  several  of  the  larger  towns  the  schools  are  now  made  entirely 
free  by  town  taxation,  but  in  many  of  the  towns  the  state  and  town  appro- 
priation are  insufficient  and  the  remainder  is  assessed  on  scholars." 

In  1868  rate  bills,  after  the  current  year,  were  abolished. 

The  fight  for  free  schools  in  Rhode  Island  covered'  a  period  of  half 
a  century.    "Abolition  of  tuition  and  free  textbooks  were  necessary  to  make 


72  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

the  public  schools  absolutely  and  completely  free  for  all.  Free  schools 
must  precede  effective  compulsory  attendance  laws,  and  compulsory  attend- 
ance is  necessary  to  insure  universal  education.  Unless  the  state  assumes 
the  entire  burden  of  school  support,  maintenance  by  sub-divisions  of  the 
state  must  be  mandatory  to  insure  schools  in  every  section.  The  abolition 
of  districts  was  an  administrative  reform,  supplementing  the  mandatory  town 
school  support  law." 

Egerton  Ryerson  D.D.  LL.D. 

The  Reverend  Egerton  Ryerson  was  the  son  of  Colonel  Joseph 
Ryerson,  who,  having  fought  on  the  side  of  the  British  in  the 
American  Revolution,  was  exiled  to  Canada  in  1783.  Colonel  Ryer- 
son was  one  of  the  pioneers  in  penetrating  into  that  part  of  Canada 
that  was  then  an  unbroken  wilderness  and  at  Charlotteville  on 
March  24,  1803,  his  fourth  son,  Egerton,  was  born.  The  boy 
received  the  very  elementary  education  then  afforded  in  his  native 
county  but  this  was  supplemented  by  the  extensive  reading  and 
study  which  he  continued  throughout  his  life.  On  his  twenty- 
second  birthday  he  was  ordained  a  deacon  in  the  Methodist  Episco- 
pal Church  and  during  his  experience  as  a  circuit  rider,  he  con- 
tinued his  study,  often  finding  his  only  opportunity  to  read  while 
on  horseback.  He  became  prominent  in  the  affairs  of  the  Methodist 
conference  and  on  three  occasions  was  sent  to  England  to  represent 
the  Canadian  Methodist  Church  in  its  negotiations  with  the  Eng- 
lish Methodists. 

In  1827  he  wrote  a  series  of  letters  to  the  press  which  established 
his  reputation  as  a  skilful  and  able  controversial  writer,  a  reputa- 
tion which  was  fully  sustained  later. 

From  1840  to  1844,  he  was  president  of  the  then  newly  estab- 
lished "  University  of  Victoria  College  "  at  Cobourg. 

The  first  Canadian  school  bill  was  passed  in  1841  and  in  1844 
Doctor  Ryerson  was  appointed  chief  superintendent  of  education 
for  Upper  Canada,  a  position  which  he  held  for  over  twenty  years. 
He  was  an  ardent  advocate  of  public  schools  and  in  1846  obtained 
the  enactment  of  a  law,  one  feature  of  which  was  the  support  of 
the  schools  by  a  uniform  rate  upon  property.  During  his  service  as 
superintendent  of  education.  Doctor  Ryerson  was  instrumental  in 
obtaining  additional  legislation  which  provided  for  free  common 
schools  and  which  encouraged  and  gave  aid  in  the  establishment  of 
academies  and  universities.  He  made  four  trips  to  Europe  and  one 
to  the  United  States  for  the  purpose  of  studying  educational  sys- 
tems and  of  obtaining  models  and  works  of  art  for  the  educational 
museum  which  had  been  established  under  his  jurisdiction.    It  has 


EGERTON  RYERSON  DD.  LL.D. 
Chief  Superinendent  of  Education  for  Upper  Canada, 
appointed  1841 ;  served  for  over  twenty  years 
(From    Barnard's   Journal    of    Education) 


FREE    SCHOOLS  73 

been  said  of  him  that  "  What  national  education  in  England  owes 
to  Sir  J.  K.  Shuttle  worth,  what  education  in  New  England  owes  to 
Horace  Mann,  that  debt  education  in  Canada  owes  to  Egerton 
Ryerson.  .  .  .  Through  evil  report  and  good  report  he  has 
resolved,  and  he  has  found  others  to  support  him  in  the  resolution, 
that  free  education  shall  be  placed  within  the  reach  of  every  Can- 
adian parent  for  every  Canadian  child." 

On  April  ii,  1842,  the  Legislature  extended  the  provision  of  the 
general  school  law  to  apply  to  the  city  of  New  York.  It  is  of 
interest  to  note  that  sections  9  and  12  indicate  that  schools  in  New 
York  City  were  supported  by  tax  on  property. 

Law^s  of  New  York,  65th  Session,  1842,  Chapter  150 

An  act  to  extend  to  the  city  and  county  of  New  York,  the  provisions 
of  the  general  act  in  relation  to  common  schools. 

Passed  April  ii,   1842 

The  People  of  the  State  of  New-York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows : 

1  There  shall  be  elected  in  each  of  the  wards  of  the  city  and  county  of 
New-York  two  commissioners,  two  inspectors  and  five  trustees  of  com- 
mon schools,  who  shall  be  elected  by  ballot,  at  a  special  election  to  be 
held  on  the  first  Monday  of  June  in  each  year,  by  the  persons  qualified 
to  vote  for  charter  officers  in  the  said  wards,  and  to  be  conducted  in  the 
same  manner,  by  the  same  inspectors,  at  the  same  ward  districts,  and  sub- 
ject to  the  same  laws,  rules  and  regulations,  as  now  govern  the  charter 
elections  in  said  city.  The  commissioners  of  common  schools  so  elected 
shall  constitute  a  board  of  education  for  the  city  of  New- York;  a  majority 
of  whom  shall  constitute  a  quorum.  They  shall  elect  one  of  their  number 
president  of  said  board  who  shall  preside  at  the  meetings  thereof,  which 
shall  be  held  at  least  as  often  as  once  in  three  months,  and  they  may 
appoint  a  clerk  whose  compensation  shall  be  fixed  and  paid  by  the  super- 
visors of  said  city  and  county.  The  commissioners  so  elected  in  each  ward 
shall  be  the  commissioners  of  schools  thereof,  with  the  like  powers  and 
duties  of  commissioners  of  common  schools  in  the  several  towns  in  this 
state,  except  as  hereinafter  provided.  The  said  inspectors  of  common 
schools  so  elected  in  the  several  wards  shall  have  the  like  powers,  and 
be  subject  to  the  same  duties  with  the  inspectors  of  common  schools  of 
the  several  towns  of  this  state,  except  as  hereinafter  provided.  The  trus- 
tees of  common  schools  so  elected  in  their  respective  wards  shall  be  the 
trustees  of  the  school  districts,  which  may  be  formed  and  organized  therein, 
with  the  like  powers  and  duties  as  the  trustees  of  school  districts  in  the 
several  towns  in  this  state,  except  as  hereinafter  provided. 

2  All  such  provisions  of  the  third,  fourth,  fifth,  and  sixth  articles  of 
Title  two.  Chapter  fifteen,  Part  first  of  the  Revised  Statutes,  and  of  the 
several  acts  amending,  and  in  addition  to  and  relating  to  the  same,  not 
inconsistent  with  the  provisions  in  this  act  contained,  shall  be,  and  the 
same  are,  hereby  declared  applicable  to  the  city  and  county  of  New- York. 


74  THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

3  For  all  the  purposes  of  this  act,  each  of  the  several  wards  into  which 
the  said  city  and  county  of  New-York  now  is  or  may  be  hereafter  divided, 
shall  be  considered  as  a  separate  town,  and  liable  to  all  the  duties  imposed, 
and  entitled  to  all  the  powers,  privileges,  immunities,  and  advantages 
granted  by  the  said  third,  fourth,  fifth,  and  sixth  Articles  of  Title  two. 
Chapter  fifteen.  Part  first  of  the  Revised  Statutes,  to  the  several  towns 
in  this  state,  so  far  as  the  same  are  consistent  with  this  act. 

4  The  forty-fourth  section  of  an  act  entitled  "An  act  to  amend  the 
second  Title  of  the  fifteenth  Chapter  of  the  first  Part  of  the  Revised 
Statutes,  relating  to  common  schools,"  passed  May  26,  1841,  is  hereby 
repealed;  and  all  the  other  sections  of  the  said  act,  not  inconsistent  with 
the  provisions  of  this  act,  are  hereby  declared  applicable  to  the  city  and 
county  of  New  York. 

5  No  compensation  shall  be  allowed  to  the  commissioners,  inspectors,  or 
trustees  of  common  schools  for  any  services  performed  by  them,  but  the 
commissioners  and  inspectors  shall  receive  their  actual  and  reasonable 
expenses  while  attending  to  the  duties  of  their  office,  to  be  audited  and 
allowed  by  the  supervisors  of  said  city  and  county. 

6  The  said  commissioners  of  common  schools  of  each  ward  are  hereby 
authorized  to  appoint  a  clerk,  whose  compensation  shall  be  settled  and 
paid  by  the  board  of  supervisors. 

7  Whenever  the  trustees  elected  in  any  ward  shall  certify  in  writing  to 
the  commissioners  and  inspectors  of  common  schools  thereof,  that  it  is 
necessary  to  organize  one  or  more  schools  in  said  ward,  in  addition  to 
the  schools  mentioned  in  the  thirteenth  section  of  this  act,  it  shall  be  the 
duty  of  said  commissioners  and  inspectors  to  meet  together  and  examine 
into  the  facts  and  circumstances  of  the  case ;  and  if  they  shall  be  satisfied 
of  such  necessity,  they  shall  certify  the  same  under  their  hands  to  the 
said  board  of  education,  and  shall  then  proceed  to  organize  one  or  more 
school  districts  therein,  and  shall  procure  a  school  house  and  all  things 
necessary  to  organize  a  school  in  such  district,  the  expense  of  which  shall 
be  levied  and  raised  pursuant  to  the  provisions  of  section  nine  of  this 
act;  and  the  title  of  all  lands  purchased  by  virtue  of  this  act,  with  the 
buildings  thereon,  shall  be  vested  in  the  city  and  county  of  New  York. 

8  Whenever  the  clerk  of  the  city  and  county  of  New  York  shall  receive 
notice  from  the  superintendent  of  common  schools,  of  the  amount  of 
moneys  apportioned  to  the  city  and  county  of  New  York,  for  the  support 
and  encouragement  of  common  schools  therein,  he  shall  immediately  lay 
the  same  before  the  supervisors  of  the  city  and  county  aforesaid. 

9  The  said  supervisors  shall  annually  raise  and  collect,  by  tax  upon  the 
inhabitants  of  said  city  and  county,  a  sum  of  money  equal  to  the  sum  speci- 
fied in  such  notice,  at  the  same  time  and  in  the  same  manner  as  the  contin- 
gent charges  of  the  said  city  and  county  are  levied  and  collected ;  also  a  sum 
of  money  equal  to  one-twentieth  of  one  per  cent  of  the  value  of  real  and 
personal  property  in  the  said  city  liable  to  be  assessed  therein,  to  be  applied 
exclusively  to  the  purposes  of  common  schools  in  said  city;  and  such  further 
sum  as  may  be  necessary  for  the  support  and  benefit  of  common  schools  in 
said  city  and  county,  to  be  raised,  levied,  and  collected  in  like  manner,  and 
which  shall  be  in  lieu  of  all  taxes  and  assessments  to  the  support  of  common 
schools  for  said  city  and  county. 


FREE   SCHOOLS  75 

10  The  said  supervisors  shall,  on  or  before  the  first  day  of  May  in  every 
year,  direct  that  a  sum  of  money  equal  to  the  amount  last  received  by  the 
chamberlain  of  said  city  and  county  from  the  common  school  fund,  be  depos- 
ited by  him,  together  with  the  sum  so  received  from  the  school  fund,  in  one 
of  the  incorporated  banks  in  the  said  city  and  county  (such  bank  to  be  desig- 
nated by  the  said  supervisors),  to  the  credit  of  the  commissioners  of  com- 
mon schools  in  each  of  the  said  several  wards,  in  the  proportions  to  which 
they  shall  respectively  be  entitled,  and  subject  only  to  the  drafts  of  the  said 
commissioners  respectively,  who  shall  pay  the  amount  apportioned  to  the 
several  schools  enumerated  in  the  thirteenth  section  of  this  act,  to  the  treas- 
urer of  the  societies  or  schools  entitled  thereto,  or  to  some  person  duly 
authorized  by  the  trustees  of  such  societies  of  schools  to  receive  the  same. 

11  So  much  of  the  seventh  Article  of  Title  second.  Chapter  fifteen,  Part 
first  of  the  Revised  Statutes,  and  the  several  acts  amending  and  in  addition 
to,  and  relating  to  the  said  article  as  is  especially  applicable  to  the  city  and 
county  of  New  York,  and  all  other  acts,  and  all  provisions  therein,  providing 
for  or  directing,  or  concerning  the  disbursing  or  appropriation  of  the  funds 
created  for  or  applicable  to  common  school  education  in  the  city  and  county 
of  New  York,  and  all  and  every  provision  for  raising  any  fund,  or  for  the 
imposition  of  any  tax  therefore,  so  far  as  the  same  are  inconsistent  with  this 
act,  are  hereby  repealed. 

12  All  children  between  the  ages  of  four  and  sixteen,  residing  in  said  city 
and  county,  shall  be  entitled  to  attend  any  of  the  common  schools  therein ;  and 
the  parents,  guardians,  or  other  persons  having  the  custody  or  care  of  such 
children,  shall  not  be  liable  to  any  tax,  assessment,  or  imposition  for  the  tui- 
tion of  any  such  children,  other  than  is  herein  before  provided. 

13  The  schools  of  the  Public  School  Society,  the  New  York  Orphan  Asy- 
lum school,  the  Roman  Catholic  Orphan  Asylum  school,  the  schools  of  the 
two  Half  Orphan  Asylums,  the  school  of  the  Mechanics'  School  Society,  the 
Harlem  school,  the  Yorkville  Public  school,  the  Manhattanville  Free  school, 
the  Hamilton  Free  school,  the  Institution  for  the  Blind,  The  School  con- 
nected with  the  alms  house  of  said  city,  and  the  school  of  the  Association 
for  the  Benefit  of  Colored  Orphans,  shall  be  subject  to  the  general  jurisdic- 
tion of  the  said  commissioners  of  the  respective  wards  in  which  any  of  the 
said  schools  now  are  or  hereafter  may  be  located,  subject  to  the  direction  of 
the  board  of  education,  but  under  the  immediate  government  and  manage- 
ment of  their  respective  trustees,  managers,  and  directors,  in  the  same  manner 
and  to  the  same  extent  as  herein  provided  in  respect  to  the  district  schools, 
herein  first  before  mentioned,  in  said  city  and  county;  and  so  far  as  relates 
to  the  distribution  of  the  common  school  moneys,  each  of  the. said  schools 
shall  be  district  schools  of  the  said  city. 

14  No  school  above  mentioned,  or  which  shall  be  organized  under  this 
act,  in  which  any  religious  sectarian  doctrine  or  tenet  shall  be  taught,  incul- 
cated, or  practised,  shall  receive  any  portion  of  the  school  moneys  to  be 
distributed  by  this  act,  as  hereinafter  provided;  and  it  shall  be  the  duty 
of  the  trustees,  inspectors  and  commissioners  of  schools  in  each  ward,  and  of 
the  deputy  superintendent  of  schools,  from  time  to  time,  and  as  frequently  as 
need  be,  to  examine  and  ascertain,  and  report  to  the  said  board  of 
education,   whether   any   religious    sectarian   doctrine   or   tenet   shall   have 


76  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

been  taught,  inculcated,  or  practised  in  any  of  the  schools  in  their  re- 
spective wards;  and  it  shall  be  the  duty  of  the  commissioners  of  schools  in 
the  several  wards  to  transmit  to  the  board  of  education,  all  reports  made  to 
them  by  the  trustees  and  inspectors  of  their  respective  wards.  The  board  of 
education,  and  any  member  thereof,  may  at  any  time  visit  and  examine  any 
school  subject  to  the  provisions  of  this  act,  and  individual  commissioners  shall 
report  to  the  board  the  result  of  their  examinations. 

15  It  shall  be  the  duty  of  the  said  board  of  education  to  apply,  for  the  use 
of  the  several  districts  such  moneys  as  shall  be  raised  to  erect,  purchase,  or 
lease  school  houses,  or  to  procure  the  sites  therefor;  and  also,  to  apportion 
among  the  several  schools  and  districts  provided  for  by  this  act,  the  school 
moneys  to  be  paid  over  to  the  commissioners  of  schools  in  each  ward,  by 
virtue  of  the  tenth  section  of  this  act,  and  shall  file  with  the  chamberlain  of 
said  city  and  county,  on  or  before  the  fifteenth  day  of  April,  in  each  year,  a 
copy  of  such  apportionment,  and  stating  the  amount  thereof  to  be  paid  to  the 
commissioners  of  each  ward;  which  apportionment  shall  be  made  among  the 
said  several  schools  and  districts,  according  to  the  average  number  of  children 
over  four  and  under  sixteen  years  of  age,  who  shall  have  actually  attended 
such  school  the  preceding  year.  But  no  such  school  shall  be  entitled  to  a 
portion  of  such  moneys,  that  has  not  been  kept  open  at  least  nine  months  in 
the  year,  or  in  which  any  religious  sectarian  doctrine  or  tenet  shall  have  been 
taught,  inculcated,  or  practised,  or  which  shall  refuse  to  permit  the  visits  and 
examinations  provided  for  by  this  act. 

16  The  commissioners  of  schools  of  the  respective  wards,  when  they  have 
received  from  the  chamberlain  of  said  city  and  county,  the  money  apportioned 
to  the  several  schools  and  districts  in  their  several  wards,  shall  apply  the  same 
to  the  use  of  the  schools  and  districts  in  their  several  wards,  according  to  the 
apportionment  thereof  so  made  by  the  said  board  of  education. 

17  The  said  commissioners  of  each  ward  shall,  within  fifteen  days  after 
their  election,  execute  and  deliver  to  the  supervisors  aforesaid,  a  bond  with 
which  such  sureties  as  said  supervisors  shall  approve,  in  the  penalty  of  double 
the  amount  of  public  money  appropriated  to  the  use  of  the  common  schools 
of  their  respective  wards,  conditioned  for  the  faithful  performance  of  the 
duties  of  their  office,  and  the  proper  application  of  all  moneys  coming  in  their 
hands  for  common  school  purposes.  Such  bond  shall  be  filed  by  the  said 
supervisors,  in  the  office  of  the  county  clerk. 

18  This  act  shall  take  effect  immediately. 


EARLY  LEGISLATIVE  REFERENCES  TO  FREE  SCHOOLS 

One  of  the  first  places  in  which  the  term  "  free  school "  is  found 
in  the  legislative  documents,  is  in  the  act  of  October  14,  1731,  chap- 
ter 594,  entitled  "An  act  to  encourage  a  public  school  in  the  city  of 
New  York  for  teaching  Latin,  Greek  and  mathematics." 

And  altho'  the  not  rightly  applying  of  a  temporary  salary  heretofore  allowed 
for  a  Free  School,  has  been  the  chief  Cause  that  an  Encouragement  for  the 
like  purpose  has  ever  since  been  neglected ;  But  in  as  much  as  the  present  Cir- 


FREE  SCHOOLS  yy 

cumstances  afford  a  better  Prospect,  and  to  the  End  our  Youth  may  not  be 
deprived  of  the  Benefits  before  mentioned  BE  IT  ENACTED  by  his  Excel- 
lency the  Governour  the  Council  and  the  General  Assembly,  And  it  is  hereby 
enacted  by  the  Authority  of  the  same  That  there  shall  be  One  Public  School 
established  and  kept  in  the  City  of  New  York  to  teach  Latin,  Greek,"  and  that 
the  schoolmaster  employed,  "  shall  teach  gratis  and  without  any  further  re- 
ward or  consideration  from  any  person  whatsoever,  that  what  is  allowed  to 
him  in  this  Act. 

Twenty  worthy  pupils  were  to  be  selected  from  the  various  cities 
and  counties  to  enjoy  the  benefits  of  this  act.  The  schoolmaster 
was  to  receive  40  pounds  a  year  for  his  services. 

Act  of  April  8,  1801,  Chapter  195 
It  was  enacted  that  no  payment  shall  thereafter  be  made  to  any 
of  the    county   treasurers    (under   the   act   of    encouragement    of 
schools)  passed  the  ninth  day  of  April,  1795,  until  legislative  pro- 
vision shall  be  made  on  the  subject. 

Act  of  April  8,  1801,  Chapter  189 
The  act  directing  certain  moneys  to  be  applied  to  the  use  of  free 
schools  in  the  city  of  New  York.  It  directs  the  payment  of  an 
amount  of  money  to  various  churches  in  the  city  of  New  York  for 
conducting  schools  for  the  poor  under  the  act  for  the  encourage- 
ment of  schools. 

Act  of  April  18,  1843,  Chapter  211 
The  act  to  establish  free  schools  in  the  village  of  Poughkeepsie 
was  passed  to  take  effect  immediately  after  the  people  of  the  village 
of  Poughkeepsie  had  voted  in  favor. 

Act  of  March  10,  1848,  Chapter  81 
Provides  for  the  establishment  of  a  free  school  in  district  5  in  the 
town  of  Flushing  to  be  established  when  approved  by  a  majority  of 
the  legal  voters  of  said  district. 

Act  of  March  25,  1848,  Chapter  138 
Provides  for  a  free  school  in  district  4  in  the  town  of  Newton, 
Queens  county,  this  act  to  take  effect  immediately. 

Act  of  March  16,  1850,  Chapter  60 
An  act  to  establish  a  free  school  in  district  3  in  the  town  of 
Newton. 


78  THE   UNIVERSITY    OF   THE   STATE    OF   NEW    YORK 

Act  of  March  16,  1850,  Chapter  66 
Requiring  the  board  of  school  commissioners  in  the  city  of  Utica 
to  prepare  an  estimate  of  the  amount  of  money  necessary  to  estab- 
lish free  schools  in  that  city. 

Act  of  March  18,  1850,  Chapter  yy 
Providing  for  free  schools  in  the  village  of  Lockport. 

Act  of  April  14,  1857,  Chapter  171 

Provides  that  the  common  schools  of  the  city  of  Williamsburg 
shall  be  free  to  all  children  of  said  city  between  the  ages  of  five  and 
sixteen  years  inclusive,  provided  that  a  separate  school  or  schools 
for  colored  children  shall  be  maintained  by  the  board  of  education. 
The  said  board  shall  prescribe  the  terms  of  admission  to  the  even- 
ing schools  and  to  the  city  academy,  if  any  shall  be  established 
under  this  act,  but  they  shall  not  make  the  payment  of  any  money 
for  entrance  or  tuition  necessary  for  such  admission. 

Act  of  April  6,  1852,  Chapter  156 
Provides  that  every  district  or  common  school  located  in  the  vil- 
lage of  Newburgh  including  the  Newburgh  High  School  and  every 
school  which  may  hereafter  be  located  in  the  said  village  under  this 
act,  shall  be  free  to  all  children  between  the  ages  of  four  and 
twenty-one  years  residing  in  the  village. 

Act  of  April  II,  1853,  Chapter  151 
Provides  for  free  schools  in  the  village  of  Waterloo. 

Act  of  April  II,  1853,  Chapter  171 
Provides  that  school  district  3  in  the  town  of  Cherry  Valley, 
Otsego  county,  shall  be  free  to  all  children  between  the  ages  of 
four  and  twenty-one  years  residing  in  that  county. 

Act  of  June  8,  1853,  Chapter  344 
Provides  that  the  public  schools  in  the  town  of   Eastchester, 
Westchester  county,  shall  be  free  to  all  children  residing  in  the 
district. 

Act  of  June  17,  1853,  Chapter  365 
Provides  for  free  schools  to  be  established  in  district  i  in  the 
town  of  West  Farms,  Westchester  county. 


FREE  SCHOOLS  79 

During  the  early  period  little  educational  legislation  was  enacted. 
Most  of  the  legislations  dealt  with  the  transfer  of  "  such  moneys 
left  over  after  the  paupers  were  provided  for  "  for  the  support  of 
schools.  Schools  had  originated  in  the  arms  of  charity  and  in  this 
period  free  education  and  pauperism  were  apparently  closely  allied. 
The  following  acts  seem  to  illustrate  this  fact. 

Act  of  March  21,  1791,  Chapter  41 

This  act  made  it  lawful  for  the  overseers  of  the  poor  of  the  town 
of  Qarmont  to  apply  all  moneys  not  needed  for  the  relief  of  the 
poor  to  be  used  in  the  building  and  employment  of  a  school  teacher 
in  that  town. 

Act  of  February  26,  1828,  Chapter  44 

The  town  of  Edmeston  relative  to  the  appropriation  of  the  sur- 
plus poor  fund  and  likewise  the  chapter  151  of  March  31,  1828,  the 
act  instructing  the  overseers  of  the  poor  in  the  town  of  Gouverneur 
in  the  county  of  St  Lawrence  to  pay  over  such  funds  to  the  com- 
mission of  common  schools  in  that  town.  Similar  act  authorizing 
the  overseers  of  the  poor  in  the  town  of  Saranac  to  pay  over  cer- 
tain money  in  their  hands  to  the  commission  of  common  schools 
passed  February  5,  1829  (Chapter  23). 

Act  of  April  18,  1829,  Chapter  177 

The  overseers  of  the  indigent  of  the  town  of  Fort  Edward  are 
authorized  to  pay  over  $150  to  the  commission  of  highways  and  the 
remainder  of  the  fund  in  their  hands  to  the  commissioners  of  the 
common  schools. 

Act  of  April  29,  1829,  Chapter  299 

Authorizing  the  overseers  of  the  poor  in  the  town  of  Pierpont  to 
pay  over  to  the  commissioners  of  the  common  schools  all  the  funds 
in  their  hands  raised  and  collected  for  the  support  of  the  poor. 

Act  of  February  22,  1830,  Chapter  44 

Instructing  the  overseers  of  the  indigent  in  the  town  of  DeKalb 
to  turn  over  one  thousand  dollars  out  of  the  funds  in  their  hands 
raised  and  collected  for  the  support  of  the  poor  in  that  town. 

Act  of  April  14,  1831,  Chapter  125 
Authorizing  the  application  of  the  interest  of  the  poor  fund  of 
the  town  of  Macdonough  to  the  support  of  the  school  fund. 


8o  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Act  of  April  4,  1800,  Chapter  loi 

Money  appropriated  to  establish  a  school  among  the  Oneida 
Indians  living  at  Canasaraga. 

"  It  is  a  somewhat  curious  fact  that  a  free  school  for  colored 
children  was  established  in  New  York  City  before  any  free  school 
for  white  children,  in  the  true  meaning  of  the  words,  existed.  The 
first  school  for  the  latter  was  opened  in  1801  by  the  Association  of 
Women  Friends  for  the  Relief  of  the  Poor  (generally  known  as  the 
Female  Association),  which  had  been  organized  in  1798  by  a  group 
of  benevolent  women  connected  with  the  Society  of  Friends.  The 
necessity  of  a  school  was  soon  perceived,  and  in  the  year  last  men- 
tioned it  was  decided  to  establish  a  school  for  the  education  of  poor 
children  whose  parents  belong  to  no  religious  society,  and  who, 
from  some  cause  or  other,  can  not  be  admitted  into  any  of  the 
charity  schools  of  this  city.  The  school  was  first  attended  by 
children  of  both  sexes,  but  after  a  short  trial  the  boys  were  dis- 
charged and  only  girls  admitted." 

Act  of  April  16,  1847,  Chapter  74 
An  act  authorizing  the  board  of  education  of  the  city  of  New 
York  to  establish  evening  free  schools  for  apprentices  and  others. 
This  act  provides  for  the  organization  and  support  of  an  evening 
school  for  the  gratuitous  education  or  instruction  of  apprentices 
and  others  whose  daily  avocations  are  such  as  to  prevent  their 
attending  the  public  or  ward  schools  now  provided  by  law. 

Act  of  April  II,  1848,  Chapter  228 

In  relation  to  school  district  12  in  the  towns  of  Milton  and  Balls- 
ton,  Saratoga  county,  directs  and  empowers  the  trustees  of  the 
schools  of  these  tv/o  villages  to  set  apart  from  the  school  moneys 
appropriated  to  such  district  an  amount  necessary  to  provide  instruc- 
tion for  the  children  under  the  age  of  sixteen  who  work  in  any 
manufacturing  establishment  in  that  district. 

Act  of  April  20,  1830,  Chapter  320 

The  method  of  an  apportionment  of  school  moneys  changed  so 
as  to  be  according  to  population.  It  has  been  enacted  that  any  per- 
son conceiving  himself  aggrieved  in  consequence  of  any  decision 
made  by  any  school  district  meeting,  or  by  the  trustees  in  refusing 
to  admit  any  scholar  gratuitously  into  any  school  that  such  may 


FREE    SCHOOLS  8l 

appeal  to  the  superintendent  of  the  common  schools  whose  decision 
thereon  shall  be  final. 

"At  the  beginning  of  the  nineteenth  century  the  spirit  of  popular 
education  was,  so  to  speak,  '  in  the  air,'  and  two  events  of  far- 
reaching  importance  were  about  to  take  place;  the  enactment  of  a 
law  providing  the  foundation  for  a  permanent  common  school  fund, 
and  the  establishment  of  the  Free  School  Society  in  this  city. 
These  events  render  the  year  1805  memorable  in  the  educational 
history  of  the  State."' 

Chapter  15,  Revised  Statutes  of  1827,  on  public  instruction  out- 
lines the  duties  of  the  trustees  of  free  school  district  (in  relation 
to  the  payment  by  pupils) 

"  To  exempt  from  the  payment  of  the  wages  of  teachers  such 
poor  persons  within  the  district  as  they  shall  think  proper. 

"  To  certify  such  exemptions  and  deliver  the  certificate  thereof  to 
the  clerk  of  the  district. 

"  To  ascertain  for  examination  of  the  school  lists  kept  by  such 
teachers  the  number  of  days  which  each  person  not  so  exempted 
shall  be  liable  to  pay  for  instruction  and  the  amount  payable  by  each 
person." 

Act  of  May  26,  1841,  Chapter  260 

"  The  trustees  of  any  school  district  may  exempt  any  poor  person 
from  the  payment  of  the  teacher's  wages  either  in  part  or  wholly 
and  shall  certify  the  whole  amount  of  such  exemption  in  any  one 
quarter  or  term  and  the  same  shall  be  charged  upon  such  district." 

Act  of  April  8,  1844,  Chapter  129 

In  this  act  a  provision  is  made  for  the  board  of  commissioners  in 
the  schools  of  Albany  to  provide  books  for  poor  pupils  and  to  make 
provision  for  such  pupils  who  can  not  pay  tuition. 

Act  of  April  8,  1844,  Clmpter  131 

Fixes  the  rate  of  tuition  fee  for  the  schools  of  the  city  of  Utica 
as  not  to  exceed  $2  a  term. 

New  York  Assembly  Documents,  1844,  Volum,e  2 

From  the  annual  report  of  the  Superintendent  of  Common 
Schools,  January  13,  1844,  it  is  interesting  to  note  the  individual 

*  The  New  York  Public  School,  by  A.  Emerson  Palmer,  page  15.  Mac- 
millan  Company,  1905. 


82  THE   UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 

reports  of  the  county  superintendents  in  their  attitudes  toward  the 
problem  of  free  schools  and  private  schools. 

Act  of  April  25,  1831,  Chapter  277 
Provides  that  the  superintendent  of  county  poor  houses  which 
now  are  or  hereafter  may  be  established  by  law  are  hereby  required 
to  cause  all  county  and  town  paupers  over  the  age  of  five  and 
under  the  age  of  sixteen  years  who  now  are  or  hereafter  may  be  in 
said  poor  houses  to  be  taught  and  educated  in  the  same  manner  as 
children  are  now  taught  in  the  common  schools  of  the  State,  at 
least  one-fourth  part  of  the  time  the  said  paupers  shall  remain  in 
said  poor  houses. 


FREE   SCHOOLS  83 

Chapter  5 

CONSTITUTIONAL  CONVENTION  (1846) 

During  the  year  1846  the  principle  of  free  schools  actually  became 
a  statewide  issue.  In  this  year  a  constitutional  convention  was  held 
and  the  question  arose  as. to  whether  the  constitution  should  sanc- 
tion free  schools  supported  by  taxes  on  property.  Even  before  this 
convention  opened,  the  press,  the  educational  workers  in  the  State 
and  many  prominent  citizens  were  much  interested  in  the  movement 
to  create  a  public  sentiment  which  would  urge  upon  the  convention 
the  adoption  of  such  an  amendment.  Practically  every  educational 
organization  had  already  passed  resolutions  advocating  such  a 
policy  and  in  this  year  both  political  parties,  the  Whigs  and  Demo- 
crats, had  adopted  resolutions  urging  the  amendment. 

The  following  addresses,  committee  reports,  proceedings  of  asso- 
ciations and  newspaper  articles  are  given  for  the  purpose  of  show- 
ing the  public  attitude  on  the  question  as  this  general  discussion 
reveals. 

Support  Free  Schools 

We  would  earnestly  recommend  to  the  public  attention  an  article  on  another 
page,  on  the  importance  of  supporting  "free  schools"  in  our  land,  from  a 
patriot  and  veteran  hero  of  the  Revolution,  which,  as  an  argument,  we  have 
never  seen  surpassed.  It  glows  with  burning  truth,  and  if  there  be  in  the 
statesmen  of  the  present  day  a  sufficiency  of  the  fire  of  patriotism  and  philan- 
thropy that  animated  the  bosom  of  MARION,  to  be  characterized  by  these 
hallowed  terms,  the  torch  of  his  reasoning  will  not  be  allowed  to  pass  into 
forgetfulness,  but  will  become  a  living  principle,  and  influence  their  action  in 
such  a  manner  as  will  speedily  bring  to  pass  an  amendment  of  our  common 
school  law  that  will  secure  impartial  and  sufficient  instruction  to  every  child 
in  the  community,  as  a  permanent  duty  to  the  race,  and  the  surest  safeguard 
of  the  Republic. 

For  ourself,  as  an  humble  advocate  of  Free  Schools,  we  feel  eminently 
honored  in  being  found  in  such  exalted  company,  with  such  distinguished 
supporters  of  like  opinions, —  and  while  we  rejoice  that  gradually  the  prin- 
ciple has  been  gaining  hold  of  the  people  of  the  State,  particularly  in  the  dense 
population  of  cities,  large  villages,  etc.,  we  imagine  our  present  law-makers 
could  easily  engraft  upon  and  extend  the  principle  to  our  whole  state,  without 
violence  to  any  right,  or  the  least  disregard  to  the  best  interests  of  the  people. 

By  the  law  of  1841,  sec.  14,  the  trustees  of  district  schools  are  authorized 
to  exempt  the  indigent  parents  from  paying  tuition  money,  and  tax  the  amount 
upon  the  property  of  the  district,  every  quarter,  or  half  yearlj'.  The  prin- 
ciple, then,  is  thereby  established,  that  property  is  to  be  taxed  for  the  education 
of  poor  children.    There  is  also  a  previous  provision  in  our  school  law,  which 


84  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

required  a  lax  upon  the  property  of  the  towns  equal  to  the  amount  of  pubUc 
money  furnished  by  the  State,  "  for  the  support  of  schools,"  which  is  devoted 
to  the  payment  of  teacher's  wages,  and  applies  to  all  the  children  in  the 
schools, —  so  that  all  persons  taught  for  the  last  thirty  years  in  our  common 
schools,  were  recipients  of  the  moneys  raised  directly  by  tax  for  their  edu- 
cation; and  thus,  there  can  be  no  boasting  one  over  tlie  other,  in  this  respect. 

But  why  all  this  complication,  and  diverse  arrangement,  and  collection  of 
these  funds?  Why  adhere  to  the  present  system,  when  it  is  known  to  operate 
unequally,  imperfectly,  and  without  success  in  many  districts, —  and  in  other 
respects  ineffectual,  in  comparison  with  the  free  school  organizations,  in  our 
cities  and  large  villages? 

The  fact  is  capable  of  daily  demonstration,  that  the  free  school  system  is 
far  superior,  by  its  constant  instruction  to  pupils  in  their  early  years  —  diffus- 
ing more  knowledge  in  less  time,  than  is  acquired,  as  a  general  thing  in  our 
county  districts, —  and  is  less  expensive  in  providing  education  for  the  chil- 
dren, either  pro  rata  or  per  capita, —  for  it  will  be  seen  by  the  report  of  Dr. 
Reese,  county  superintendent  of  schools  for  New  York,  in  1844,  that  the  en- 
tire expense  of  educating  a  child  attending  the  schools  of  the  Public  School 
Society  in  that  city,  including  tuition,  books,  stationery,  fuel,  insurance,  etc., 
amounted  to  only  four  dollars  and  forty  cents  per  annum!  While  at  the 
same  time,  we  are  confident  that  every  parent  in  the  county  of  Westchester, 
who  sent  his  child  to  a  district  school  the  whole  of  that  year,  and  who  paid 
the  ordinary  charge  of  the  rate  bill;  paid  more  than  that  amount  for  him, 
besides  having  previously  paid  the  annual  tax  levied  "  for  the  support  of 
schools,"  books,  etc.,  to  say  nothing  of  the  tax  for  building  the  schoolhouse 
and  the  additional  tax  for  the  exempt  children  of  the  poor.    .    .    . 

We  have  canvassed  this  system  in  our  own  mind,  and  have  watched  its 
operation,  until  we  are  perfectly  satisfied,  that  it  is  ineffective,  unsuccessful, 
and  unfitted  to  the  complete  and  proper  education  of  the  masses,  and  we 
therefore  earnestly  desire  the  adoption  of  a  more  simple  and  salutary  system 
of  public  instruction,  which  we  believe  can  be  adopted,  without  the  slightest 
inconvenience,  or  serious  dissatisfaction  to  the  taxpayers  of  the  State. 

Our  proposition,  to  which  we  respectfully  invite  the  attention  of  the  Legis- 
lature and  the  country  press,  is,  so  to  amend  the  14th  section  of  the  school 
law  of  1841,  that  it  shall  read,  "  the  trustees  of  each  school  district  shall  ascer- 
tain, after  the  payment  of  the  public  money  devoted  to  the  tuition  of  the 
pupils  of  such  school,  the  amount  due  to  the  teacher,  each  year,  and  certify 
said  amount  to  the  town  superintendent  of  schools,  on  or  before  the  first 
day  of  December,  and  the  said  amount  shall  become  a  charge  upon  the  town, 
and  be  assessed  by  the  supervisor,  in  the  same  manner  as  other  taxes  for 
expenses  of  the  town  are  levied,  and  to  be  paid  to  the  town  superintendent, 
and  by  him  paid  to  the  teacher  in  the  same  way  that  school  moneys  are  now 
paid,  by  provisions  of  the  law."  Then,  if  the  towns,  at  their  annual  meeting 
voted  the  "  equal  additional  sum,"  as  they  are  empowered  to  do,  the  balance 
levied  as  proposed  above  would  be  small;  if  they  did  not  do  so,  it  would  be 
greater;  but  in  no  case  equal  to  the  present  amount  paid  by  taxpayers,  who 
send  to  the  school  and  pay  a  rate  bill,  besides  the  present  taxes  for  those 
objects. 


FREE    SCHOOLS  85 

Let  it  not  be  urged  that  such  tax  would  be  unjust  upon  those  who  have 
educated  their  children,  under  the  rate  bill  system,  and  have  now  no  small 
children  to  participate  in  the  tax;  because,  we  have  shown,  that  their  children 
did  participate  in  their  proportion  of  the  public  money,  raised  as  now,  by  tax, 
and  if  not  to  the  extent  now  proposed,  it  was  the  fault  of  their  stinted  and 
shortsighted  policy;  and  they  only  suffer  in  degree  the  evil  of  imperfect  and 
unwise  legislation,  that  ought  to  be  abandoned  for  a  more  liberal  and  enlight- 
ened policy. 

The  illustrious  Marion  has  said  the  evils  of  war  were  fastened  upon  his 
native  State,  because  of  the  "  lack  of  knowledge  "  in  the  inhabitants !  Al- 
though we  have  not  these  particular  evils  hanging  upon  us  at  the  present  time, 
it  wilf  not  be  difficult  to  show  that  this  State  is  also  suffering  large  losses  in 
persons  and  property  through  ignorance  and  vice.  We  know  that  all  evils 
are  not  to  be  attributed  to  ignorance;  yet,  a  great  proportion  of  them  may 
be  avoided  by  a  proper  cultivation  of  the  intellect  and  understanding.  But 
our  object  is  just  now  to  show  that  ignorance  is  expensive.  An  intelligent 
gentleman  has  estimated  that  two  hundred  thousand  dollars  are  paid  annually 
in  this  country  to  lawyers, —  the  greater  proportion  of  which  comes  of  the 
want  of  knowledge  in  the  clients,  and  a  proper  regard  to  the  duties  of  life, 
and  social  intercourse.  Here  then,  we  have  a  tax  vastly  beyond  all  that  is  paid 
for  education  and  all  moral  influences  together;  and  shall  we  not  then,  in  a 
\vx>rd,  abandon  the  ruinous  practice  of  rearing  members  of  the  community,  to 
become  vicious  and  profitless  citizens,  and  thus  tax  the  prudent  and  prosperous 
portions  of  society  ten  fold  for  their  support  or  correction  afterwards? 

We  do  most  earnestly  urge  this  social  reform  upon  the  attention  of  the 
community,  and  point  them  again  to  the  truthful  and  thrilling  arguments  of 
the  patriotic  and  devoted  Marion,  in  their  support. — Westchester  Herald,  1846. 

The  following  extract  from  Colonel  Horry's  "Life  of  General 
Marion"  gives  the  remarks  of  General  Marion  to  which  reference 
is  made  in  the  above  editorial: 

I  often  went  to  see  Marion.  Our  evenings  were  spent  as  might  have  been 
expected,  between  two  old  friends  who  had  spent  their  better  days  together  in 
scenes  of  honorable  enterprise  and  danger.  On  the  night  of  the  last  visit  1 
ever  made  him,  observing  that  the  clock  was  going  for  ten,  I  asked  him  if  it 
were  not  near  his  hour  of  rest. 

"Oh  no,"  said  he,  "we  must  not  talk  of  bed  yet.  It  is  but  seldom,  you 
know  that  we  meet.  And  as  this  may  be  our  last,  let  us  take  all  we  can  of  it 
in  chat.    What  do  you  think  of  the  times f" 

"  Oh,  glorious  times  "  said  I. 

"  Yes,  thank  God "  replied  he,  "  they  are  glorious  times  indeed,  and  fully 
equal  to  all  that  we  had  in  hope  when  we  drew  our  swords  for  independence. 
But  I  am  afraid  they  won't  last  long." 

I  a.sked  him  why  he  thought  so. 

"Oh,  knowledge,  sir,"  said  he,  "is  wanting!  knowledge  is  wanting!  Israel 
of  old,  you  know,  was  destroyed  for  lack  of  knowledge;  and  all  nations,  all 
individuals,  have  come  to  naught  from  the  same  cause." 


86  THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

I  told  Kim  I  thought  we  were  too  happy  to  change  so  soon. 

"  Pshaw !"  replied  he,  "  that  is  nothing  to  the  purpose.  Happiness  signifies 
nothing  if  it  be  not  known  and  properly  valued.  Satan,  we  are  told,  was  once 
an  angel  of  light,  but  for  want  of  duly  considering  his  glorious  state,  he  re- 
belled and  lost  all.  And  how  many  hundreds  of  young  Carolinians  have  we 
not  known,  whose  fathers  left  them  all  the  means  of  happiness ;  elegant  es- 
tates; handsome  wives;  and  in  short  every  blessing  that  the  most  luxurious 
could  desire?  Yet  they  could  not  rest,  until  by  drinking  and  gambling,  they 
had  fooled  away  their  fortunes,  parted  from  their  wives,  and  rendered  them- 
selves the  veriest  beggars  and  blackguards  on  earth. 

"Now  why  was  all  this,  but  for  lack  of  knowledge f  For  had  those  silly 
ones  but  known  the  evils  of  poverty,  what  a  vile  thing  it  is  to  wear  a 
dirty  shirt,  a  long  beard  and  ragged  coat;  to  go  without  dinner  or  to 
sponge  for  it  among  growling  relations ;  or  to  be  bespattered,  or  run  over 
in  the  streets,  by  those  who  were  once  their  fathers'  overseers;  I  say 
had  these  poor  boobies,  in  the  days  of  their  prosperity,  known  these  things 
as  they  do  now.  would  they  have  squandered  away  the  precious  means  of 
independence  and  pleasure,  and  have  brought  themselves  to  all  this  shame 
and  sorrow?     No,  never,  never,  never. 

"And  so  it  is,  most  exactly,  with  nations.  If  those  that  are  free  and 
happy,  did  but  know  their  blessings,  do  you  think  they  would  ever  exchange 
them  for  slavery?  If  the  Carthagenians,  for  example,  in  the  days  of  their 
freedom  and  self-government,  when  they  obeyed  no  laws,  but  that  of  their 
own  making;  paid  no  taxes  but  for  their  own  benefit;  and  free  as  air, 
pursued  their  own  interest  as  they  liked;  I  say,  that,  if  that  once  glorious 
and  happy  people,  had  known  their  blessings  would  they  have  sacrificed 
them  all,  by  their  accursed  factions  to  the  Romans,  to  be  ruled,  they  and 
their  children,  with  a  rod  of  iron,  to  be  burthened  like  beasts,  and  cruci- 
fied like  malefactors?    No,  surely  they  would  not. 

"  Well  now  to  bring  this  home  to  ourselves.  We  fought  for  self-gevem- 
ment;  God  has  pleased  to  give  us  one,  better  calculated  perhaps  to  pro- 
tect our  rights,  to  foster  our  virtues,  to  call  forth  our  energies,  and  to 
advance  our  condition  nearer  to  perfection  and  happiness,  than  any  govern- 
ment that  was  ever  framed  under  the  sun. 

"  But  what  signifies  even  this  government,  divine  as  it  is  if  it  be  not  known 
and  prized  as  it  deserves?" 

I  asked  him  how  he  thought  this  was  best  to  be  done. 

"  Why  certainly,"  replied  he.  "  by  free  schools." 

I  shook  my  head. 

He  observed  it  and  asked  me  what  I  meant  by  that. 

I  told  him  I  was  afraid  the  legislature  would  look  to  their  popularity  and 
dread  the  expense. 

He  exclaimed  "God  preserve  our  legislature  from  such  'penny  wit  and 
pound  foolishness!'  What  sir?  Keep  a  nation  in  ignorance  rather  than 
vote  a  little  of  their  own  money   for  education!"    .    .    . 

I  sighed  and  told  him  I  wished  I  had  not  broached  the  subject  for  it 
made  me  very  sad. 

"Yes,"  he  replied,  "it  is  enough  to  make  anyone  sad.    But  it  cannot  be 


FREE    SCHOOLS  8/ 

helped  but  by  a  wiser  course  of  things;  for,  if  people  will  not  do  what  will 
make  them  happy,  God  will  surely  chastise  them ;  and  this  dreadful  loss 
of  public  property,  is  one  token  of  his  displeasure  at  our  neglect  of  public 
instruction.     .     .    . 

"  The  enormous  sacrifice  of  public  property,  in  the  last  war,  being  no 
more  as  before  observed  than  the  natural  effect  of  public  ignorance,  ought 
to  teach  us  that  of  all  sins,  there  is  none  so  hateful  to  God  as  national 
ignorance;  that  unfailing  spring  of  national  ingratitude,  rebellion,  slavery 
and  wretchedness! 

"  But,  if  it  be  melancholy  to  think  of  so  many  elegant  houses,  rich  furni- 
ture, fat  cattle,  and  precious  crops,  destroyed  for  want  of  that  patriotism, 
which  a  true  knowledge  of  our  interests  would  have  inspired;  then  how  much 
more  melancholy,  to  think  of  those  torrents  of  precious  blood  that  were 
shed,  those  cruel  slaughters  and  massacres,  that  took  place  among  the 
citizens  from  the  same  cause !  As  proof  that  such  hellish  tragedies  would 
never  have  been  acted  had  our  state  but  been  enlightened,  only  let  us  look 
at  the  people  of  New  England.  From  Britain  their  fathers  had  fled  to 
America  for  religion's  sake.  Religion  had  taught  them  that  God  created 
men  to  be  happy;  that  to  be  happy  they  must  have  virtue;  that  virtue  is 
not  to  be  attained  without  knowledge,  nor  knowledge  without  instruction, 
nor  public  instruction  without  free  schools,  nor  free  schools  without  legis- 
lative order. 

"Among  a  people  who  fear  God,  the  knowledge  of  duty,  is  the  same  as 
doing  it.  Believing  it  to  be  the  first  command  of  God  '  let  there  be  light,' 
and  believing  it  to  be  the  will  of  God  that  '  all  should  be  instructed,  from 
the  least  to  the  greatest,'  these  wise  legislators,  at  once  set  about  public 
instruction.  They  did  not  ask,  how  will  my  constituents  like  this?  won't 
they  turn  me  out?  shall  I  not  lose  my  three  dollars  per  day?  No!  but 
fully  persuaded  that  public  instruction  is  God's  will,  because  the  people's 
good,  they  set  about  it  like  the  true  friends  of  the  people. 

"  Now  mark  the  happy  consequence.  When  the  war  broke  out,  you  heard 
of  no  division  in  New  England,  no  toryism,  nor  any  of  its  horrid  effects; 
no  houses  in  flames,  kindled  by  the  hands  of  fellow-citizens,  no  neighbors 
waylaying  and  shooting  their  neighbors,  plundering  their  property,  carry- 
ing off  their  stock,  and  aiding  the  British  in  the  cursed  work  of  American 
murder  and  subjugation.  But  on  the  contrary,  with  mind's  well  informed 
of  their  rights  and  hearts  glowing  with  love  for  themselves  and  posterity, 
they  rose  up  against  the  enemy,  firm  and  united,  as  a  band  of  shepherds 
against    the    ravening    wolves. 

"And  their  valor  in  the  field  gave  glorious  proof  how  men  will  fight, 
when  they  know  that  their  all  is  at  stake.  See  Major  Pitcairn,  on  the 
memorable  19th  of  April.  1775,  marching  from  Boston,  with  one  thousand 
British  regulars,  to  burn  the  American  stores  at  Concord.  Though  this 
heroic  excursion  was  commenced  under  cover  of  night,  the  farmers  soon 
took  the  alarm,  and  gathering  around  them  with  their  fowling-pieces,  pres- 
ently knocked  down  one- fourth  of  their  number  and  caused  the  rest  to 
run,  as,  if,  like  the  swine  in  the  gospel,  they  had  a  legion  of  devils  at  their 
backs. 


88  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

"  Now  with  sorrowful  eyes,  let  us  look  to  our  own  State,  where  no  pains 
were  ever  taken  to  enlighten  the  minds  of  the  poor.  There  we  have  seen 
a  people  naturally  as  brave  as  the  New  Englanders,  for  mere  lack  of  knowl- 
edge of  their  blessings  possessed  or  their  dangers  threatened,  suffer  Lord 
Cornwallis,  with  only  sixteen  hundred  men  to  chase  General  Greene  upwards 
of  three  hundred  miles!  In  fact,  to  scout  him  through  the  two  great 
states  of  South  and  North  Carolina  as  far  as  Guilford  court  house!  And 
when  Greene,  joined  at  that  place  by  two  thousand,  poor,  illiterate  militia 
men,  determined  at  length  to  fight,  what  did  he  gain  by  them  with  all  their 
numbers  but  disappointment  and  disgrace?  For  though  posted  very  advan- 
tageously behind  the  corn  field  fences,  they  could  not  stand  a  single  fire 
from  the  British,  but  in  spite  of  their  officers,  broke  and  fled  like  base 
born  slaves,  leaving  their  loaded  muskets  sticking  in  the  fence  corners. 

"  But  from  this  shameful  sight,  turn  again  to  the  land  of  free  schools; 
to  Bunker  Hill.  There  behind  a  poor  ditch  of  half  a  night's  raising,  you 
behold  fifteen  hundred  militia  men  waiting  the  approach  of  three  thousand 
British  regulars,  with  a  heavy  train  of  artillery!  With  such  odds  against 
them,  with  such  fearful  odds  in  numbers,  discipline,  arms  and  martial  fame, 
will  they  not  shrink  from  the  contest,  and  like  their  southern  friends, 
jump  up  and  run?  Oh  no!  to  a  man,  they  have  been  taught  to  read;  to  a 
•"an,  they  have  been  instructed  to  know,  and  dearer  than  life  to  prize  the 
blessings  of  freedom.  Their  bodies  are  lying  behind  ditches  but  their 
thoughts  are  on  the  wing,  darting  through  eternity.  The  warning  voice  of 
God  still  rings  in  their  ears.  The  hated  forms  of  proud  merciless  kings,  pass 
before  their  eyes.  They  look  back  to  the  days  of  old,  and  strengthen 
themselves  as  they  think  what  their  gallant  forefathers  dared  for  LIBERTY 
and  for  THEM.  They  looked  forward  to  their  own  dear  children,  and  yearn 
over  the  unoffending  millions,  now,  in  tearful  eyes,  looking  up  to  them  for 
protection.  And  shall  this  infinite  host  of  deathless  beings,  created  in  God's 
own  image  and  capable  by  virtue  and  equal  laws  of  endless  progression  in 
glory  and  happiness;  shall  they  be  arrested  from  their  high  career,  and  from 
the  free-born  sons  of  God,  be  degraded  into  the  slaves  of  man?'  Madden- 
ing at  the  accursed  thought,  they  grasp  their  avenging  firelocks  and  drawing 
their  sights  along  the  death-charged  tubes,  they  long  for  the  coming  up  of 
the  British  thousands.  Three  times  the  British  thousands  came  up ;  and  three 
times  the  dauntless  yeoman  waiting  their  near  approach,  received  them  with 
storms  of  thunder  and  lightning  that  shivered  their  ranks,  and  heaped  the 
fields  with  their  weltering  carcases. 

"In  short,  my  dear  sir,  men  will  always  fight  for  their  government,  accord'- 
ing  to  their  sense  of  its  value.  To  value  it  aright,  they  must  luidcrstand  it. 
This  they  can  not  do  without  education.  And  a  large  portion  of  the  citizens 
are  poor  and  never  can  attain  that  inestimable  blessing  without  the  aid  of 
government  to  bestow  it  freely  upon  them.  And  the  more  perfect  the  gov- 
ernment, the  greater  the  duty  to  make  it  well  known.  Selfish  and  oppressive 
governments  indeed,  as  Christ  observes,  '  must  hate  the  light  and  fear  to 
come  to  it,  because  their  deeds  are  evil.'  But  a  fair  and  cheap  government, 
like  our  Republic  '  longs  for  the  light,  and  rejoices  to  come  to  the  light,  that 
it   may  be  manifested  to  be  from  God,'   and  well   worth  all   the  vigilance 


FREE   SCHOOLS  89 

and  valor  that  an  enlightened  nation  can  rally  for  its  defense.  And  God 
knows,  a  good  government  can  hardly  ever  be  half  anxious  enough  to  give  its 
citizens  a  thorough  knowledge  of  its  own  excellencies.  For  as  some  of  the 
most  valuable  truths,  for  lack  of  careful  promulgation,  have  been  lost,  so  the 
best  governments  on  earth,  if  not  duly  known  and  prized,  may  be  subverted. 
Ambitious  demagogues  will  rise,  and  the  people  through  ignorance  and  love 
of  change,  will  follow  them.  Vast  armies  will  be  formed,  and  bloody  battles 
fought.  And  after  desolating  their  country  with  all  the  horrors  of  civil  war, 
the  guilty  survivors  will  have  to  bend  their  necks  to  the  iron  yoke  of  somt 
stern  usupcr;  and  like  beasts  of  burden,  to  drag  unpitied,  those  galling 
chains  which  they  have  riveted  upon  themselves  for  ever." 


Professor  Potter's  Address 

Prof.  Potter,  of  Union  College,  addressed  the  school  convention  on  Thurs- 
day evening.  With  the  whole  subject  of  education  he  is  perfectly  familiar, 
and  probably  feels  as  much  interested  in  the  improvement  of  schools  as  any 
other  individual  that  could  be  named.  He  has  done  much  for  the  advance- 
ment of  popular  education,  and  v/e  trust  he  will  long  continue  to  labor  in 
so  important  a  field. 

The  professor  spoke  of  the  great  effort  that  has  been  made,  and  is  now 
making,  to  improve  our  common  schools.  Much  has  been  done,  but  a  great 
work  is  yet  to  be  accomplished.  He  spoke  of  the  claims  of  the  system  upon 
the  public  at  large.  It  is  important  to  the  general  welfare  and  prosperity 
of  the  people,  that  the  entire  population  of  the  country  be  educated.  He  drew 
a  comparison  between  the  people  of  the  United  States,  individually,  as  mem- 
bers of  the  great  partnership  company  styled  the  "  United  States  of  America," 
and  a  common  business  co-partnership.  In  order  for  any  business  partnership 
to  be  prosperous  there  must  be  intelligence  on  the  part  of  the  individual  part- 
ners. So,  also,  must  there  be  intelligence  on  the  part  of  the  people  who 
compose  the  great  United  States  partnership.  The  question  was,  then,  what 
course  should  be  pursued  in  order  that  the  people  may  become  an  intelligent 
and  virtuous  people  ?  The  answer  is  obvious :  We  must  have  schools  — 
good  common  Schools. 

The  importance  of  free  schools  was  strongly  urged.  The  happy  results 
of  the  free  school  system  in  this  city,  were  cited  as  an  instance.  The  number 
of  scholars  in  the  city  schools  had  increased  nearly,  or  quite  one-half. 

"  The  public,"  said  Prof.  P.  "  must  either  tax  itself  for  knowledge,  or  be 
taxed  for  ignorance." 

Good  schools  will  have  a  powerful  tendency  to  prevent  the  commission 
of  crime.  To  the  manufacturer  it  is  of  vast  importance  that  the  operatives 
in  his  employ  should  he  intelligent.  Facts,  in  all  manufacturing  districts 
go  to  show  the  great  saving  to  the  employer,  whose  operatives  are  intelligent. 

One  manufacturer  in  Massachusetts,  by  employing  a  more  intelligent  class 
of  hands  than  he  had  been  accustomed  to,  had  increased  the  profits  of  his 
establishment  one-twelfth. 


90  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

Free  Schools 

A  few  petitions  were  forwarded  to  the  last  Legislature,  asking  that  the 
district  schools  of  the  State  be  made  free.  The  committee  on  colleges, 
academics  and  common  schools  in  the  Assembly,  of  which  Mr.  M.  H.  Brown 
was  chairman,  noticed  the  petitions  and  spoke  of  free  schools  as  follows: 

"There  are  petitions  in  the  hands  of  the  committee,  asking  that  the  '  common 
schools  be  made  free  schools ;'  that  the  education  of  the  State  be  made  a 
tax  upon  the  property  of  the  State.  These  petitions  should  be  regarded  with 
favor.  They  ask  for  that  which  would  render  our  common  school  system 
perfect.  While  it  would  render  the  system  more  perfect,  it  would  also  render 
it  more  simple  and  obviate  the  objection  to  our  common  school  laws  that 
they  are  too  complicated.  Men  of  property,  when  they  consider  their  true 
interests,  will  require  that  education  in  our  primary  schools  be  made  free, 
in  order  that  every  child  in  the  State  may  have  the  privilege  of  attending 
them.  Such  a  provision  would  tax  them,  but  that  tax  would  be  returned 
with  ten  fold  interest.  Property  and  life  would  be  more  valuable  in  the 
same  ratio  that  the  community  shoiild  become  more  intelligent  and  virtuous. 
Money  expended  for  the  advancement  of  general  education,  is  money  wisely 
and  safely  as  well  as  benevolently  invested. 

"  While  the  committee  believe  that  our  common  schools  will  never  reach 
that  state  of  perfection  of  which  they  are  susceptible,  until  the  "  free  system  " 
is  adopted,  they  also  believe  that  every  advance  toward  that  desideratum  in 
public  instruction,  will  be  eflfectually  and  permanently  secured  by  being 
based  in  public  favor.  In  a  country  where  the  will  of  the  people  is  the 
only  legitimate  law  giver,  legislation  will  be  powerless  in  the  work  of 
reformation,  except  its  efforts  be  sustained  by  the  stroing  arm  of  public 
opinion.  It  is  not,  therefore,  safe  to  take  legislative  action  in  any  instance 
affecting  the  State  generally,  unless  it  be  founded  on  a  strong,  unequivocal 
and  decided  expression  of  the  will  of  the  people.  The  fact  that  petitions  have 
been  presented  praying  for  so  important  an  improvement  in  relation  to  our 
primary  schools,  constitutes  a  new  era  in  the  history  of  public  instruction 
in  this  State.  It  is  to  be  hoped  that  the  attention  of  the  people  will  be 
awakened  on  this  subject  and  that  we  shall  soon  receive  expressions  decisive 
enough  to  warrant  the  favorable  action  of  the  Legislature.  Argument  is 
unnecessary  for  the  purpose  of  showing  the  benefits  of  the  system  of  "  free 
schools."  Our  sister  state  of  Massachusetts  is  an  illustrious  and  enviable 
example  of  what  the  system  is  able  to  affect.  No  where  in  this  western 
world  are  there  better  schools  and  a  more  intelligent  community  than  in 
that  State,  whose  name  is  associated  with  the  landing  of  the  pilgrims.  That 
system  would  do  as  much  for  New  York  as  it  has  done  and  is  now  doing 
for  Massachusetts,  and  when  the  people  call  for  it  the  Legislature  will 
doubtless  be  prompt  to  answer  the  call." — Teachers  Advocate,  February  4,  1846. 

Mr.  J.  J.  Rockafellow,  county  superintendent  of  northern  Allegany,  in  his 
annual  report  referred  as  foillows  to  free  schools: 

"  For  two  of  the  above  maladies  —  incompetent  teachers  and  short  terms  — 
I  can  think  of  no  more  speedy  and  eflfectual  remedy,  than  the  introduction  of 
a  system  of  free  public  schools. 


ALOXZO  POTTER  D.D.  LL.D. 
Bishop  of  Pennsylvania 


FREE   SCHOOLS  pi 

"  By  this  I  mean  no  untried  or  uncertain  system  but  such  as  has  been  in 
successful  operation  for  the  last  few  years,  in  several  of  our  large  cities 
and  neighboring  states.  One  that  shall  support  our  schools  by  taxation 
instead  of  "Rate  Bill."  Of  late,  I  have  taken  occasion  to  bring  this  subject 
before  the  people,  at  every  educational  meeting  of  our  country.  It  elicits 
much  interest  from  the  patrons  of  schools  and,  I  think,  meets  with  the  appro- 
bation of  a  large  majority  of  them.  To  this  system  there  are  doubtless  some 
valid  objections.  But  I  think  they  are  fully  met  by  the  consideration  that 
it  would  secure  longer  terms  and  a  still  more  efficient  body  of  teachers. 
Many  other  strong  considerations  might  be  adduced  in  its  favor,  but  this 
one  alone,  I  deem  sufficiently  weighty  to  overbalance  all  oibjections  that  can 
be  brought  against  the  system.  Now  in  our  own  country  and  also  in  many 
others  —  children  are  kept  at  school  but  a  little  more  than  seven  months  dur- 
ing the  year  and  then  left  to  suffer  the  consequences  of  a  long  intellectual 
famine.  Were  these  same  schools  supported  entirely  by  a  tax  upon  property, 
we  have  every  reason  to  believe  that  they  would  be  kept  open  as  many  months 
in  the  year  as  practicable.  Besides,  no  excuse  could  then  be  found  for  the 
employment  of  unqualified  teachers  because  they  are  '  cheap.' " 

On  the  score  both  of  equity  and  expediency,  it  appears  to  me  that  the  prop- 
erty of  the  State  should  educate  the  children  of  the  State. 

Mr  Pierpont  Potter,  county  superintendent  of  Queens  county,  in  his  annual 
report  for  1846  wrote  as  follows : 

"  In  my  former  reports,  I  have  enumerated  the  obstacles  which  obstruct 
the  prosperity  of  the  common  schools,  and  particularly  in  the  village  of 
Jamaica.  The  difficulties  mentioned  in  those  reports  still  continue.  I  know 
of  no  remedy  but  to  make  the  common  schools  free.  I  am  sometimes 
inclined  to  think  that  we  have  just  about  enough  of  the  public  money  to 
create  wrangling  among  the  inhabitants.  I  hope  that  the  day  is  not  far 
distant  when  we  shall  be  able  to  say  —  there  is  the  common  school  and  there 
is  your  tax  —  send  your  children  to  school  or  keep  them  home,  there  will 
be  no  difference  in  the  expense.  I  have  witnessed  more  than  one  instance 
under  the  present  system,  where  one  dr  two  wealthy  individuals,  from  some 
trifling  offense,  withdrew  their  children  from  the  common  school  in  the 
vicinity,  and  sent  them  either  to  a  select  or  boarding  school,  which  act  so 
alarmed  others  in  the  district,  that  they  withdrew  their  children  through 
fear  of  being  compelled  to  pay  a  very  high  rate  hill.  The  result  of  all  these 
evils  was  that  those  who  had  the  patriotism  and  the  firmness  to  adhere  to 
the  common  school,  were  compelled  to  pay  six  or  seven  dollars  per  scholar 
for  one  quarter's  tuition.  Now,  by  having  the  common  schools  free,  these 
evils  could  not  occur.  Make  the  common  schools  free,  and  then  should  ever 
so  many  wealthy  pupils  be  withdrawn,  no  injury  to  the  common  school 
could  arise  as  the  support  of  the  school  would  remain. 

"The  plan  has  been  sufficiently  tried  in  a  sister  state  (Massachusetts)  and 
the  wisdom  of  the  plan  has  been  amply  proved  by  the  lapse  of  time.  Indeed,  I 
am  convinced  from  four  years  experience  as  the  County  Superintendent,  that 
our  common  schools  must  be  Free,  supported  entirely  at  the  public  expense 
before  they  will  or  can  answer  the  purpose  for  which  they  are  designed." — 
Teachers  Advocate,  April  22,  1846. 


92  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

State  Convention  for  Revising  the  Constitution  and  the  School 

System 

Were  there  no  higher  motives  than  those  of  economy,  to  which  an  appeal 
for  a  free  school  system  could  be  made,  the  question  would  hardly  admit 
of  doubt.  There  is  a  class  in  society  who  never  decide  on  the  merits  of  any 
proposition  until  influenced  by  metallic  arguments;  they  never  regard  with 
favor  the  general  good,  whenever  it  conflicts,  as  they  suppose,  with  their 
own  private  interest,  and  therefore,  without  any  examination  of  this  sub- 
ject, stand  arrayed  against  this,  the  noblest  among  the  important  reforms 
contemplated  by  the  advocates  of  a  new  and  better  fundamental  law  for 
this  State.  There  are  those  who  oppose  or  view  with  callous  indifference, 
this  proposition,  merely  because  they  fear  an  increase  of  taxation.  We 
therefore  present  a  few  statistics  containing  strong  and  impressive  arguments 
for  those  of  our  fellow  citizens  who  are  willing  to  live  the  mere  pensioners 
upon  society  —  striving  with  a  zeal  that  increases  with  each  passing  hour 
to  garner  up  the  emoluments  afforded  by  a  well-organized  government  with- 
out contributing  to  its  support,  and  who  aim  at  reaping  a  rich  harvest  from 
the  progress  of  civilization  without  the  least  disposition  to  encourage  those 
appHances  by  which  society  is  to  be  elevated.  These  statistics  enable  us  to 
form  an  estimate  of  the  comparative  expense  of  the  rate-bill  and  the  free 
school  system,  which  will  approximate  to  accuracy,  when  extended  to  the 
whole  state;  an  estimate  which  will  induce  the  mere  worshipper  of  money 
to  give  support  to  this  reform.  We  take  the  following  from  the  Westchester 
Herald,  which  presents  the  subject,  as  far  as  it  relates  to  the  economy  of 
the  plan,  in  its  true  light."  In  the  subjoined  table  "  side  by  side,  stand  the 
present  prevaiHng  system  of  the  rate-bill,  for  the  support  of  schools,  and  the 
free  system  of  taxing  property  for  their  support,  and  opening  the  door  for 
all  who  will  attend.  Take  from  this  table  for  instance,  Albany,  with  her 
rate-bill;  and  Rochester,  with  her  free  system;  in  the  first  case  two-sixths  of 
the  children  are  educated  —  in  the  other  five-sixths  of  the  children  are 
educated.  Again  the  average  cost  per  scholar,  is,  of  course,  materially 
greater  under  the  rate-bill,  than  under  the  free-school  plan,  as  shown  in  the 
table,  Albany  paying  $5.47  and  Rochester  paying  from  her  property-tax, 
$3.99  for  each  child  taught.  Both  cities,  no  doubt,  have  well-qualified  teachers, 
and  in  sufficient  numbers,  while  the  children  make  excellent  progress;  yet  it 
will  be  observed  that  the  highest  price  of  tuition  money  paid  to  their  teachers 
in  the  two  cities  does  not  materially  vary,  considering  the  cost  of  living 
in  these  places. 

"  On  the  point  of  economy,  therefore,  as  well  as  duty,  we  would  respectfully 
urge  upon  the  public  attention  the  working  of  the  free  schools  of  this  State, 
now  sufficiently  tested  by  experience  —  not  saying  at  present  anything  of  the 
advantages  conferred  upon  the  population  of  other  states,  where  its  principles 
are  more  generally  practised  upon,  but  simply  presenting  as  has  been 
said,  the  plea  of  economy,  utility,  and  universal  improvement." 


FREE   SCHOOLS 


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94  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

It  will  be  sccu  by  the  above  tabic  that  the  amount  per  scholar  where  the 
free  school  system  exists  is  nearly  one-third  less  than  that  paid  for  no 
better  instruction  under  the  rate-bill  system.  This  has  been  observed  by 
the  sound  political  economists  of  some  places  and  has  induced  them  to  seek 
for  such  special  legislation  as  would  give  them  a  local  free  school  system. 
Wherever  it  has  been  adopted  in  this  State  and  faithfully  carried  out,  the 
people  are  unanimously  in  favor  of  it.  We  have  never  heard  of  a  single 
objection  to  the  system  where  it  had  been  well  worked.  The  only  complaint 
in  the  city  of  Rochester  arises  from  an  oversight  or  mistaken  policy  of  the 
board  of  education.,  by  which  a  deficiency  occured  in  raising  a  fund  sufficient 
to  sustain  the  schools  during  the  whole  year.  To  extricate  themselves  from 
this  difficulty,  the  Board  passed  a  resolution  changing  the  commencement  of 
the  fiscal  year  from  the  20th  of  May  to  the  ist  of  September,  causing  a 
vacation  in  the  schools  of  three  months.  This  is  censured  and  is  censurable, 
not  because  the  beginning  of  the  fiscal  year  was  changed,  but  because  the 
people's  schools  were  to  be  closed  during  this  period.  This  measure  placed 
them  back  on  the  pay  system  and  on  that  account  is  sincerely  deprecated  by 
a  large  majority  of  the  citizens  of  our  Queen  City.  They  complain  because 
they  are  deprived  of  the  benefits  of  an  admirable  system  for  three  months  — 
an  exigency  which  may  never  occur  again.  The  very  complaints  growing  out 
of  the  operations  of  the  system  in  this  city  are  strong  arguments  for  its 
general  adoption  and  vigorous  support. 

The  Superintendent  of  Common  Schools  gives  the  following  estimate  of 
the  whole  annual  expense  of  our  schools,  which  he  regards  as  a  close  approxi- 
mation to  accuracy  . 

Interest  at  7  per  cent  on  l3,ii5,5go.ss,  the  cost  of  schoolhouses  etc.,  as  returned 

by  the  marshals  appointed  to  take  the  census $218  091  33 

Fuel  for  10,837  districts  at  18  for  each 86  696  . . 

Fee  of  collectors  on  1222,218  raised  by  tax  at  3  per  cent 6  666  54 

Fees  for  collecting  1458,127  on  rate  bills  at  s  per  cent 22  906  53 

Repairs  of  schoolhouses,  average  $4  each 44  072  . . 

Compensation  of  town  superintendents  and  town  officers,  supervisors  and  town 

clerks,  say 2S  Soo  . . 

County  superintendents  of  common  schools 28  000  . . 

Total  estimated  expenses I43 1  902  22 

Add  amount  actually  expended  as  ascertained  by  the  returns  of  1844,  including  for 

libraries 997  723  92 

Making  an  aggregate  expenditure  of $1  429  626  14 


for  the  support  of  schools  exclusive  of  books  and  stationery  for  the  use  of 
the  scholars.  Divide  the  above  sum  by  676,732,  the  number  of  scholars 
instructed,  and  the  average  cost  for  each  child  is  $2.11. 

The  above  estimate  and  statement  is  based  on  data,  excluding  New  Yoirk, 
where  the  schools  are  all  free,  and  the  laws  peculiar  and  local.  It  should  be 
remembered  that  the  average  time  the  schools  were  taught  the  past  year,  is 
about  eight  months,  and  it  is  proper  to  observe  that  in  order  to  have  the 
tuition  bills  low,  it  is  only  needful  that  all  the  children  of  the  district  should 
attend  the  school  promptly  and  diligently  the  whole  term.  Let  those  parents 
whose  circumstances  call  for  the  exercise  of  exemptions  be  excused  from 
paying,  and  a  tax  levied  on  the  taxable  property  of  the  district,  to  meet 
the  expense  of  the  tuition  of  the  exempted  scholars ;  and  the  whole  outlay 
for  instruction  and  the  contingent  charges  for  supporting  the  present  organ, 
ization,  will  not  much  exceed  two  dollars  for  each  child  over  five  and  under 


FREE   SCHOOIS  95 

sixteen  years  of  age ;  a  less  sum  than  it  would  cost  to  maintain  a  pupil  at  an 
academy  or  select  and  private  school  one  quarter  of  the  year." 

It  will  be  seen  by  the  above  estimate  that,  if  a  system  could  be  adopted 
which  would  induce  general  attendance,  the  expense  of  educating  each  child 
would  be  far  below  the  average  cost,  even  in  those  places  now  under  a 
free  school  system.  It  is  the  want  of  general  attendance  which  increases  the 
rate  bills  and  makes  the  burdens  onerous.  Remove  all  these  inducements 
to  keep  children  from  school,  by  making  the  property  of  the  town  support 
the  schools,  instead  of  those  who  send  their  children  to  them,  and  there 
will  be  the  same  motive  in  a  pecuniary  point  of  view,  to  induce  general  attend- 
attce  which  so  often  and  so  criminally  prevents  it.  The  terrors  of  a  high 
rate  bill  will  vanish  and  the  people  will  sustain  good  schools  at  a  less  expense 
than  is  now  paid  for  such  as  too  many  deem  worthless,  and  which  whether 
good  or  poor,  do  not  meet  the  end  of  their  creation,  because  large  numbers  are 
denied  the  enjoyment  of  their  privileges. 

Let  the  requisite  amount  be  raised  by  direct  taxation  or  by  increasing  the 
common  school  fund,  from  permanent  revenues,  so  that  it  shall  be  sufficient 
to  meet  the  deficiency  raised  by  rate  bills,  and  cheaper,  more  efficient  and 
more  extensive  educational  privileges  will  be  given  to  the  rising  thousands, 
who  are  soon  to  control  the  affairs  of  the  State,  and  whose  influence  for 
good  upon  our  whole  country  and  the  world,  will  be  strictly  proportionate 
to  the  means  employed  to  train  them  up  for  usefulness. — Teachers  Advorate, 
May  6,  1846 

State  Convention  for  Revising  the  Constitution  and  the  School 

System 

From  the  tables  and  estimates  in  our  last,  it  may  be  inferred  that  the 
expense  of  educating  all  the  children  of  the  State,  under  a^  energetic  free 
school  system,  will  not  exceed  that  now  paid  for  less  than  two-thirds  of  the 
number,  under  the  present  rate  bill  plan.  We  leave  this  view  of  the  question, 
as  a  wise  civil  policy  demands  something  more  than  a  mere  reduction  of  its 
expenses;  it  requires  that  an  immense  amount,  now  paid  for  the  relief  of 
pauperism,  the  punishment  of  criminals,  and  the  support  of  standing  armies, 
should  be  appropriated  to  a  more  delightful  and  humane  work  —  one  that 
brings  blessings  to  society  instead  of  curses,  by  the  promotion  of  universal 
intelligence  and  virtue.  All  our  punitory  measures  are  designed  to  check 
and  restrain  vice;  the  machinery  by  which  society  is  to  be  kept  in  a  quiet 
and  tranquil  state,  aims  not  at  improvement;  it  is  defective  and  expensive; 
it  frequently  hardens  the  offender,  and  entails  upon  the  youth,  far  more 
vicious  habits  than  those  of  their  fathers,  consequently  will  demand  a  larger 
number  of  officers,  courts  and  prisons,  to  preserve  the  public  peace.  These 
appliances  may  be  effectual,  though  at  great  expense,  to  restrain;  but  they 
can  never  improve  society,  for  they  do  not  contain  the  elements  of  human 
advancement. 

It  has  been  wisely  remarked,  that  if  "  crime  were  regarded  the  greatest 
luxury,  not  one.  indulged  in  by  our  citizens,  is  half  so  expensive."  Even  the 
most  sharp  sighted  worldly  policy  dictates  any  expenditure,  therefore,  neces- 
sary to  educate  every  child. 


96  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

Some  of  the  objections  urged  against  the  free  school  system  by  those  who 
desire  the  advancement  of  society,  are  based  upon  the  principle  that  "  a  thing 
is  to  be  valued  by  its  cost."  That  which  is  directly  free  of  expense,  will  be 
unappreciated  and  neglected.  The  real  worth  and  not  the  cost  of  a  thing  is, 
and  should  be  made  the  true  standard  by  which  society  should  make  its 
estimates.  It  is  so  in  other  matters  and  should  be  so  in  regard  to  education. 
But  we  have  direct  evidence  of  a  contrary  effect  of  the  free  school  system. 
In  the  third  annual  report  of  the  superintendent  of  the  common  schools  of 
the  city  of  Buffalo,  for  the  jear  1839,  we  find  strong  testimony  in  favor  of 
the  general  attendance  of  the  children  and  the  respect  of  the  people  for  the 
free  schools.  The  following  extract  is  proof  that  the  privileges  it  affords  will 
be  appreciated,  even  when  given  without  cost: 

"  The  system  now  in  operation,  has  thus  far  succeeded  beyond  the  most 
sanguine  hopes  of  its  projectors  and  friends  —  its  good  effects  are  already 
apparent,  from  the  desire  to  obtain  admission  into  the  schools,  the  prompt 
and  constant  attendance  of  their  children,  and  their  correct  and  orderly 
deportment  while  under  the  authority  of  the  Teachers.  Its  general  good 
effects  upon  the  character  of  our  active  population,  cannot  but  be  in  the 
highest  degree  beneficial,  and  the  benefits  to  be  hereafter  derived  from  it, 
will  be  in  exact  proportion  with  the  support  and  countenance  which  it  may 
receive  from  the  city  authorities,  and  an  enlightened  community.  The  system 
adopted  is  the  only  one  which  can  successfully  bring  home  the  benefits  of 
education  equally  to  all;  and  the  only  question  is,  whether  the  thousands  of 
children  in  this  city  shall  be  educated  by  means  of  the  free  schools,  or 
whether  a  large  majority  shall  grow  up  in  ignorance  and  vice,  and  thus 
become  a  source  of  expense  under  our  criminal  statutes." 

The  same  superintendent,  after  four  years  official  acquaintance  with  the 
workings  of  the  system  in  that  city,  remarks  in  his  report  of  1844,  that 
"  public  sentiment  was  never  more  united  on  any  subject  of  local  interest, 
than  it  now  is  upon  the  subject  of  our  free  school  system.  Its  success  has 
disarmed  the  opposition  of  open  enemies,  and  the  objections  of  doubtful 
friends,  and  nothing  now  remains  but  for  the  authorities  by  judicious  and 
well  considered  additional  departments,  to  bring  our  system  of  Free  School 
education  to  a  state  of  perfection  and  usefulness  which  will  rival  any  other 
city  within  the  borders  of  the  Republic." 

Experience  abundantly  proves  the  soundness  of  the  policy,  as  tested  in 
our  own  State,  to  be  more  economical,  more  efficient  and  better  adapted  to 
the  wants  of  society,  than  any  other  which  can  be  adopted.  It  tends  to 
level  upward  children  of  different  classes,  and  would  soon  banish  the  false 
and  silly  distinctions  which  the  arrogant  few  would  make,  and  thus  implant 
sentiments  suited  to  a  free  government.  Mr  Steele,  in  one  of  his  reports, 
wisely  says,  "  the  sovereignty  of  the  people  is  unquestioned,  and  the  doctrine 
of  universal  suffrage  is  too  firmly  established  to  fear  any  curtailment  of 
its  privileges.  The  great  importance  of  having  universal  education  at  all 
times  co-equal  with  universal  suffrage,  must  be  obvious  to  every  reflecting 
mind;  and  the  doctrine  that  the  property  of  the  country  should  pay  for  the 
education  of  the  people  thereof,  may  justly  be  adopted  as  the  only  safe  and 
true  policy  for  the  country  to  adopt.     The  property  holder,  paying  the  per- 


FREE    SCHOOLS  97 

centage  upon  his  property  required  to  disseminate  universal  education  among 
the  people,  pays  but  a  trifling  premium  for  the  insurance  of  the  increased 
stability  and  protection  of  his  property,  and  the  permanence  of  the  institu- 
tions under  which  it  was  accumulated." 

No  system  of  public  instruction  is  worthy  of  legislative  support  which  does 
not  aim  at  spreading  the  blessing  of  knowledge  and  virtue  to  every  child 
in  the  State.  The  greatest  good  to  the  greatest  number,  is  the  only  maxim 
worthy  the  name  of  democracy.  What  more  efficient  way  can  there  be  of 
carr>'ing  this  sound  republican  sentiment  into  practice,  than  by  a  liberal 
and  wisely  framed  free  school  system. 

The  advance  of  political  science  in  this  country,  is  the  result  of  experience 
in  self-government.  The  object  of  our  national  policy  is  not  so  much  to 
enrich  and  agrandize,  as  to  ameliorate  the  sufferings,  multiply  the  comforts, 
remove  the  evils,  extend  the  privileges,  and  elevate  the  character  of  the  man. 
A  republic  based  upon  any  other  than  the  universal  diffusion  of  knowledge 
and  virtue,  cannot  be  made  a  government  securing  equal  rights  and  pro- 
tection to  all  its  subjects.  The  first  and  highest  aim,  therefore,  should  be  to 
adopt  the  most  direct  and  efficient  measures  for  the  correct  education  of 
every  child,  whether  born  in  affluence  or  cradled  in  poverty,  in  the  same 
schools.  A  distinction  in  the  character  of  our  schools  is  the  most  powerful 
agency  by  which  an  invidious  classification  is  made  in  the  community,  one 
that  gives  an  adulatory  regard  for  certain  employments,  and  imposes  a  dis- 
respect upon  others,  perhaps  far  more  useful  to  society,  and  therefore  in 
themselves  the  most  honorable.  Our  system  of  instruction  and  school  privi- 
leges, should,  on  this  account,  if  no  other,  be  uniform  throughout  the 
whole  State,  and  so  arranged  as  to  embrace  and  educate  side  by  side  the 
children  of  all  ranks  and  conditions.  It  should  invite  all  to  accept  the 
invaluable  boon  of  education,  and  not  as  now  offer  a  pecuniary  premium  for 
nonattendance  at  school.  The  system  of  requiring  to  pay  for  time  spent  in 
school,  and  deducting  for  absences,  is  opening  an  account  by  which  a 
premium  is  paid  for  ignorance,  but  if  our  schools  were  entirely  free,  the 
same  premium  would  be  paid  for  knowledge  and  virtue;  it  would  be  paid  by 
the  government  as  an  investment  to  secure  more  useful  and  honorable 
citizens  —  an  investment  which  alone  can  improve  and  exalt  a  nation  of 
freemen.  We  therefore  urge  the  importance  and  absolute  necessity  of  a  con- 
stitutional free  school  system,  placed  under  such  a  plan  of  state  supervision 
as  we  have  suggested  in  a  previous  number.  This,  with  our  philosophical  and 
admirable  local  supervision,  will  give  it  great  efficiency  and  bring  the  bless- 
ings of  knowledge  to  thousands  now  left  to  grow  up  in  ignorance  because  our 
plan  of  education  is  not  as  universal  as  is  the  theory  of  our  government. — 
Teachers  Advocate,  May  13,  1846. 

We  have  already  presented  as  indicative  of  public  sentiment  resolutions  in 
favor  of  a  free  school  system,  which  were  adopted  at  primary  meetings  held 
in  several  of  the  different  counties  of  the  State,  preparatory  to  the  choice 
of  delegates  to  the  convention.  The  people  still  continue  to  give  instruc- 
tion on  this  question ;  their  voice  is  heard  in  nearly  every  direction,  urging 
this  measure  of  reform  with  a  zeal  somewhat  commensurate  with  the 
importance  of  the  subject.  A  spirit  of  enquiry  has  gone  abroad,  and  the 
answer   comes    sounding   over   hills   and   valleys,    "give   us  free   schools." 


98  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

In  distant  portions  of  the  State  exists  a  unanimity  of  sentiment  seldom  found 
on  any  other  question   of   general   interest. 

At  a  convention  of  Whig  delegates  from  the  several  towns  in  the  county 
of  Allegany,  held  at  the  court  house  in  the  village  of  Angelica,  on  Mon- 
day, April  6th,  1849,  to  nominate  persons  to  represent  them  in  the  State 
Convention  for  revising  the  constitution,  it  was  unanimously 

Resolved,  That  as  all  our  institutions  are  to  be  sustained  and  perpetuated 
by  the  intelligence  of  the  mass,  and  as  their  influence  must  be  exerted 
either  for  the  weal  or  woe  of  our  country,  that  we  recommend  to  the 
favorable  notice  of  the  delegates  to  the  state  convention  the  necessity  of 
making  ample  provisions  for  the  maintenance  and  encouragement  of  a 
liberal  system  of  common  school  education,  securing  to  one  and  all  the 
rudiments  of  an  education  entirely  free  from  direct  cost  or  charge,  and 
that  the  present  common  school  fund  be  increased  for  that  purpose. 

Such  demonstrations  of  public  sentiment  indicate  a  soundness  of  policy 
well  worthy  of  the  Empire  State,  and  evince  that  regard  for  the  safety  and 
perpetuity  of  our  institutions  which  will  be  received  as  an  earnest  of  fidehty 
and  zeal  in  giving  energy  to  the   system. 

There  are  other  considerations  besides  the  mere  expressed  will  of  the 
people,  which  we  would  present  in  favor  of  incorporating  this  system 
into  the  organic  laws  of  the  State.  This  will  is  predicated  of  something 
more  than  mere  theory;  it  has  the  sanction  of  successful  experience  in 
Massachusetts  and  in  portions  of  our  own  State.  Soon  after  the  organ- 
ization of  the  government  of  Massachusetts,  the  principle  of  free  schools 
was  discussed  thoroughly  and  adopted  as  a  fundamental  law.  Provisions 
were  made  for  the  education  of  every  child  in  the  State,  by  the  forma- 
tion of  districts,  the  erection  of  school  houses,  and  direct  taxation  upon 
the  property  of  each  town.  In  addition  to  the  establishment  of  free  com- 
mon schools,  in  which  all  the  elementary  branches  of  an  English  educa- 
tion were  taught,  a  town  high  school  was  created,  for  the  purpose  of  giv- 
ing to  all  an  opportunity  to  become  instructed  in  the  higher  branches  of 
education.  In  these  high  schools,  no  rate  bills  were  made,  but  they  were, 
like  the  common  schools,  free  to  all  in  the  town.  This  system  of  academic 
instruction  did  not,  however,  work  as  well  as  was  anticipated.  This  was 
occasioned  by  the  difficulties  growing  out  of  the  locality  of  these  institu- 
tions. People  residing  at  a  distance  from  the  high  school  became  dissatis- 
fied, as  they  could  not  avail  themselves  of  its  privileges  without  being  sub- 
jected to  an  expense  for  board  and  other  contingencies  from  which  those 
in  the  immediate  vicinity  were  entirely  exempt.  This  was  urged  as  an 
objection  to  the  high  school  feature  of  the  system  but  never  operated 
against  the  usefulness  of  its  provisions  for  common  school  education. 
Consequently  in  most  towns  the  high  schools  have  been  abolished  as  free 
schools,  while  the  free  common  school  system  was  retained.  The  latter  has 
been  in  operation  more  than  two  hundred  years,  gaining  the  confidence  of 
the  people  by  equalling  the  object  of  its  creation. 

Massachusetts  is  too  deeply  indebted  to  her  Free  School  system,  and 
has  found  too  strong  arguments  in  the  increasing  inteUigence  and  virtue 
of  her  citizens,  in  favor  of  the  plan,  to  admit  even  of  an  attempt  to 
remodel  their  common  school  organization.  The  principles  upon  which  it 
is  based,  are,  and  ever  have  been  regarded  as  the  only  true  basis  for 
sound  government. 


FREE   SCHOOLS  99 

Massachusetts  stands  unrivalled  in  the  intelligence  and  enterprise  with  which 
all  her  varied  inteiesis  have  been  promoted.  The  history  of  this  Stale,  from 
its  tirst  settlement  to  the  pre^^eut  day,  affords  ample  demonstration  of  the 
soundness  of  the  views  entertained  by  its  early  settlers,  and  prove  to  the 
world  that  learning  and  religion  are  not  only  the  best  safegtiards  of  a  com- 
monwealth but  also  impart  to  it  the  elements  of  prosperity  and  happiness. 
Vvho  can  estimate  the  value  of  the  free  school  system  of  Massachusetts?  In 
the  progress  she  has  made  in  manufactures,  and  the  application  of  scientific 
principles  to  the  purposes  of  life,  the  citizens  of  our  own  State  may  find 
strong  motives  for  the  adoption  of  this  principle  of  vmiversal  education. 
Our  resources  are  far  more  abimdant,  yet  we  are  many  years  behind  the 
Bay  State  in  rank  and  influence,  mainly  because  we  have  not  used  the  mater- 
ials within  our  reach  to  the  best  advantage. 

All  sections  of  our  country  look  to  Massachusetts  in  matters  pertaining 
to  manufactures.  The  skill  of  her  mechanics,  her  varied  applications  of 
science  to  the  wants  of  man,  and  the  inventive  talents  of  her  citizens,  give 
to  this,  the  Queen  of  the  States,  a  controlling  influence  over  our  whole 
country.  She  is  the  standard  by  which  to  graduate  the  scale  of  American 
enterprize,  infusing  a  noble  and  commanding  zeal  throughout  the  whole 
Union,  which  stimulates  the  inhabitants  of  remote  places  to  greater  efforts 
for  their  own  elevation.  In  almost  every  village  in  this  State  and  throughout 
the  prairied  West  may  be  found  the  graduates  of  this  free  school  system, 
di£Fusing  in  every  direction  the  inestimable  blessings  it  confers  upon  society. 
Massachusetts  is  too  small  to  confine  within  her  own  borders,  the  priceless 
jewel  of  the  progressive  development  of  all  that  can  benefit  mankind  .  .  . 
it  is  seen  in  every  section  of  our  country,  in  our  cities,  and  along  our  coasts, 
in  our  commercial  and  manufacturing  villages,  among  our  farmers  and  in 
our  courts,  in  all  the  "appliances  for  the  improvement  of  our  race,  from  the 
District  school,  to  the  press ;  in  whatever  agency  we  employ  to  secure  states- 
men of  the  purest  patriotism,  clergymen  of  the  noblest  moral  energy,  and 
teachers  of  the  loftiest  intellect,  we  find  no  ordinary  auxiliary  in  the  author- 
itative voice  of  New  England  society.  Whence  comes  this  proud  distinction  of 
breathing  an  intellectual  and  moral  breath  into  the  organizations  of  other 
states,  unless  from  the  educational  privileges  so  abundantly  enjoyed  by  the 
sons  and  daughters  of  New  England  —  privileges  springing  directly  and  solely 
out  of  the  free  school  system.  These  splendid  triumphs,  achieved  by  the 
march  of  public  opinion,  are  witnessed  with  gratification  by  our  own  citizens; 
they  have  caught  the  spirit  and  it  is  advancing,  gathering  momentum  as 
it  moves  along;  its  reforming  power  is  mingled  with  every  question  of 
public  interest,  sending  forth  appeals  from  all  portions  of  the  State,  for  an 
efficient  system  of  common  school  education,  which  shall  exert  its  benign 
influence  upon  every  child  in  our  territory;  an  influence  omnipotent  to  check 
vice  and  immorality,  and  the  dispenser  of  all  the  blessings  conferred  by  civil 
and  religious  liberty  to  a  people  at  once  prepared  to  appreciate  and  preserva 
them. — Teachers  Advocate,  April  ^p,  1846. 

Free  Schools  for  Free  Governments 

Universal  suffrage  and  universal  ignorance  would  be  a  sad  calamity  to  any 
country  and  bring  in  its  train  a  legion  of  evils.    The  importance  of  having  the 


lOO  THE    UNIVERSITY    OF   THE   STATE    OF   NEW    YORK 

people  educated  and  virtuous,  especially  under  a  democratic  form  of  gov- 
ernment is  generally  admitted,  though  not  carried  into  practice  as  fully  as  is 
necessary  to  preserve  our  institutions  in  their  purity,  and  transmit  them  im- 
proved and  enlarged  to  posterity. 

This  subject  is  receiving  more  attention,  however,  than  is  noticed  by  the 
mere  casual  observer.  Amid  the  exciting  topics  of  political  reform,  we  find 
the  subject  of  universal  education  peers  aloft  in  its  own  peculiar  grandeur. 
At  several  of  the  primary  meetings  the  question  of  a  constitutional  free  school 
system  has  been  discussed.  A  voice  from  the  people  will,  it  is  hoped,  ring 
in  the  ears,  of  those  entrusted  with  the  work  of  framing  the  new  constitution, 
until  this  the  noblest  reform  of  the  age  shall  be  grafted  upon  it.  This  is  not 
a  party  question.  It  should  meet  the  concurrence  of  all  parties,  and  we  are 
happy  to  believe  it  does  whenever  and  wherever  it  is  carefully  considered. 

At  the  Jefferson  County  Whig  constitutional  convention  assembled  for  the 
purpose  of  nominating  candidates,  a  short  time  since,  the  following  resolu- 
tion was  adopted: 

Resolved,  That  as  the  prosperity  of  our  free  institutions  depends  upon  the 
intelligence  and  love  of  order  of  the  mass  of  the  people,  we  recommend  the 
most  ample  provision  for  the  maintenance  of  an  enlarged  and  liberal  system 
of  common  school  education,  which  shall  secure  to  everyi  citizen  the  rudi- 
ments of  education  wholly  free  from  cost  or  charge  —  to  which  end,  we 
recommend  that  the  school  fund  be  more  liberally  endowed  from  permanent 
sources  of  revenue. 

At  the  Montgomery  County  Democratic  convention,  held  on  the  8th  inst. 
in  the  village  of  Fonda,  the  subject  of  free  schools  was  presented  in  the  fol- 
lowing resolutions,  which  were  adopted  unanimously : 

Resolved,  That,  as  a  free  and  independent  people,  we  are  morally  bound, 
in  the  reorganization  of  the  fundamental  law  of  the  State,  to  keep  in  view 
steadfastly  and  singly,  the  best  interests  of  the  whole  State,  without  regard 
to  sectional  interests,  in  order  that  the  blessings  and  burdens  of  government 
may  be  equally  distributed  among  all  the  citizens  of  the  Commonwealth ; 
thereby  securing  to  ourselves  its  present  benefits,  and  to  posterity  a  valuable 
and  unincumbered  inheritance. 

Securing  a  system  of  free  schools  so  that  the  blessings  of  a  thorough  Eng- 
lish education  may  be  secured  to  the  poor  as  well  as  the  rich. 

Onondaga  county  has  taken  a  firm  stand  in  reference  to  this  question.  In 
our  first  article  on  this  subject  may  be  found  a  strong  resolution  in  favor 
of  making  provisions  for  our  school  system  in  the  constitution,  which  was 
endorsed  at  a  more  recent  meeting  of  delegates  to  represent  the  Democratic 
party,  held  at  Camillus,  on  the  loth  ult.   We  give  the  resolution : 

Resolved,  That  we  fully  approve  the  resolutions  adopted  at  the  nominating 
convention  of  the  19th  inst.  and  particularly  the  9th  resolution,  recommending 
the  free  school  system,  and  hail  it  as  the  first  upon  that  subject  coming  from 
any  political  convention,  and  justly  entitled  to  the  consideration  of  all  men 
as  one  of  the  most  beneficent,  if  not  the  greatest  reforms  of  the  age. 

This  shows  that  the  people  of  Onondaga  county  attach  great  importance  to 
chis  question.  The  prevailing  sentiment  of  the  well  informed  and  the  humane 
in  every  section  of  the  State,  is  in  favor  of  a  system  which  so  eminently  ac- 
cords with  the  principles  upon  which  our  government  is  founded,  and  with 
the  enlightened  philanthrophy  of  this  age  and  country. 


FREE   SCHOOLS  lOI 

Several  of  our  public  journals  have  spoken  decidedly  and  correctly  on  this 
subject.  Public  opinion  is  rapidly  forming  in  favor  of  a  permanent  and 
thoroughly-worked  free  school  system.  On  the  consideration  of  economy 
merely,  without  paying  the  least  attention  to  the  increased  usefulness  of  the 
system  —  its  influence  in  increasing  the  productiveness  of  the  State,  in  devel- 
oping all  her  resources  and  thus  enriching  her  wealth,  and  last,  though  not 
least,  its  never-failing  guaranty  for  the  happiness  and  prosperity  of  the 
people  —  omitting  these  important  considerations  and  placing  the  question  on 
the  basis  of  economy  only,  it  is  preeminently  preferable  to  the  one  now  in 
operation. 

In  proof  of  this  we  will  submit  a  comparative  table  of  school  statistics  in 
some  of  the  cities  and  villages  of  the  State  —  by  which  we  shall  establish  the 
fact,  not  a  mere  estimation,  but  the  fact  that  the  amount  paid  per  scholar, 
in  those  places  adhering  to  the  rate-bill  system  is  about  one-third  greater 
than  it  is  where  the  free  school  system  is  adopted.  Now  unless  the  rate-bill 
schools  are  one-third  better  than  the  free  schools,  there  is  an  actual  loss 
of  that  amount.  Now  it  will  not  be  contended  that  the  free  schools  are  infe- 
rior to  any  of  the  public  schools  in  the  State.  Their  teachers  are  as  libera'.ly 
oaid,  and  we  have  yet  to  learn  that  the  same  amount  of  salary  will  not  call 
nto  the  free  school  service  as  high  qualifications  as  it  will  for  the  rate  bill 
schools. — Teachers  Advocate,  April  22,  1846. 

We  take  it  for  granted  that  all  who  participate  in  the  selection  of  delegates 
to  the  convention  (the  constitutional  convention)  expect  that  the  educational 
wants  of  the  state  will  be  the  first  to  occupy  their  attention. 

It  is  gratifying  to  find  that  this  subject  is  not,  because  so  evidently  impor- 
tant, entirely  overlooKcd  at  our  public  meetings,  preparatory  to  the  choice  of 
delegates. 

At  a  Democratic  convention,  held  March  19th,  1846,  at  the  court  house  in 
the  county  of  Onondaga,  it  was 

Resolved,  That  we  regard  universal  education  through  a  system  of  com- 
mon and  free  schools,  as  the  great  Democratic  measure  of  the  age  —  a  meas- 
ure without  which  Republican  institutions  can  not  be  long  sustained.  To 
bestow  upon  every  child  in  the  state  the  best  practical  education,  is  the  first 
and  most  indispensable  duty  of  a  Democratic  government.  We  trust,  there- 
fore, that  the  convention  will  not  fail  to  make  ample  provision  for  the  ac- 
complishment of  this  high  purpose. 

We  hope  that  all  our  primary  meetings  will  give  an  expression  on  this  sub- 
ject and  that  the  press  will  enforce  the  necessity  of  engrafting  a  free  school 
system  upon  our  constitution. — Teachers  Advocate,  April  i,  1846. 

COMMON  SCHOOL  STATE  CONVENTION 

The  school  men  of  this  state  held  a  convention  in  Albany  on  May 
12,  1846,  to  discuss  "  the  practicability  and  expediency  of  ingrafting 
the  free  school  system  upon  our  existing  organization."  The 
educational  leaders  of  forty  counties  were  represented  in  this  gather- 
ing. It  is  also  of  interest  to  note  that  Horace  Mann  was  among  the 
noted  educators,  from  outside  the  State,  in  attendance. 


I02  THE    UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

Common  School  State  Convention 

As  reported  by  the  District  School  Journal,  Albany,  July  1846 
Our  limits  restrict  us  to  a  very  brief  notice  of  the  proceedings  of  this  body, 
which  convened  at  the  State  Street  Baptist  Church  in  this  city  on  the  12th  of 
May  last,  and  adjourned  on  Ihe  15th,  after  a  session  of  four  days.  A  full 
and  accurate  report  of  the  resolutions  and  debates,  reports  of  committees, 
etc.,  has  been  given  to  the  public  through  the  columns  of  the  Teachers  Advo- 
cate; and  we  shall  endeavor  to  find  room  from  time  to  time,  as  we  can,  for 
such  portions  as  we  may  deem  of  most  interest  to  our  readers.  Several  of 
the  most  eminent  and  distinguished  educationists  of  the  United  States  were 
present  during  nearly  the  entire  session  of  the  convention,  and  the  subjects 
considered  and  discussed  were  exceedingly  interesting  and  important.  The 
Hon.  Horace  Mann,  secretary  of  the  board  of  education  of  Massachusetts ; 
Horace  Eaton,  superintendent  of  cotmmon  schools  of  Vermont;  Theodore  F. 
King,  superintendent  of  New  Jersey,  and  Nathaniel  S.  Benton,  superintendent 
of  New  York,  participated  in  the  proceedings  to  a  greater  or  less  extent ;  and 
able  and  interesting  addresses  were  delivered  before  the  convention  by  each 
of  them,  with  the  exception  of  Dr  King,  who  was  compelled  by  illness  to 
leave  the  city  on  the  second  day  of  the  session. 

The  convention  was  called  to  order  at  10  o'clock  on  Tuesday  morning, 
(l2th)  by  Dr  Willard,  of  Albany,  who  on  motion  of  Mr  Wright,  of  Wash- 
ington, took  the  chair  temporarily  —  Mr  Cooper,  of  Onondaga,  editor  of  the 
Teachers  Advocate,  officiating  as  secretary. 

On  Wednesday  morning,  the  convention  took  up  the  special  order  —  the 
practicability  and  expediency  of  engrafting  the  free  school  system  upon  our 
existing  organization,  through  the  action  of  the  state  convention  for  the  re- 
visal  of  the  constitution.  Mr.  Mann,  being  called  upon  for  that  purpose,  gave 
a  lucid  and  comprehensive  exposition  of  the  system  of  free  schools,  as  it 
exists  in  Massachusetts. 

Mr  Mann's  Speech 

It  would  be  ungracious  in  me  to  decline  compliance  with  a  request,  so 
complimentary  to  myself,  or  rather  to  the  state  of  Massachusetts,  of  which 
T  am  a  pubHc  servant.  I  had  not  expected,  however  to  be  called  upon, 
either  at  this  time,  or  in  this  manner ;  and  hence  I  must  urge  the  excuse 
of  being  unprepared,  so  far  as  a  man  may  ever  permit  himself  to  be 
found  unprepared,  on  a  question  pertaining  to  the  duties  of  his  office. 

Strange  as  it  may  seem,  the  subject  of  free  schools,  and  of  the  right 
of  a  state  to  maintain  them,  is  never  agitated  in  Massachusetts.  I  recol- 
lect no  public  document  in  which  this  question  is  discussed;  nor  have  I 
ever  been  present  at  a  meeting  where  it  was  debated.  It  is  a  thing  uni- 
versally taken  for  granted  and  probably  there  is  not  a  gentleman  present, 
who  has  not  thought  more  upon  the  subject  than  I  have.  If  there  be 
any  such  thing  as  innate  ideas,  we,  in  Massachusetts,  are  born  with  an 
innate  idea  of  free  schools ;  and  a  citizen  with  us  would  be  as  much  surprised, 
at  having  a  rate-bill  presented  to  him  for  the  attendance  of  his  children 
at  the  district  school,  as  he  would  if  called  upon  to  pay  for  enjoying  the 
free  light  of  the  sun,  or  the  common  air  of  heaven.  To  argue  this  ques- 
tion, therefore,  would  seem  almost  like  arguing  a  question  respecting  the 
existence  of  an  instinct;  you  may  prove  with  ever  so  much  logical  force 


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FREE   SCHOOLS  IO3 

that  it  does  not  exist,  but  when  you  have  finished  your  demonstration, 
there  it  fs. 

In  this  State,  however,  and  in  most  other  states  of  our  Union,  and  coun- 
tries of  the  world,  free  schools  are  unknown.  A  fund  may  exist,  a  small 
tax  may  be  levied  upon  property;  but  the  residue  of  the  cost  of  the  school 
must  be  paid  by  those  who  send  their  children  to  it,  and  in  proportion  to 
the  time  of  their  attendance. 

The  resolution  before  us  contemplates  the  prospective  establishment  of  a 
system  of  free  schools  for  the  State  of  New  York;  and  I  acknowledge 
that  when  any  new  measure  is  propounded,  the  burden  of  proof  rests 
Hpon  those  who  ask  for  the  change. 

I  will  take  up  but  a  single  point  pertaining  to  this  great  subject,  for, 
surrounded  as  I  am,  by  gentlemen  both  willing  and  able  to  discuss  it  in 
all  its  bearings,  I  should  deem  myself  inexcusable  were  I  to  anticipate, 
by  a  few  cursory  remarks,  the  points  which  ought  to  be  presented  and 
expounded  in  detail.  I  confine  myself  to  a  single  point,  namely;  the  obliga- 
tion of  a  state,  on  the  great  principles  of  natural  law  and  natural  equity, 
to  maintain  free  schools,  for  the  universal  education  of  its  people;  and 
r  thank  the  convention  for  turning  my  attention  to  this  point,  which  was 
never  before  so  distinctly  presented  to  my  mind. 

Shall  the  schools  of  a  state  be  free?  shall  they  be  open  to  all?  shall  they 
invite  and  welcome  all?  shall  they  provide  that  amount  and  quality  oi 
instruction  for  all,  which  is  indispensable  to  the  welfare  of  the  individual  — 
to  the  brother,  sister,  father,  mother  —  to  the  voter  in  municipal  affairs ; 
to  the  juror,  witness  and  citizen ;  to  one  who  by  law,  inherits  a  portion  of 
the  sovereignty  of  this  great  Republic?  I  propose  to  discuss  the  question, 
whether,  according  to  the  great,  immutable  principles  of  natural  law  and 
equity,  this  shall  be  done;  or  whether,  on  the  other  hand,  each  child  shall 
be  dependent  for  the  education  he  may  obtain,  upon  chance  or  charity  or 
parental  providence;  and  whether,  if  chance  does  not  favor,  nor  charity 
smile,  nor  parents  provide,  the  child  shall  be  left  without  education,  until 
he  provides  for  himself.  Sir,  it  appears  to  me  that  a  child  born  in  winter, 
may  as  well  be  left  without  warmth  or  shelter  until  he  provides  it  for 
himself. 

Were  it  not  that  the  question  of  free  schools  involves  the  question  of 
taxation,  I  suppose  that  but  few  would  feel  any  objection  against  them ; 
and  still  fewer,  in  the  face  of  this  community,  and  in  the  increasing  light 
and  liberality  of  the  nineteenth  century,  would  avow  their  objections.  He 
must  be  a  pretty  bold  man,  who,  at  this  day,  in  New  England  or  New 
York,  would  resist  the  utmost  diffusion  of  educational  means.  Such  resis- 
tance, at  the  present  time,  strongly  suggests  the  ideas  of  a  distempered 
mtellect  and  of  hospital  treatment.  But  free  schools  imply  taxation :  and 
it  is  a  problem  which  no  statesman  has  ever  yet  been  able  to  solve,  how 
to  make  taxes  agreeable  to  all  who  pay  them.  Taxation  has  always  been 
one  of  the  characteristics  of  arbitrary  power,  hence,  republicans  are  jealous 
of  it.  Taxation  was  one  of  the  main  causes  for  colonial  resistance  to 
the  authority  of  Great  Britain ;  and  hence  an  aversion  to  it  seems  to 
run  in  our  blood.  I  have  always  observed  amongst  our  people,  an  exag- 
geration of  ideas  on  this  subject,  a  feeling  in  each  individual,  whatever  the 
amount  of  the  tax  may  be,  that  he  will  have  to  pay  the  whole  of  it.    It  is 


I04  THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

the  hydrostatic  paradox  repeated,  v/here  the  whole  pressure  bears  upon 
each  part.  And  hence  it  is,  that  those  who  will  admit  that  a  thorough, 
comprehensive  and  christain  education  —  an  education  of  all  our  facul- 
ties and  susceptibilities  of  body  and  mind  —  is  the  equivalent  of  health  and 
long  life,  of  individual,  social  and  national  happiness,  prosperity,  and  renown ; 
nay,  that  education  good  or  bad,  is  the  synonyme  of  heaven  and  hell:  I 
say,  those  who  admit  all  this,  still  maintain  that  each  family  must  pay 
for  its  own ;  they  say,  that  come  prosperity,  or  come  adversity,  to  the 
Individual  or  to  the  community,  come  honor  or  come  infamy,  come  bless- 
edness or  come  perdition,  every  man  must  pay  for  himself.  The  knot  of 
this  unwedgeable  problem  lies  in  the  word  pay.  "  Why  should  I  who 
have  no  children,"  says  one,  "pay  to  educate  yours?"  "Why  should  I?" 
«ays  another,  "who  have  reared  a  family  of  children  and  educated  them, 
now  pay  a  second  time,  in  order  to  educate  yours;  thus  leaving  a  double 
burden?" 

Now,  in  the  first  place,  I  am  no  apologist  for  unnecessary  taxation.  But 
it  does  not  follow  because  despots  make  grievous  exactions  of  their  sub- 
jects, that  citizens  or  voters  will  overtax  themselves.  The  latter  have  the 
power  of  restriction  in  their  own  hands,  and  can  pronounce  a  peremptory 
veto  whenever  they  please. 

Again,  taxation  for  judicious  and  worthy  objects,  is  not  to  be  considered  a 
burden,  but  only  as  the  common  condition  of  existence.  We  can  not  enjoy 
life,  nor  even  subsist,  without  expenditure.  Our  daily  food,  our  shelter, 
our  raiment,  are  taxes  —  each  man  being  his  own  assessor.  In  a  wisely 
administered  government,  taxes  are  the  fares  which  we  pay  in  railroad 
cars  —  the  price  for  being  safely  carried  and  well  provided  for,  through 
the  journey  of  life. 

In  the  next  place,  it  seems  to  me  obvious  that  all  objections  to  taxation 
for  the  support  of  free  schools  derive  their  plausibility  from  the  fact  that 
they  are  made  by  an  individual,  in  his  individual  character —  as  an  iso- 
lated, solitary  being,  having  no  relations  with  the  community  around  him, 
having  no  ancestors  to  whom  he  himself  is  indebted,  and  as  one,  also, 
who  is  to  leave  no  posterity  having  a  claim  upon  him.  In  the  midst  of  a 
populous  community  to  which  he  is  bound  by  innumerable  ties,  having  had 
his  own  fortune  and  condition  almost  predetermined  and  foreordained  by 
his  predecessors,  and  being  about  to  exert  upon  others  as  commanding 
an  influence  as  has  been  exerted  upon  himself,  the  objector  argues  with  us, 
just  as  he  would  argue,  if  there  were  only  himself  and  his  family  on  the 
western  continent,  and  one  other  man  and  one  other  family  on  the  eastern 
continent,  and  they  and  their  families  were  the  first  and  the  last  of  the 
whole  race.  The  arguments  generally  used  by  men  against  taxation  for 
free  schools  are  applicable  only  to  such  a  case  as  this.  Well,  sir,  if  there 
were  but  one  family  in  this  hemisphere,  and  one  other  family  in  the 
other  hemisphere,  and  if  the  head  of  one  of  these  families  should  call 
upon  the  other  to  help  educate  his  children,  I  admit  that  —  except  so  far 
as  good  neighborhood  might  be  concerned — there  would  be  some  sound- 
ness in  such  an  objection ;  and  I  can  conceive  that  the  force  of  the  appeal 
would  be  even  more  diminished,  if  a  single  family  on  a  neighboring  planet 
should  make   such   an  appeal   to  a   single   family  on  this   planet.    In   self- 


FREE    SCHOOLS  IO5 

defense,  or  in  selfishness,  one  might  say  to  the  other,  "What  are  your 
fortunes  to  me?  You  can  neither  molest  nor  assist  me.  Please  to  keep 
your  own  side  of  the  oceanic  or  of  the  planetary  spaces  that  divide  us." 

But  is  this  the  relation  that  we  sustain  towards  each  other?  Has  not  every 
member  of  the  community  thousands  around  him,  on  whom  he  acts, 
and  who  are  continually  reacting  upon  him?  Have  we  not  all  derived 
advantages  from  our  ancestors,  and  are  we  not  bound,  as  by  an  oath,  to 
transmit  these  advantages,  even  in  an  improved  condition,  to  our  posterity? 
In  this  age  of  the  world,  in  the  present  condition  of  society,  no  man  can 
sink  into  his  individuality,  and  sever  the  relations  which  bind  him  to 
society.  The  mind  and  heart  must  be  enlarged,  until  they  become  coex- 
tensive with  our  enlarged  relations.  The  individual  no  longer  exists  as 
an  individual  merely,  but  as  a  citizen  among  citizens ;  as  a  descendant  of 
those  who  have  gone  before,  as  the  ancestor  of  those  who  are  to  follow; 
and  hence  as  the  recipient  of  great  blessings  from  the  one,  and  the  medium 
and  transmitter  of  those  blessings  to  the  other.  From  these  new  rela- 
tions new  duties  are  evolved.  Society  must  be  preserved,  and  in  order 
to  preserve  it,  we  must  not  look  merely  to  what  one  family  needs,  but  to 
what  the  whole  community  needs ;  not  merely  to  what  one  generation 
needs,  but  to  the  wants  of  a  succession  of  generations.  To  draw  conclu- 
sions without  considering  these  facts,  is  to  leave  out  the  most  important 
part  of  our  premises. 

Now  what  is  the  fundamental,  the  paramount,  indispensable  need  and 
necessity  of  a  people?  I  say  it  is  education,  though  deficient  in  every- 
thing else  —  though  weak,  impoverished,  anarchical  —  yet  education  will 
give  strength,  competency  and  order;  though  abounding  in  everything  that 
heart  can  desire,  yet  take  away  education,  and  all  things  will  rush  to 
ruin,  as  quickly  as  the  solar  system  would  return  to  chaos  if  gravitation 
and  cohesion  were  destroyed.  We  need  laws  regulating  all  the  rights  of 
property,  of  person  and  of  character.  We  need  freedom  of  the  press, 
freedom  of  speech,  and  freedom  of  conscience.  For  these  purposes,  we 
must  have  wise  legislators;  but  we  never  shall  have  wise  legislators  with 
a  foolish  constituency. 

If  education  then  be  the  most  important  interest  of  society,  it  must  be 
placed  upon  the  most  permanent  and  immovable  basis  that  society  can 
supply.  It  should  not  be  founded  upon  the  shifting  sands  of  popular 
caprice  or  passion,  or  upon  individual  benevolence :  but  if  there  be  a  rock 
anywhere,  it  should  be  founded  upon  that  rock. 

What  is  the  most  permanent  basis? — that  which  survives  all  changes, 
which  retains  its  identity  amid  all  vicissitudes.  It  is  property  —  I  mean 
the  great,  common,  universal  elements  which  constitute  the  basis  of  all 
property,  the  riches  of  the  soil,  the  treasures  of  the  sea,  the  light  and 
warmth  of  the  sun,  the  fertilizing  clouds  and  streams  and  dews,  the  winds, 
the  electric  and  vegetating  agencies  of  nature.  Individuals  come  and  go, 
but  these  great  bounties  of  heaven  abide.  Individual  estates  expand  into 
opulence  or  shrink  into  poverty;  but  the  munificence  of  heaven  is  as 
enduring  as  time. 

We  hear  much  said,  not  merely  in  courts  of  law,  but  in  the  marts 
of  business  and  in  the  common  speech  of  men,  of  the  rights  of  property. 
Would   it   not   be    refreshing   to   hear   something   of    the    rights   of   men? 


I06  THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

Have  not  men  rights  as  well  as  property?  Were  men  made  for  the  prop- 
erty, or  the  property  for  men?  It  is  of  some  consequence  to  know  which 
is  principal,  and  which  is  adjunct  or  accessory.  As  I  read  the  sacred 
pages,  men  —  not  any  one  man,  not  any  one  generation  —  but  the  race, 
were  to  have  "  dominion  "  over  all  other  created  things. 

Now  I  wish  to  examine,  for  a  moment,  this  question ;  how  much,  what 
quality  and  description  of  ownership,  any  one  man,  or  any  one  generation 
can  have  in  the  natural,  substantive,  enduring  elements  of  wealth ;  in  the  soil ; 
in  metals  and  minerals;  in  precious  stones,  and  in  more  precious  coal 
and  iron  and  granite;  in  the  sun,  the  winds  and  the  water.  Has  any  one 
man,  or  any  one  generation,  I  ask,  such  an  absolute  ownership  in  these 
ingredients  of  all  wealth,  that  his  right  is  invaded  when  a  portion  of  them 
is  taken  for  the  benefit  of  contemporaries  and  of  posterity?  I  reply, 
certainly  not.  The  earth  and  the  fullness  thereof  were  created  for  the  race 
collectively.  These  were  not  created  for  Adam  alone,  nor  for  Noah  alone, 
nor  for  the  first  discoverers  or  colonists  who  may  have  found  or  have 
peopled  any  part  of  the  earth's  ample  domain.  No!  They  were  created 
for  all,  but  to  be  possessed  and  enjoyed  in  succession.  Each  generation, 
subject  to  certain  modifications  for  the  encouragement  of  industry  and  fru- 
gality, has  only  a  life  lease  in  them.  There  are  reasonable  regulations  in 
regard  to  the  outgoing  and  incoming  tenants  —  regulations  which  allow  the 
incoming  generations  to  anticipate  a  little,  their  full  right  to  possession, 
and  which  also  allow  to  the  outgoing  generations  a  brief  control  of  their 
property  after  they  are  called  to  leave  it.  Let  me  illustrate  this  great 
principle  of  natural  law  by  a  reference  to  some  of  the  unstable  elements 
in  regard  to  which  the  property  of  each  individual  is  strongly  qualified. 
Take  the  streams  of  water,  or  the  winds  for  example.  A  stream  as  it 
descends  from  its  sources  to  its  mouth,  is  successively  the  property  of  all 
those  through  whose  lands  it  passes.  My  neighbor  who  lives  above  me 
owned  it  yesterday,  while  it  was  passing  through  his  lands;  I  own  it  today, 
while  it  is  descending  through  mine,  and  the  contiguous  proprietor  below 
will  own  it  tomorrow  while  it  is  flowing  through  his,  as  it  passes  onward 
to  the  next.  But  the  rights  of  each  successive  owner  are  not  absolute  and 
unqualified.  They  are  limited  by  the  rights  of  those  who  are  entitled  to 
subsequent  possession.  While  a  stream  of  water  is  passing  through  my 
demesnes,  I  can  not  corrupt  it,  so  that  it  shall  be  valueless  or  offensive  to 
the  adjoining  proprietor  below.  I  cannot  detain  it,  in  its  downward  course, 
or  divert  it  into  some  other  direction  so  that  it  shall  leave  its  channel 
dry.  I  may  use  it  for  various  purposes  —  for  agriculture,  as  in  watering 
cattle  or  irrigating  lands;  for  manufactures,  as  in  turning  wheels,  etc. —  but 
in  all  my  uses  of  it,  I  must  have  regard  to  the  rights  of  my  neighbors  lower 
down ;  so  no  two  proprietors,  nor  any  half  dozen  proprietors  by  conspiring 
together,  can  deprive  an  owner  who  lives  below  them  all,  of  the  ultimate 
rights  which  he  has  to  the  use  of  the  stream  in  its  descending  course. 
So  we  see  here,  that  a  man  has  rights ' — rights  of  which  he  can  not  Ibe 
divested  without  his  own  consent — ^in  a  stream  of  water,  before  ft 
reaches  the  limits  of  his  estate  —  at  which  latter  point  he  may,  somewhat 
emphatically  call  it  his  own.  And  in  this  sense,  a  man  who  lives  at  the 
outlet  of  a  river,  on  the  margin  of  the  ocean,  has  certain  unqualified  rights 
in  the  fountains  that  well  up  from  the  earth  at  the  distance  of  thousands 
of  miles. 


FREE   SCHOOLS  ID/ 

So  it  is  with  the  ever-moving  winds.  No  man  has  a  permanent  interest 
in  the  breezes  that  blow  by  him,  and  cool  and  refresh  him  as  they  blow. 
Every  man  has  a  temporary  interest  in  them.  From  which  quarter  of  the 
compass  they  may  come,  I  have  a  right  to  use  them  as  they  are  sweeping 
by;  yet  I  must  use  them  in  reference  to  those  other  participants  and  coown- 
ers  whom  they  are  moving  forward  to  bless.  It  is  not  lawful,  therefore,  for 
me  to  corrupt  them;  to  load  them  with  noxious  gases  or  vapors,  by  which 
they  will  prove  valueless  or  detrimental  to  him,  whoever  he  may  be,  towards 
whom  they  are  moving. 

In  one  respect,  the  winds  illustrate  our  relative  rights  and  duties,  even 
better  than  the  streams.  In  the  latter  case,  the  rights  are  not  only  succes- 
sive, but  always  in  the  same  order  of  priority,  those  of  the  owner  above 
necessarily  preceding  those  of  the  owner  below ;  and  this  order  is  unchange- 
able except  by  changing  the  ownership  of  the  land  itself  to  which  the  rights 
are  appurtenant.  But  in  the  case  of  the  winds  which  blow  from  every 
quarter  of  the  heavens,  I  may  have  the  prior  right  today,  and  with  a 
change  in  their  direction,  my  neighbor  may  have  it  tomorrow.  If  there- 
fore today,  when  the  wind  is  descending  from  me  to  him,  I  should  usurp 
the  right  to  use  it  to  his  detriment;  tomorrow,  when  it  is  coming  from 
him  to  me,  he  might  inflict  retributive  usurpation  upon  me. 

The  light  of  the  sun,  too,  is  subject  to  the  same  benign  and  equitable 
laws.  As  this  ethereal  element  passes  by  me,  I  have  a  right  to  bask  in  its 
beams,  or  to  employ  its  quickening  powers.  But  I  have  no  right,  even 
on  my  own  land,  to  build  up  a  wall  mountain  high,  that  shall  eclipse  the 
sun  to  my  neighbor's  eyes. 

Now  all  these  great  principles  of  natural  law  to  which  I  have  adverted, 
are  incorporated  into,  and  constitute  a  part  of  the  civil  law  of  every 
civilized  people;  and  they  are  obvious  and  simple  illustrations  of  the  great 
proprietary  laws,  by  which  individuals  and  generations  hold  their  rights 
in  the  solid  substance  of  the  globe,  and  in  the  elements  that  move  over 
its  surface.  As  successive  owners  on  a  river's  banks  have  equal  rights  to 
the  waters  that  flow  through  their  respective  demesnes,  subject  only  to 
the  modification  that  the  proprietors  near  the  stream's  source,  must  have 
precedence  in  the  enjoyment  of  their  rights  over  those  lower  down;  so 
the  rights  of  all  the  generations  of  mankind  to  the  earth  itself,  to  the 
streams  that  fertilize  it,  to  the  winds  that  bless  it,  and  to  the  reviving  light, 
are  common  rights,  subject  to  similar  modifications  in  regard  to  pre- 
ceding and  succeeding  generations.  They  did  not  belong  to  our  ancestors 
in  perpetuity;  they  do  not  belong  to  us  in  perpetuity;  and  the  right  of  the 
next  generation  in  them  will  be  limited  and  defeasible  like  ours.  As  we 
hold  them  subject  to  their  claims,  so  will  they  hold  them  subject  to  the 
claims  of  their  successors  to  the  end  of  time.  Yes,  sir,  the  savage  tribes 
that  roam  about  the  head  springs  of  the  Mississippi,  have  as  good  a  right 
to  ordain  what  use  shall  be  made  of  its  copious  waters,  when  in  their 
grand  descent  across  a  continent,  they  shall  reach  the  shores  of  arts  and 
civilization,  as  any  of  our  predecessors  had,  or  as  we  ourselves  have,  to 
say  what  shall  be  done  in  perpetuity,  with  the  soil,  the  waters,  the  winds, 
the  light,  the  great  electrical  and  vegetative  powers  of  nature,  which  on 
all  hands  must  be  allowed  to  constitute  the  indispensable  elements  of  wealth. 

I  say  then,  that  no  man,  however  he  may  have  acquired  his  property,  has 


108  THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

any  natural  right,  any  more  than  he  has  a  moral  one,  to  hold  it,  or  to  dispose 
of  it,  irrespective  of  the  needs  and  claims  of  those,  who,  in  the  august  pro- 
cession of  the  generations,  are  to  succeed  him  on  this  stage  of  existence. 
Holding  his  rights  subject  to  their  rights,  he  is  bound  to  make  provision  for 
their  highest  wants. 

Generation  after  generation  comes  from  the  creative  energy  of  God.  Each 
one  stops  for  a  brief  period  upon  the  earth,  resting  only  as  for  a  night,  like 
migratory  birds  upon  their  passage,  and  then  leave  it  forever  to  others,  whose 
existence  is  as  transitory  as  their  own;  and  the  flocks  of  water  fowl  which 
annually  sweep  across  our  latitudes  in  their  passage  to  another  clime,  have 
as  good  a  right  to  make  a  perpetual  appropriation  to  their  own  use,  of  the 
lands  over  which  they  fly,  as  any  one  generation  has  to  arrogate  perpetual 
dominion  and  sovereignty  for  their  own  purposes,  of  that  portion  of  the  earth 
which  it  is  their  fortune  to  occupy  during  their  brief  temporal  existence. 

There  is  another  consideration  which  bears  upon  this  arrogant  doctrine  of 
absolute  ownership  or  sovereignty.  A  man  says,  is  not  my  property  the  re- 
sult of  my  own  earnings,  or  have  I  not  inherited  it  by  virtue  of  standing  laws, 
from  those  who  did  earn  it?  I  reply  that  this  is  not  strictly  true.  For  every 
unit  that  a  man  earns  by  his  own  labor  or  ingenuity,  he  receives  hundreds 
and  thousands  from  the  All-bountiful  giver.  What  would  be  the  product  of 
cotton  plantations  or  wheat  fields,  did  not  heaven  send  down  upon  them  its 
dews,  its  rains,  its  warmth  and  light?  It  is  said  that  from  80  to  QO  per  cent 
of  some  of  the  great  staple  productions  of  agriculture  come  from  the  air 
and  not  from  the  earth.  Hence  those  productions  might  more  properly  be 
called  fruits  of  the  atmosphere  thr.n  of  the  soil.  They  are  the  perpetual 
riches  which  heaven  sends  to  man,  and  the  winds  are  made  instrumental  in 
equalizing  the  distribution.  How  much  would  the  manufacturer  earn  were 
it  not  for  the  waters  which  God  causes  ceaselessly  to  flow ;  or  for  the  me- 
chanical force  which  He,  and  not  we,  has  given  to  steam ;  and  how  would 
the  commerce  of  the  world  be  carried  on,  were  it  not  for  the  great  laws  of 
nature,  of  electricity,  of  heat,  of  condensation,  of  rarefaction,  which  give 
birth  to  the  viands,  that,  in  conformity  to  His  will,  and  not  in  obedience  to 
any  power  of  man,  are  continually  traversing  the  earth? — These  references 
show  how  much  of  the  wealth,  which  men  presumptuously  call  their  own, 
because  they  claim  to  have  earned  it,  is  poured  into  their  lap  unasked  and 
unthanked  for,  by  the  Being  so  infinite  in  his  physical  as  well  as  his  moral 
riches. 

But  the  present  wealth  of  the  world  has  an  additional  element  in  it.  Much 
of  all  that  is  capable  of  being  earned  by  man,  has  been  earned  by  our  prede- 
cessors, and  has  come  down  to  us  from  them  in  a  consolidated  and  enduring 
form.  We  have  not  built  all  the  houses  in  which  we  live,  nor  all  the  road.? 
on  which  we  travel,  nor  all  the  ships  which  we  navigate.  But  even  if  we  had, 
whence  came  all  the  arts  and  sciences,  the  discoveries  and  the  invention.?, 
without  which,  and  without  a  common  right  to  which,  the  valuation  of  the 
property  of  a  whole  nation  would  scarcely  equal  the  inventory  of  a  single  man. 
Whence  came  a  knowledge  of  agriculture  without  which  we  should  have 
nothing  to  reap;  or  a  knowledge  of  astronomy,  without  which  we  could  not 
traverse  the  oceans ;  or  a  knowledge  of  chemistry  and  mechanical  philosophy, 
without  which  the  arts  and  trades  cannot  flourish?  Most  of  these  were  pre- 
pared by  those  who  have  gone  before  us,  some  of  them  have  come  down  from 


FREE   SCHOOLS  IO9 

a  remote  antiquity.  Surely  all  these  boons  and  blessings  belong  as  much  to 
our  posterity  as  to  ourselves.  They  have  not  descended  to  us  to  be  arrested 
and  consumed  here,  or  to  be  sequestrated  from  the  ages  to  come. 

These  considerations  limit  still  more  extensively  that  absolutism  of  owner- 
ship which  is  so  often  claimed  by  the  possessors  of  wealth. 

But  now  we  come  to  another  stage  in  the  argument.  In  regard  to  the 
wealth  formed  from  the  great  substantive  ingredients  which  are  the  prop- 
erty of  all  mankind,  and  which  belong  equally  to  successive  generations,  sub- 
ject only  to  the  condition  that  the  use  of  one  generation  must  necessarily 
precede  that  of  another  —  in  regard  to  this  wealth,  I  say,  at  what  time  is  it 
to  be  transferred  from  a  preceding  to  a  succeeding  generation  ?  —  At  what 
point  are  the  latter  to  take  possession  of,  or  to  derive  benefit  from  it,  and  the 
earlier  to  relinquish  it?  Is  each  existing  generation,  and  each  individual  of 
an  existing  generation,  to  hold  fast  to  his  possessions  until  death  relaxes  his 
grasp;  or  is  something  of  the  transfer  and  the  benefit  to  be  yielded  before- 
hand? Is  it  not  obvious  that  the  latter  is  the  true  and  the  only  alternative? 
If  the  incoming  generation  have  no  rights  tmtil  the  outgoing  generation  have 
retired,  then  is  every  individual  that  enters  the  world  doomed  to  perish  on 
the  day  he  is  born.  According  to  the  very  constitution  of  things,  each  indi- 
vidual must  derive  sustenance  and  succor  from  society,  and  as  soon  as  his 
eyes  open  to  the  light,  or  his  lungs  are  inflated  by  the  air.  His  wants  can  not 
be  delayed  until  he  himself  can  supply  them.  The  demands  of  his  nature 
must  be  answered,  before  he  can  provide  for  them ;  either  by  the  performance 
of  labor  or  by  any  exploits  of  skill.  The  infant  must  be  fed  before  he  can 
earn  his  bread ;  he  must  be  clothed  before  he  can  prepare  garments ;  and  it  is 
just  as  clear  that  he  must  be  instructed  before  he  can  engage  a  teacher.  Our 
laws  do  not  allow  a  child  to  make  a  valid  contract  before  he  is  twenty-one 
years  of  age;  but  any  individual  may  supply  a  minor  with  necessaries,  and 
such  supply  constitutes  a  legal  claim  against  the  parent,  guardian,  or  other 
person,  bound,  as  the  law  expresses  it,  to  provide  for  him.  Here  then,  the 
claims  of  the  succeeding  generation,  not  only  upon  the  affection  and  care, 
but  upon  the  property  of  the  preceding  one  attach.  God  having  given  to  the 
second  generation  as  full  and  complete  a  right  to  the  incomes  and  profits  of 
the  world  —  to  the  soil,  to  the  sun's  light  and  warmth,  to  the  rain,  to  the 
chemical  and  vegetative  laws  by  which  the  mysterious  processes  of  nature 
are  carried  on, —  God  having  given  to  the  second  generation,  in  their  turn,  as 
full  and  complete  a  right  to  all  these,  as  he  has  given  to  the  first ;  and  to  the 
third  generation,  as  full  and  complete  a  right  as  to  the  second,  and  so  on  while 
the  world  stands,  it  necessarily  follows  that  they  must  come  into  a  partial 
and  qualified  possession  of  these  rights,  by  the  paramount  law  of  nature,  as 
soon  as  they  are  born.  No  human  enactments  can  abolish  or  countervail  this 
paramount  and  supreme  law. 

It  is  not  at  all  in  contravention  of  this  view  of  the  subject,  that  the  adult 
portion  of  society  takes  upon  itself  the  control  and  management  of  all  exist- 
ing property,  until  the  rising  generation  have  arrived  at  the  age  of  majority. 
Nay,  the  object  of  their  so  doing  is  to  preserve  the  rights  of  the  generation 
which  is  still  in  its  minority.  Society,  to  this  extent,  is  only  a  trustee,  man- 
aging an  estate  for  the  benefit  of  the  owner.  This  civil  regulation,  therefore, 
is  only  in  furtherance  of  the  great  law  we  are  expounding. 

Coincident  too,  with  this  great  law,  is  the  wonderful  provision  that  the 


no  THE   UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

Creator  has  made  for  the  care  of  olispring,  in  the  affection  of  the  parents. 
Heaveu  did  not  rely  mei'ely  upon  our  perceptions  oi  duty  towards  our  off- 
spring, and  our  tidehly  in  its  performance.  A  powerful,  all-mastering  instinct 
of  love  was  therefore  implanted  in  the  parental,  and  especially  in  the  mater- 
nal breast,  to  anticipate  the  idea  of  duty,  and  to  make  duty  a  pleasure,  i^or 
all  those  children  who  have  been  bereaved  of  parents,  or  who,  worse  than 
bereavement,  have  only  monster-parents  of  intemperance,  or  cupidity,  or  any 
other  form  of  vice  —  society  is  bound  to  be  a  parent,  and  to  exercise  the 
same  rational  care  and  providence  tliat  a  wise  father  would  exercise  for  his 
own  children. 

Another  important  consideration  here  meets  us;  which,  however,  instead  of 
conflicting  with,  only  confirms  and  commends  the  general  argument.  We 
find  that  previous  and  present  possessors  have  laid  their  hand  upon  the  whole 
earth.  They  have  circumnavigated  this  planet ;  they  have  drawn  lines  across 
it,  and  have  partitioned  among  themselves,  not  only  the  whole  area  or  super- 
ficial contents,  but  have  claimed  it  down  to  the  centre,  and  up  to  the  concave, 
a  great  inverted  pyramid  for  each  proprietor.  They  have  said  to  each  other, 
you  protect  me  in  the  enjoyment  of  my  claim,  and  I  will  protect  you  in  the 
enjoyment  of  yours, —  Thus  they  have  combined  together,  and  have  created 
legislators,  and  judges,  and  executive  officers,  and  organized  armed  bands 
to  repel  aggressions  upon  their  claims.  And  so  grasping  and  rapacious  have 
mankind  been,  that  they  have  taken  more  than  th5y  could  use,  more  than 
they  could  perambulate  and  survey,  more  than  they  could  see  from  the  top 
of  the  highest  mountain.  There  was  some  limit  to  their  physical  power  of 
taking  possession,  but  none  to  the  exorbitancy  of  their  desires.  Like  robbers, 
who  divide  their  spoils  before  they  know  whether  they  shall  find  a  victim, 
men  have  claimed  a  continent  while  still  doubtful  of  its  existence,  and  spread 
out  their  title  from  ocean  to  ocean,  before  their  most  adventurous  pioneers 
had  ever  seen  a  shore  of  the  realms  they  covered.  The  whole  planet  then, 
having  been  appropriated,  there  being  no  waste  and  open  lands  from  which 
the  new  generations  may  be  supplied  as  they  come  into  existence,  I  say  the 
new  generations  have  the  strongest  conceivable  claim  upon  their  predecessors. 
They  have  more  than  a  pre-emptive,  they  have  a  possessory  right  to  some 
portion  of  that,  all  of  which  has  been  appropriated  and  taken  up.  A  denial 
of  this  right  by  the  present  occupants  is  a  breach  of  trust,  a  fraudulent  mis- 
use of  their  power.  Economically,  it  is  folly;  morally,  it  is  embezzlement  and 
fraud. 

I  think  we  are  now  prepared  to  meet  the  question  fully  and  directly.  At 
what  time,  to  what  extent,  and  for  what  purpose,  upon  the  great  principles  of 
natural  law,  is  the  incoming  generation  entitled  to  participate  in  the  benefits 
of  the  world's  wealth?  In  answer,  their  claim  to  a  portion  of  it  begins  with 
the  first  breath  they  draw.  The  newborn  infant  must  have  sustenance  and 
shelter  and  care.  If  the  parents  cannot  supply  these,  society  succeeds  to  the 
place  of  parents  and  must  supply  them.  If  at  any  period  previous  to  the  age 
of  discretion,  the  parents  are  removed,  or  parental  ability  fails,  society,  at 
that  point  is  bound  to  step  in  and  fill  the  parent's  place.  To  deny  support  and 
succor  to  any  child,  would  be  equivalent  to  a  sentence  of  death  —  a  capital 
execution  of  the  infant,  at  which  every  soul  shudders.  But  to  preserve  a 
child's  life  only,  and  then  to  stop,  would  be, —  noit  the  bestowment  of  a 
blessing  or  the  performance  of  a  duty,  but  the  infliction  of  a  curse.    A  child 


FREE  SCHOOLS  III 

has  interests  far  higher  than  those  of  mere  physical  existence.  Better  that  the 
interests  of  the  natural  life  should  not  be  cared  for,  than  tliat  the  higlier 
interests  of  the  character  should  be  neglected.  If  a  child  has  any  claims  to 
bread  to  keep  him  from  perishing,  he  has  far  higher  claims  to  knowledge  to 
keep  him  from  error,  and  its  retinue  of  calamities,  if  a  child  has  any  claim 
to  shelter  —  to  protect  him  from  the  destroying  elements,  he  has  a  far  highei 
claim  to  be  rescued  from  the  infamy  and  perdition  of  vice  and  crime.  If  you 
will  not  legalize  infanticide,  you  must  supply  sustenance.  If  you  will  not 
prepare  madmen  or  incendiaries  to  destroy  property  and  life,  you  must 
enhghten  the  intellect;  if  you  will  not  invoke  moral  ruin,  you  must  train  up 
the  young  in  the  way  they  should  go.  In  a  word,  you  must  educate  the  mind, 
as  well  as  sustain  the  mere  physical  existence, —  The  time  when  this  obliga- 
tion attaches,  corresponds  with  the  age  when  the  work  can  be  most  beneficially 
and  efficaciously  performed.  As  the  right  of  sustenance  then  is  of  equal  date 
with  birth,  the  right  to  systematic  intellectual  and  moral  training  begins,  at 
least  as  early  as  when  children  are  ordinarily  sent  to  school.  At  that  time, 
then,  by  the  great  and  irrepealable  law  of  nature,  every  child  succeeds  to  so 
much  more  of  the  property  of  the  community,  as  is  necessary  for  his  educa- 
tion. He  is  to  receive  this,  not  in  the  form  of  property,  but  in  the  form  of 
education.  This  is  another  step  in  the  transfer  of  the  property  of  the  pres- 
ent to  a  following  generation.  Probably  this  period  of  transfer,  and  the 
amount  to  be  transferred  at  its  arrival,  may  be  modified  by  circumstances; 
and  if  so,  the  political  institutions  under  which  one  is  born,  may  have  an  im- 
portant bearing  upon  the  question.  Certainly,  in  a  republican  government,  the 
obligation  of  the  predecessors,  and  consequently  the  right  of  the  successors, 
extends  to  and  embraces  the  means  of  such  an  amount  of  education  as  will 
fit  each  individual  to  perform  the  common  duties  of  a  citizen.  It  may  go 
further  than  this  point;  certainly  it  cannot  stop  short  of  it. 

The  places  and  the  processes  where  this  transfer  is  to  be  provided  for,  and 
its  amoauit  determined,  are  the  district  school  meeting,  the  town  meeting, 
legislative  halls,  conventions  for  establishing  or  revising  the  fundamental 
laws  of  the  State.  If  it  be  not  done  there,  the  community  is  faithless  to  its 
trust. 

I  bring  my  argtmient  then  to  a  close;  and  I  present  a  test  of  its  validity, 
which,  as  it  seems  to  me,  defies  denial  or  evasion. 

In  obedience  to  the  laws  of  God,  and  to  the  laws  of  all  civilized  nations, 
society  is  bound  to  protect  natural  life;  and  the  natural  Ufe  cannot  be  pro- 
tected without  the  appropriation  and  use  of  a  portion  of  the  property  which 
society  possesses.  VVe  prohibit  infanticide  under  penalty  of  death.  We 
practice  a  refinement  in  this  particular.  The  life  of  an  infant  is  inviolable 
even  before  it  is  bom;  and  he  who  feloniously  takes  it,  is  as  subject  to  the 
extreme  penalty  of  the  law,  as  though  he  had  cut  down  manhood  in  its  vigor, 
or  taken  away  a  mother  by  violence  from  the  midst  of  her  maternal  cares. 
But  why  preserve  the  natural  life  of  a  child  —  why  preserve  unborn  embryos 
of  life,  if  you  do  not  intend  to  watch  over  and  protect  them,  and  expand 
them  into  usefulness  and  happiness?  —  You  have  no  right  —  neither  nature 
nor  God  confer  any  right,  to  inflict  the  curse  of  birth,  the  curse  of  ignorance, 
and  vice,  and  poverty,  and  all  the  attendant  unspeakable  calamities  upon  any 
creature.  You  are  brought,  then,  to  this  inevitable  test.  Either  extinguish 
the  natural  life,  or  provide  the  means  to  make  that  life  a  blessing.  Give  us 
the  right  of  infanticide,  or  give  us  free  education. 


112  THE   UNIVERSITY    OF  THE  STATE   OF   NEW   YORK 

Remarks  of  Mr  Henry  of  Herkimer,  Professor  Thomson  and 
Others  on  the  Free  School  Resolution 

Mr  Mann  was  followed  on  the  same  side  by  Messrs  Wilkins  and  Thom- 
son of  Rensselaer,  Mack  of  Rochester,  Willard  of  Albany,  Dubois  of  Ulster, 
Cooper  of  Onondaga,  Henry  of  Herkimer,  and  Thomson  of  Cayuga,  who  con- 
tended, in  substance,  that  the  time  for  engrafting  the  system  of  free  schools 
upon  our  existing  organization  had  fully  come:  that  public  sentiment  in 
nearly  every  section  of  the  State  was  prepared  to  sustain  and  adopt  it;  that 
its  recognition  as  a  part  of  our  fundamental  law,  would  not  only  relieve  trus- 
tees and  other  officers  of  school  districts  of  the  oppressive  and  periodical 
burdens  under  which  they  are  now  compelled  to  labor  in  the  assessment  and 
collection  of  taxes  and  rate-bills  —  in  their  constant  and  almost  unavoidable 
liabiHty  to  vexatious  and  protracted  Utigation,  without  the  possibility  of  ade- 
quate remuneration  for  their  time  and  expenses,  even  if  ultimately  successful, 
and  in  the  gratuitous  devotion  of  so  large  a  portion  of  their  time,  and  fre- 
quently their  means,  to  the  fiscal  affairs  of  their  respective  districts  —  but 
would  bring  within  the  fostering  influences  of  the  schools,  hundreds,  if  not 
thousands,  of  indigent  children,  the  claims  of  whose  parents  or  guardians 
to  exemption  under  the  present  system  were  either  overlooked  or  disregarded, 
and  who  consequently  were  virtually  deprived  of  those  inestimable  privileges, 
which  the  beneficence  of  the  State  designed  to  secure  to  every  child  within  its 
borders,  however  humble  the  condition,  or  restricted  the  pecuniary  means  of 
his  parents.  The  paramount  duty  and  obligation  of  the  State,  thus  to  afford 
to  each  of  its  future  citizens,  without  distinction  or  discrimination,  the  amplest 
facilities  for  a  sound  and  comprehensive  mental  and  moral  education,  were 
strongly  insisted  upon,  and  clearly  and  fully  demonstrated;  the  superior 
advantages  of  the  free  school  system,  wherever  it  had  been  introduced  within 
the  State,  as  at  Rochester,  Buffalo,  New  York,  Williamsburgh,  Brooklyn, 
Poughkeepsie,  Hudson,  Utica  and  other  places,  pointed  out  and  elucidated, 
and  the  importance  of  present  action,  in  view  of  the  pending  re-organization 
of  our  frame  of  government,  forcibly  and  eloquently  urged. 

Mr  Henry  remarked,  that  he  cordially  subscribed  to  the  correctness  of  the 
views  which  have  been  so  ably  and  eloquently  presented  by  the  learned  gentle- 
man upon  his  left  (Gould  Brown),  He  gave  his  full  and  unreserved  assent 
to  the  definition  of  democracy  which  had  just  been  given,  namely,  adequate 
provision  for  enabling  citizens  of  every  description  to  perfect  themselves  with 
the  theory  and  practice  of  every  department  of  duty.  Catholic  democracy 
rests  satisfied  with  nothing  short  of  the  physical  duty,  moral  and  intellectual 
improvement,  the  proper  development  and  discipline  of  the  faculties  of  every 
individual  of  which  the  common  wealth  is  composed.  The  right  of  the  people 
to  such  an  education,  was  asserted  in  every  fundamental  principle  of  a  repub- 
lic, and  it  had  been  this  morning  vindicated  by  the  distinguished  gentleman 
from  Massachusetts  (Hon.  H.  Mann),  with  an  ability  and  eloquence  which 
can  not  fail  to  carry  conviction  to  every  mind.  When  exposed  to  the  destruc- 
tion of  fire  and  flood,  was  not  property  solely  dependent  upon  manual  labor 
for  its  preservation  ?  When  assailed  by  the  mob,  does  not  property  rely  upon 
the  people  for  defense,  even  to  the  expense  and  sacrifice  of  life?  When  all 
that  is  held  invaluable,  dear  and  sacred,  is  endangered  by  foreign  intrusion, 
on  whom  then  is  the  chief  reliance  placed  for  security  and  protection  ?    Can 


FREE   SCHOOLS  II3 

property,  then,  deny  the  means  of  education  to  the  children  of  citizens  who 
promptly  perform  these  high  and  perilous  duties?  No,  never.  The  right 
to  be  educated  is  clear  and  unquestionable,  and  it  is  the  indispensable  duty  of 
property  owners  to  furnish  the  necessary  means  for  the  enjoyment  of  this 
right. 

But  to  "make  haste  slowly"  is  the  great  principle  and  duty  of  the  enlight- 
ened and  virtuous  reformers.  Present  fully  and  truly  to  the  consideration 
of  the  people  all  the  facts  in  the  case  —  give  them  sufficient  time  to  delib- 
erate, and  doubt  not  for  a  moment  they  will  come  to  a  proper  decision  of  the 
matter.  He  knew  that  many  cities  and  towns  were  ready  to  make  their 
schools  perfectly  free,  but  there  were  others  not  yet  prepared  to  vote  for  such 
a  measure.  He  believed  very  little  additional  legislation  upon  this  subject  to 
be  called  for  at  present.  He  thought  that  giving  power  to  establish  free 
schools  to  such  cities  and  towns  as  desired  it,  and  leaving  all  others  to  the 
provisions  of  the  present  law,  was  all  that  was  practicable.  Such  a  measure, 
he  had  no  doubt,  would  meet  the  approbation  and  support  of  the  people ;  and 
■juch  was  his  confidence  in  the  excellence  and  superiority  of  free  schools,  that 
he  could  not  doubt  that  a  few  years'  experiment  upon  the  plan  proposed, 
would  seem  firmly  and  immovably  established  in  every  town  and  city  of 
the  state. 

Prof.  J.  B.  Thomson,  of  Auburn,  asked  the  indulgence  of  the  convention 
for  a  few  moments.  In  reply  to  the  apprehensions  expressed  by  the  gen- 
tleman from  Tompkins,  lest  some  might  regard  the  passage  of  the  resolution 
as  officious,  as  an  infringement  upon  their  privileges,  he  would  say,  it  is 
always  safe  to  do  right.  That  it  is  right  to  support  free  schools,  to  make 
education  free  to  all,  has  been  clearly  proved  by  the  honorable  gentleman 
from  Massachusetts.  If,  therefore,  it  is  right  to  establish  free  schools,  it  is 
right  and  safe  for  us  to  lend  them  our  support,  and  at  all  time  to  express 
our  opinion  upon  the  subject.  But  he  did  not  believe  it  would  be  regarded 
as  a  breach  of  privilege,  or  as  travelling  beyond  the  record,  by  any  intelligent 
man,  for  this  body  to  express  their  opinion  upon  this  subject.  He  spoke, 
not  as  a  school  officer,  but  as  one  of  the  people,  and  therefore  spoke  with  the 
more  freedom  and  confidence :  "  Sir,  we  the  people,  desire  our  delegates,  our 
servants,  not  only  to  think  right,  but  to  speak  and  act  right. 

"  Though  the  right  of  every  child  to  the  privileges  and  blessings  of  education 
has  been  clearly  established,  he  wished  to  submit  another  consideration  upon 
this  point.  In  the  common  transactions  of  life,  if  one  man  receives  a  favor, 
an  actual  good  from  his  neighbor,  it  is  a  fundamental  law  of  justice  and 
right,  that  the  recipient  should  reciprocate  the  favor,  or  return  an  equivalent 
for  the  good  received. 

"  Now  it  is  evident  from  observation  and  the  history  of  the  world,  that  edu- 
cation in  its  most  comprehensive  sense,  the  culture  of  the  intellectual,  and 
moral  faculties  of  the  young,  by  storing  the  public  mind  with  knowledge  and 
training  it  to  habits  of  self-government,  temperance  and  virtue,  has  a  direct 
and  powerful  tendency  to  diminish  the  violations  of  law  and  the  perpetration 
of  crime.  Hence,  every  man  in  the  community  receives  a  direct  and  palpable 
benefit  by  the  diffusion  of  education.  He  has  a  more  perfect  security  and 
enjoyment  of  his  property,  his  person,  his  life,  and  his  character,  which  is 
dearer  than  life.  Now,  sir,  for  this  giiaranty,  this  moral  insurance  of  his 
possessions,  his  life  and  character,  which  he  received  from  the  better  educa- 

8 


114  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

tion  of  the  whole  body  politic,  I  maintain,  he  is  bound  to  pay,  upon  every 
principle  of  justice,  as  much  as  he  is  bound  to  pay  for  a  policy  of  insurance 
on  his  houses  or  ships  against  the  ravages  of  fire  and  the  storms  of  the  ocean. 
Indeed,  the  fires  and  ravages  of  incarnate  depravity  are  oftentimes  more  to 
be  dreaded  than  the  raging  of  the  physical  elements. 

"  But  there  is  another  consideration  in  favor  of  free  schools  to  which  I 
would  briefly  advert ;  one,  which  in  this  calculating  age  may  perhaps  be 
more  sensibly  felt  than  the  argument  of  right. 

"  I  hold  it  would  be  a  matter  of  public  economy,  as  well  as  of  sound 
wisdom  and  justice  for  the  state  to  establish  free  schools,  to  send  the 
benign  influence  of  education  like  the  sunlight,  into  every  village,  and 
hamlet,   and   family  in   the   land. 

"  It  has  been  already  remarked,  that  the  history  of  the  world  shows  that 
crime  decreases  in  proportion  as  education  is  diffused.  In  like  manner,  his- 
tory shows  that  as  ignorance  prevails  and  the  appetites  and  passions  are 
suffered  to  go  unchecked  by  the  restraining  and  purifying  power  of  edtica- 
tion,  transgressions  and  crimes  increase  in  a  duplicate  rate.  Now,  to  look 
after  this  increased  number  of  transgressions  of  law,  these  disturbers  of 
the  peace,  thieves,  and  robbers,  and  midnight  assassins,  and  bring  them 
to  justice,  obviously  requires  an  increased  number  of  police  officers,  of 
constables,  and  justices,  and  jurors,  and  judges.  It  also  requires  an  increased 
number  of  jails  and  prisons.  And  who,  I  ask,  is  to  build  and  support 
these  jails  and  prisons,  and  pay  the  expenses  of  this  long  catalogue  of  peace 
officers?  Surely  no  one  can  expect  these  rogues  and  villains  themselves  will 
pay  the  magistrates  for  the  infliction  of  punishment.  In  this  case,  the  old 
adage  does  not  hold  true;  for  they  that  dance  do  not  pay  the  fiddler.  No, 
sir,  the  state  must  foot  the  bill.  Or  rather  I  should  say,  this  tax  comes 
from  your  pocket  and  mine,  and  the  pockets  of  our  neighbors ;  for  be  it 
remembered,  it  is  the  people  who  pay  the  taxes  to  support  the  civil  and 
criminal  laws.  And  it  requires  no  small  tax  to  do  it.  In  examining 
the  supervisors'  report  of  our  county  expenses  the  past  year,  I  was  astounded 
with  the  fact,  that  more  money  was  raised  to  support  this  peace-keeping 
establishment,  than  was  bestowed  upon  the  common  schools  during  the  same 
lime.  This,  it  is  presumed,  is  the  case  with  most  if  not  all  the  other 
sections  of  the  state.  For  I  am  unwilling  to  admit  that  the  intelligence 
and  morals  of  the  county  of  Cayuga,  are  inferior  to  those  of  her  neighbors. 
Besides,  sir,  this  estimate  does  not  include  the  vast  amount  of  time  and 
money  expended  by  individuals  in  law  suits  and  arbitrations  in  order  to 
obtain  their  just  pecuniary  dues,  and  to  redress  their  injuries.  Were  these 
Items  included,  the  amount  would  be  ten  fold  greater  than  that  devoted 
to  common  schools.  Who,  therefore,  will  not  agree  with  me  in  the  position, 
that  it  would  be  a  matter  of  economy  for  the  state  to  establish  at  once  a 
system  of  free  schools?  If  half  this  sum  were  annually  spent  in  diffusing 
knowledge  and  virtue  through  the  community,  who  can  tell  how  soon 
our  jails  would  become  tenantless.  and  our  court  houses  fall  into  decay 
from  disuse?  And  who  would  not  more  cheerfully  pay  a  tax  to  train 
up  an  immortal  spirit  in  the  way  it  should  go,  than  to  bring  old  trans- 
gressors to  punishment?  Who  will  not  say,  it  is  better  policy  and  sounder 
wisdom,  to  expend  money  to  prevent  crime,  than  it  is  to  punish  it  after  it 


FREE   SCHOOLS  I  IS 

is  committed?  Poor,  poor  indeed  must  be  any  consolation  after  my  house 
is  burnt,  or  the  character  of  my  child  blasted  forever,  or  its  life  destroyed  — 
poor  must  be  my  consolation  to  know  that  the  villain  who  perpetrated  the 
deed  is  confined  in  prison,  loaded  with  shackles,  or  that  he  is  about  to 
expiate  his  guilt  upon  the  scaffold.  Sir,  in  this  case  an  ounce  of  preven- 
tion is  worth  a  thousand  pounds  of  cure.  Again,  I  therefore  ask,  is  it  not 
most  clearly  a  matter  of  state  economy  as  well  as  wisdom  and  benevolence, 
\o  throw  open  the  well-springs  of  education  and  invite  all  to  drink  freely 
of  its  waters  ?  " 

On  the  other  hand,  Messrs.  Wright  of  Washington,  Allen  of  Saratoga, 
Terhune  of  Greene,  Robertson  of  Tompkins,  and  others,  while  conceding 
to  its  fullest  extent,  the  principle  that  the  schools  throughout  the  State 
should  be  free  —  open  to  all  without  discrimination  and  without  direct 
charge,  and  supported  by  the  taxable  property  and  resources  of  the  com- 
munity, doubted  the  expediency  of  a  radical  change  in  the  existing  organ- 
ization, in  this  respect,  at  the  present  time  —  and  contended  that  however 
sound  in  theory  and  desirable  in  practice,  such  a  change  might  be,  the 
public  sentiment  was  not  prepared  for  it  —  that  its  merits  had  not,  as 
yet,  been  generally  or  sufficiently  discussed;  and  that  by  insisting  upon  its 
adoption,  under  such  circumstances,  the  most  imminent  danger  might  accrue  to 
the  system  as  it  now  exists.  They  contended  that  the  whole  subject  might 
safely  be  referred  to  the  good  sense  and  sound  judgment  of  the  people 
and  their  representatives,  who,  in  due  season,  would  not  fail  to  demand  the 
adoption  of  the  system  of  free  schools,  either  as  a  substitute  for,  or  an 
addition   to,    the   existing   organization. 

The  several  propositions  were,  at  the  close  of  the  debate  on  Wednesday 
morning,  referred  to  a  select  committee,  to  digest  and  report  a  series  of 
resolutions   for  the  action  of   the  convention. 

On  Thursday  morning  Mr  Cooper,  from  the  select  committee  to  which 
had  been  referred  the  various  resolutions  and  propositions  relative  to  the 
adoption  of  the  free  school  system,  brought  in  a  report  which,  after  a 
renewed  discussion  by  Messrs  Mann  of  Massachusetts,  Harrington,  Valen- 
tine and  Willard  of  Albany,  Cooper  of  Onondaga,  Robertson  of  Tomp- 
kins, Denman  of  Wyoming,  and  Wright  of  Washington,  was  amended,  on 
the  motion  of  the  latter  gentleman,  and  finally  adopted  by  a  majority  of 
more  than  two-thirds  of  the  county  superintendents  present,  as  follows: 

Whereas,  The  system  of  free  schools  as  adopted  by  Massachusetts  and 
by  several  of  the  large  cities  and  towns  of  this  and  other  states,  has 
been  found  by  the  practical  experience  of  years  to  work  well  —  securing  a 
more  general  and  punctual  attendance  of  scholars  —  awakening  a  more  widely 
extended  and  deeper  interest  in  the  minds  of  the  great  mass  of  the  people 
in  the  success  of  our  primary  nurseries  of  education,  thereby  ensuring  the 
elevation  of  the  standard  of  common  school  instruction,  and  more  widely 
diffusing  the  inestimable  blessing  of  a  sound  and  generous  education;  there- 
fore, 

Resolved,  That  this  convention,  fully  impressed  with  the  importance  of 
the  various  considerations  involved  in  this  question  of  free  schools,  and 
believing  that  it  is  one  that  will  sooner  or  later  receive  the  approbation  of 
all,  do  most  respectfully  commend  the  subject  to  the  calm  and  dispassionate 
consideration  of  the  sovereign  people  of  this  State,  and  to  the  favorable 
notice  of  the  members  of  the  convention  about  to  assemble  to  revise  the 
constitution  of  the  State. 


Il6  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

Resolved,  That  a  certified  copy  of  the  above  preamble  and  resolution 
be  presented  to  the  presiding  officer  of  the  convention  referred  to,  with 
the  request  that  the  same  may  be  laid  before  that  honorable  body  for  their 
consideration. 

Thomas   Weston   Valentine 

Thomas  Weston  Valentine  was  born  in  Northboro,  Mass., 
February  i6,  1818.  He  was  educated  in  the  schools  of  that  town 
and  at  the  Worcester  Academy.  He  commenced  teaching  in  Lan- 
caster, Mass.,  in  1836.  He  later  taught  in  his  native  town  and  in 
Pennsylvania  and  in  1842  removed  to  Albany,  N.  Y.,  where  he  was 
principal  of  a  public  school  for  eleven  years.  In  1853-4,  he  was 
superintendent  of  the  Albany  Orphan  Asylum;  was  alderman  in 
1852-3-4;  was  editor  of  the  New  York  Teacher  for  two  years;  and 
in  1855  became  principal  of  Public  School  No.  19,  Brooklyn,  a 
school  of  over  sixteen  hundred  pupils. 

He  was  active  in  religious  work  and  became  a  licensed  lay- 
preacher  of  the  Baptist  church.  That  he  led  a  busy  life  is  evi- 
denced by  his  own  statement  as  to  the  work  accomplished  in  187 1 : 
"  His  busiest  season  was  in  1871,  when  his  day  school  contained 
seventeen  hundred  pupils ;  his  evening  school  (five  evenings  a  week) 
fifty  colored  pupils;  his  Saturday  evening  Singing- School,  twenty 
to  forty  —  besides  preparing  three  sermons  a  week  for  two  different 
churches,  nine  miles  apart  and  over  fifty  miles  distant  from  his 
home  —  and  all  these  duties,  with  the  care  of  a  family  of  seven, 
besides  several  boarders,  and  an  occasional  page  of  manuscript  for 
this  work  (The  Valentines  in  America)  or  letter  to  some  news- 
paper, kept  him  rather  busy." 

Mr.  Valentine  was  a  zealous  participator  in  the  educational  move- 
ments of  his  day.  He  was  especially  interested  in  promoting  an 
esprit  de  corps  among  teachers.  In  1838,  he  called  and  presided  over 
the  first  convention  of  teachers  ever  held  in  Worcester  county,  Mass. 

In  1844,  he  cooperated  with  Francis  Dwight  and  others  in  ob- 
taining from  the  Legislature  of  New  York  a  better  organization  for 
the  public  schools  of  Albany;  he  was  instrumental,  in  connection 
with  other  teachers  of  Albany,  in  calling  the  State  Convention  of 
Teachers  in  1845,  resulting  in  the  organization  of  the  State  Teachers 
Association,  the  oldest  of  the  kind  in  the  country.  In  1857,  while 
President  of  the  New  York  State  Teachers  Association,  he  made  the 
first  move  which  resulted  in  the  formation  in  Philadelphia  of  the 
National  Teachers  Association,  which  became  the  National  Edu- 
cation Association. 


FREE   SCHOOLS  Il7 

Henry  Francis  Harrington 

Henry  Francis  Harrington,  was  bom  in  Roxbuiy,  Mass.  August 
15,  1814.  He  was  educated  in  Phillips  Academy,  Exeter,  N.  H., 
and  in  Harvard  College.  After  leaving  college  he  spent  a  year  as 
usher  in  the  English  High  School  of  Boston  and  then  became 
publisher  and  editor  of  a  newspaper  in  Boston,  a  position  for  which 
he  had  an  ardent  inclination.  The  financial  depression  of  1837 
and  a  serious  illness  compelled  the  abandonment  of  this  work. 

After  a  short  season  of  labor  in  New  York  City  as  editor  of  a 
monthly  periodical,  during  which  time  he  was  studying  for  the 
Unitarian  ministry,  Mr  Harrington  went  south  for  his  health  and 
preached  for  several  months  in  Savannah,  Ga. 

Returning  to  the  north  in  the  spring  of  1841,  he  was  for  three 
years  minister-at-large  in  the  service  of  the  Unitarian  societies  of 
Providence,  R.  I.  He  then  founded  successively  a  Unitarian  society 
in  Albany  and  Troy,  N.  Y.,  and  Lawrence,  Mass.  In  the  last- 
named  place  he  remained  seven  years  and  then  moved  to  Cam- 
bridge, Mass.,  where  he  was  pastor  of  a  church  for  ten  years. 

In  February  1865,  he  became  superintendent  of  schools  of  New 
Bedford,  Mass.,  and  retained  that  position  until  his  death  in  1887. 
He  was  a  progressive  and  efficient  superintendent,  whose  reports 
were  widely  read.  The  memorial  report  issued  after  his  death 
shows  that  he  was  much  beloved  and  respected  in  the  community 
which  he  served  for  such  a  long  period  of  years. 

James  Bates  Thomson 

James  Bates  Thomson  was  born  at  Springfield.  Vt.,  in  1803  and 
died  in  Brooklyn,  N.  Y.,  in  1883.  He  worked  on  his  father's  farm 
in  summer  and  attended  district  school  in  winter  until  1824,  when 
he  began  to  teach.  He  was  graduated  from  Yale  in  1834  and  was 
principal  of  an  academy  at  Nantucket,  Mass.,  from  1836  to  1842. 
He  married  the  daughter  of  William  Coffin,  a  Nantucket  sea 
captain,  who  later  lived  in  Auburn,  N.  Y.  Doctor  Thomson,  at 
the  request  of  President  Day  of  Yale,  published  an  abridgment  of 
Day's  algebra  for  use  in  schools.  In  1843  ^^  assisted  at  the  first 
teachers  institute  in  New  York  State,  such  institute  being  organized 
in  Ithaca  by  County  Superintendent  J.  S.  Denman  and  presided 
over  by  the  Rev.  Salem  Town.  For  several  years  Doctor  Thomson 
was  actively  engaged  in  organizing  and  extending  teachers  institutes 
and  other  similar  gatherings.  In  1845  he  assisted  in  organizing 
the  New  York   State  Teachers  Association  and  was   elected  its 


Il8  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

president.  He  received  the  degree  of  LL.D.  from  Hamilton  Col- 
lege in  1853  and  from  the  University  of  Tennessee  in  1882.  Mr 
Thomson  attained  considerable  reputation  as  a  conchologist.  He 
published  a  very  successful  series  of  mathematical  works,  his 
arithmetical  works  alone  having  a  sale  of  about  100,000  copies 
annually.  His  books  include  "  School  Algebra "  ( New  Haven, 
1843)  '■<  ^  series  of  arithmetics  (New  York,  1845-52)  ;  and 
"Arithmetical  Analysis"  (1854). 

Edward  Cooper 

The  accounts  of  educational  meetings  held  during  the  forties  and 
early  fifties  show  that  Mr  Edward  Cooper  was  an  active  and  con- 
sistent worker  for  free  schools.  While  no  biography  and  no  pic- 
ture of  Mr  Cooper  are  available,  it  appears  that  he  lived  in  West- 
chester county  and  later  removed  to  Onondaga  county.  He  was  the 
editor  of  the  Teachers  Advocate,  the  journal  of  the  New  York  State 
Teachers  Association,  and  later  of  the  District  School  Journal. 

COMMITTEE  ON  EDUCATION 

The  convention  to  amend  the  constitution  met  at  Albany  June  i, 
1846.  The  following  members  were  appointed  on  the  "Com- 
mittee on  Education,  Common  Schools  and  the  Appropriate  Funds." 
which  was  also  known  as  Committee  No.  12 :  Henry  Nicoll  of  New 
York,  David  Munro  of  Onondaga,  John  Bowdish  of  Montgomery, 
Andrew  W.  Young  of  Wyoming,  George  W.  Tuthill  of  Orange, 
Dr  Horace  K.  Willard  of  Albany,  John  H.  Hunt  of  New  York. 

So  far  as  possible,  a  brief  biography  and  picture  of  each  mem- 
ber of  the  committee  is  given. 

Henry  Nicoll 

Henry  Nicoll  was  a  member  of  the  Nicoll  family,  whose  members 
have  from  time  to  time  been  prominent  in  the  affairs  of  New  York 
State.  He  was  born  in  New  York  October  23,  1812  and  was  grad- 
uated from  Columbia  College  in  1830.  He  studied  law  and  became 
one  of  the  leading  lawyers  of  New  York  City.  He  was  one  of  the 
active  members  of  the  constitutional  convention  of  1846,  and  served 
in  Congress  during  the  years  1847-49. 

David  Munro 
David  Munro  settled  in  Camillus,  Onondaga  county,  in  1808  and 
died  May  10,  1866  at  the  age  of  eighty  years.     He  served  as  post- 


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FREE   SCHOOLS  1 19 

master  of  Camillus  from  1811  until  1824.  He  was  a  justice  of  the 
peace  for  many  years,  long  an  associate  judge  of  the  court  of  com- 
mon pleas,  a  member  of  the  Legislature  in  1818,  1819,  1822,  1836, 
1841  and  1842,  a  presidential  elector  in  1836,  and  a  member  of  the 
constitutional  convention  in  1846.  He  was  a  director  in  the  old  Bank 
of  Salina  and  a  director  of  the  Salt  Springs  Bank  from  its  incor- 
poration until  his  decease.  He  had  large  landed  interests  in  various 
parts  of  the  county  and  was  one  of  the  foremost  business  men  of 
his  day.     He  married  Abigail  Carpenter  in  1807. 

John  Bowdish 

John  Bowdish  was  born  of  Quaker  parents  at  Charlestown, 
Montgomery  county,  in  1808.  He  worked  on  his  father's  farm  and 
at  the  age  of  fifteen  went  to  Albany,  with  fifty  cents  capital  to  start 
his  business  career.  He  accepted  a  position  at  fifty  dollars  a  year,  as 
a  clerk.  In  1829,  he  entered  into  partnership  with  Isaac  Frost  and 
opened  a  small  store  at  Rural  Grove.  This  business  prospered  and 
in  time  Mr  Bowdish  became  sole  proprietor. 

In  1853  he  became  interested  in  banking  and  was  one  of  the 
founders  of  the  Sprakers  Bank  at  Canajoharie  and  of  the  Mohawk 
River  Bank  of  Fonda.  In  1843,  he  was  elected  to  the  Legislature 
and  in  1846  was  chosen  a  member  of  the  constitutional  convention. 
In  this  convention  he  introduced  a  proposition  for  securing  a  con- 
stitutional system  of  free  schools.  The  question  was  referred  to 
the  committee  on  education  of  which  he  was  a  member.  In  his 
History  of  Common  Schools,  S.  S.  Randall  says,  "  Mr  Bowdish 
made  a  powerful  and  eloquent  appeal  to  the  convention  in  behalf 
of  free  schools,  in  which  he  was  sustained  by  Mr  Nicoll  of  New 
York  and  others." 

Mr  Bowdish  served  as  postmaster  at  Rural  Grove  for  many 
years.  He  was  a  contributor  in  both  prose  and  poetry  to  various 
papers  and  was  much  esteemed  in  his  community  as  a  successful 
business  man  and  a  public-spirited  citizen. 

Mr  John  Bowdish  introduced  a  proposition  for  a  constitutional 
system  of  free  schools.  In  speaking  in  support  of  this  measure, 
he  said : 

The  welfare  of  a  free  government  depends  upon  the  virtue  and  intelligence 
of  its  subjects,  the  character  and  habits  of  its  members;  if  true,  we  should 
make  no  distinction,  the  banner  of  education  should  be  proudly  unfurled 
"  like  the  wild  winds  free,"  allowing  all  alike  to  enjoy  its  advantages.  The 
child  of  the  woodland  co|ttage  and  princely  mansion  should,  if  possible,  be 
educated  together,  that  all  may  have  an  equal  opportunity  of  rising  to  emi- 


120  THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

nence  and  fame.  It  is  a  cardinal  principle  of  republicanism  that  there  is  no 
royal  road  to  distinction;  it  is  held  to  be  accessible  to  all.  None  are  born 
to  command  nor  to  obey.  In  the  order  of  nature,  God  has  made  no  distinc- 
tion ;  he  has  ncft  provided  for  the  poorer  a  coarser  earth,  a  thinner  air  or  a 
paler  sky.  The  sun  pours  down  its  golden  flood  of  light  as  cheerily  on  the 
poor  man's  home  as  on  the  rich  man's  palace.  The  cottager's  children  have 
as  keen  a  sense  of  luxuriant  nature  as  the  pale  sons  of  the  wealthy.  Neither 
has  he  stamped  the  imprint  o»f  a  baser  birth  on  the  poor  man's  child  than  that 
of  the  rich,  by  which  it  may  know  with  a  certainty  that  its  lot  is  to  crawl,  not 
to  climb.  Mind  is  immortal,  it  is  imperial,  it  bears  no  mark  of  high  or  low, 
of  rich  or  poor;  it  heeds  no  bounds  of  time  or  place,  of  rank  or  circum- 
stances; it  only  needs  liberty  and  learning  to  glide  along  in  its  course  with 
the  freedom  of  the  rivulet  that  forms  the  mighty  ocean.  If  properly  culti- 
vated, it  will  march  on  undisturbed  until  it  reaches  the  summit  of  intellectual 
gloty  and  usefulness. 

At  the  close  of  his  remarks,  the  proposition  was  adopted  but 
later  this  action  was  rescinded. 

Andrew  W.  Young 

Andrew  W.  Young,  a  well-known  author  of  works  on  the  science 
of  government  and  of  several  local  histories,  was  born  in  Carlisle, 
Schoharie  county,  March  2,  1802.  His  educational  opportunities 
comprised  a  few  years'  instruction  at  the  common  schools  and  a 
half  term  in  Middlebury  Academy  at  the  age  of  nineteen.  Several 
years  earlier  he  had  taught  a  term  of  school  and  teaching,  with 
farm  labor,  was  the  employment  of  his  youth.  From  the  age  of 
twenty-one,  he  was  in  the  mercantile  business  for  several  years. 
In  May  1830,  he  started  the  Warsaw  Sentinel,  and  January  i,  1832, 
consolidated  with  the  Republican  Advocate,  at  Batavia,  which  he 
had  bought.  Three  years  later  he  sold  out  and  entered  on  his 
labors  for  the  diffusion  of  a  knowledge  of  governmental  administra- 
tion. His  works  of  this  nature  were  "  Science  of  Government " 
published  at  Warsaw,  October  1835,  "  First  Lessons  in  Civil  Gov- 
ernment "  published  in  1843  ^or  "se  in  this  State  and  a  similar 
work  two  years  later  for  circulation  in  Ohio;  "The  American 
Statesman,"  a  political  history  of  the  United  States,  published  in 
1855;  the  "Citizen's  Manual"  in  1858;  "Government  Class 
Report"  in  1859;  "National  Economy"  in  i860;  and  "First  Book 
on  Civil  Government"  in  1867.  Mr  Young  was  elected  to  the 
Assembly  in  1845  a-nd  1846  and  a  delegate  to  the  constitutional 
convention  in  the  latter  year.  He  went  to  Warsaw  in  1816,  and 
after  spending  nearly  the  whole  of  forty  years  there,  removed  in 
1855  to  Ripley,  Chautauqua  county,  and  in  1868  to  Red  Wing, 


O   5  !» 

23    2 


be , 


ti 


FREE    SCHOOLS  121 

Minn.  At  the  last  named  place  his  wife  died  and  he  soon  after 
returned  to  Warsaw,  establishing  himself  there  about  a  year  before 
his  death,  which  occurred  February  17,  1877.  His  local  historical 
works  are  histories  of  Chautauqua  county,  N.  Y.  and  Wayne 
county,  Ind.,  and  a  history  of  Warsaw,  N.  Y. 

Horace  Kemper  Willard^ 

Dr  Horace  Kemper  Willard  was  born  at  Catskill,  N,  Y.,  in  1805. 
He  studied  medicine  with  Doctor  Croswell  and  then  went  to  Yale 
from  which  he  was  graduated  at  the  age  of  twenty-one.  He  settled 
in  Bloomfield,  Delaware  county,  N.  Y.,  where  he  married  Miss 
Harriet  Evelyn  Menvin.  In  1842  he  took  up  the  practice  of 
medicine  in  the  village  of  Knox,  Albany  county.  Doctor  Willard 
had  a  keen  interest  in  educational  affairs.  In  1846  Doctor  Willard 
took  a  prominent  part  in  the  common  school  state  convention  held 
at  Albany.  In  that  year  he  moved  to  Berne,  Albany  county,  which 
was  then  a  center  of  the  antirent  agitation.  Retiring  from  the 
practice  of  his  profession  in  1863,  he  opened  a  drug  store  in  Cats- 
kill.  With  his  wife  and  five  children  he  moved  to  Brooklyn  in 
1867,  where  later  his  wife  died.  In  1876,  he  married  Miss  Abigail 
St  John.    He  died  in  1882. 

Doctor  Willard  is  described  as  a  man  of  sterling  qualities  and 
deep  religious  convictions  —  widely  read  and  abreast  of  his  pro- 
fession.   He  was  a  member  of  the  New  York  Medical  Society. 

John  H.  Hunt 

John  H,  Hunt  was  bom  in  1804,  and  became  a  printer  in  New 
York  City.  At  one  time  he  was  deputy  collector  of  New  York  and 
was  also  a  member  of  the  constitutional  convention  of  1846. 

Convention  Journal 
The  following  is  the  report  of  the  journal  of  the  Convention 

in  relation  to  education: 
On  the  5th  of  June  Mr  Bowdish  offered  the  following  resolution : 
Resolved,  that  the  select  committee  just  ordered  be  requested  to  inquire 

into  the  expediency  of  establishing  a  system  of  free  schools  and  to  report 

thereon  for  the  consideration  of  the  convention. 

On  the  15th  of  June  Mr  Robert  Campbell  jr  of  Steuben  offered  the  follow- 
ing resolution : 

Resolved,  That  it  be  referred  to  the  committee  on  education,  common 
schools  and  the  appropriate  funds  to  consider  and  report  as  to  the  pro- 
priety of  constitutional  provisions   for  the  security  of  the  common  school, 

Datalfurnished  by  Thomas  E.  Willard  of  Brooklyn,  son  of  Dr  H.  K.  Willard. 


122  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

literature,   deposit  and   other   trust    funds    from   conversion  or   destruction 
by  the  Legislature,   and   the   establishment   of   such   a   system   of   common 
schools    as    will    by    taxation    bestow    the    facilities    of    acquiring    a    good 
education  upon  every  child  in  the  state. 
This  resolution  was  adopted. 

On  the  i8th  of  June  Mr  Henry  Nicoll  of  New  York  offered  the  following 
resolution  : 

Resolved,  That  the  comptroller  be  requested  to  furnish  for  the  use  of  the 
convention   a   statement   showing 

1  The  amount  of  the  school  fund,  the  character  of  the  investments  and 
the  amount  of  money  paid  into  the  treasury  and  not  invested.  Also,  a 
brief  history  of  the  changes  made  in  the  investment  of  the  capital  with 
a  reference  to  the  laws  under  which  they  were  made,  and  the  effect 
of  these  changes  on  the  security  or  productiveness  of  the  fund, 

2  The  same  particulars  in  relation  to  the  literature  fund. 

3  A  statement  of  the  present  condition  of  the  United  States  deposit 
fund,  giving  all  the  losses  of  capital,  and  specifying  the  counties  in  which 
the  same  have  occurred.  Also,  the  amount  of  the  revenue  derived  annually 
from  the  fund,  and  the  manner  in  which  it  is  appropriated  by  existing 
laws,  and  showing  the  terms  on  which  these  moneys  were  deposited  in 
the  state  treasury. 

The  resolution  was  adopted. 

June  22,  1846,  Mr  Abel  Huntington  of  Suffolk  offered  the  following  reso- 
lution : 

Resohied,  That  the  Secretary  of  State  be  requested  to  report  to  this 
convention,  if  any,  what  towns  have  been  refused  their  distributive  shares 
of  the  proceeds  of  the  common  school  fund  for  nonconformity  with  the 
requisitions   of   the   law   regulating   the    distribution   thereof. 

The  resolution  was  adopted. 

On  July  ID  Mr  Henry  Nicoll  of  New  York  offered  the  following  resolution: 
Resolved,  That  the  Secretary  of  the  Regents  of  the  University  be 
requested  to  communicate  to  this  convention  the  number  of  academies  par- 
ticipating in  the  distribution  of  public  moneys  subsequent  to  the  year  1834, 
with  the  aggregate  amount  of  money  distributed,  and  the  aggregate  num- 
ber of  pupils  instructed  in  each  year,  and  that  he  also  state  the  amount 
of  money  distrihuted  to  the  said  academies  or  to  any  of  them  in  each 
year  for  the  purpose  of  educating  common  school  teachers,  with  the  num- 
ber of  pupils  so  educated  each  year. 

Mr  Arphaxed  Loomis  offered  the  f  cfllowing  resolution : 
Resolved,  That  it  be  referred  to  the  committee  on  colleges,  academies  and 
common  schools  to  inquire  and  report  upon  the  expediency  of  securing 
by  constitutional  provision,  that  appropriations  for  colleges,  academies  and 
other  institutions  of  learning  shall  be  made  on  some  just  principles  of  i>ro- 
portion  and  forbidding  special  appropriations  to  particular  institutions  to 
the  exclusion  of  others.  Also  to  consider  whether  the  office  of  Regents 
of  the  University  may  not  be  dispensed  with  without  public  detriment, 
and  whether  the  present  mode  of  appointing  trustees  of  such  institutions 
ought  not  to  be  abolished. 
Both  these  resolutions  were  approved. 

July  13  on  motion  of  Mr  William  Penniman  of  Orleans  it  was  resolved 
that  Committee  No.  7  be  instructed  to  inquire  into'  the  expediency  of  abolish- 
ing the  office  of  county  superintendent  of  schools. 

July  22d  Mr  Henry  Nicoll  of  New  York  from  Standing  Committee  No.  12 
on  "  Education  Common  Schools  and  the  Appropriate  Funds  "  reported  the 
following  proposed 


FREE   SCHOOLS  I23 

Articxe  IX 

1  The  proceeds  of  ail  lands  belonging  to  this  State  except  such  parts 
thereof  as  may  be  reserved  or  appropriated  to  public  use  or  ceded  to  the 
United  Siates,  which  shall  hereafter  be  sold  or  disposed  of,  together  with 
the  fund  denominated  the  common  school  fund,  and  all  moneys  heretofore 
appropriated  by  law  to  the  use  and  benefit  of  the  said  fund,  shall  be  and 
remain  a  perpetual  fund,  the  interest  of  which  shall  be  inviolably  appro- 
priated and  applied  to  the  support  of  cotnnion  schools  throughout  this  State. 

2  It  shall  be  the  duty  of  the  Legislature  to  pass  such  laws  as  may  be 
necessary  to  keep  at  all  times  securely  invested  and  to  preserve  from  loss 
or  waste  all  moneys  arising  from  the  sales  of  the  said  lands  in  the  said 
first  section  mentioned,  and  all  moneys  now  belonging,  or  which  hereafter 
may  belong,  to  the  said  common  school  fund. 

3  The  revenues  accruing  from  the  proportional  share  of  the  moneys  of 
the  United  States  received  on  deposit  with  this  State,  upon  the  terms 
specified  in  an  act  of  Congress  of  the  United  States,  entitled  "An  act 
to  regulate  the  deposits  of  the  public  money,  approved  the  23d  of  June, 
1836,"  after  retaining  as  much  thereof  as  may  from  time  to  time  be  neces- 
sary to  make  good  any  deficiency  in  the  principal,  shall  hereafter  be  inviol- 
ably applied  to  the  purposes  of  common  school  education,  subject  to  the 
limitations  and  restrictions  in  the  next  succeeding  sections  contained. 

4  All  existing  appropriations  heretofore  made  by  law,  of  portions  of 
the  said  revenues  in  the  preceding  section  mentioned,  for  terms  of  years 
which  have  not  yet  expired,  shall  continue  to  be  made  until  the  expiration 
of  said  terms  of  years  and  not  afterwards. 

5  The  portion  of  the  said  revenues  now  directed  by  law  to  be  annually 
paid  over  to  the  literature  fund,  shall  be  so  paid  in  the  year  one  thousand 
eight  hundred  and  forty-seven,  and  not  afterwards ;  and  after  that  period 
all  existing  specific  appropriations  now  directed  by  law  to  be  paid  out  of  the 
revenues  of  the  literature  fund,  shall  be  paid  out  of  the  revenues  in  the 
said  preceding  third  section  mentioned,  until  otherwise  ordered  by  the 
Legislature. 

The  committee  further  report,  for  the  consideration  of  the  convention, 
and  recommend  to  be  submitted  to  the  people  separately,  the  following 
additional  section. 

The  Legislature  shall,  at  its  first  session,  after  the  adoption  of  this 
constitution,  and  from  time  to  time  thereafter,  as  shall  be  necessary,  pro- 
vide by  law  for  the  -free  education  and  instruction  of  every  child  between 
the  ages  of  four  and  sixteen  years,  whose  parents,  guardians  or  employ- 
ers shall  be  residents  of  the  State,  in  the  common  schools  now  established, 
or  which  shall  hereafter  be  established  therein;  the  expense  of  such  educa- 
tion and  instruction,  after  applying  the  public  funds  as  above  provided, 
shall  be  defrayed  by  taxation,  at  the  same  time,  and  in  the  same  manner, 
as  may  be  provided  by  law  for  the  liquidation  of  town  and  county  charges. 

Henry  Nicolx,  Chairman 

October  i  Mr  John  Bowdish  of  Montgomery  resolved, 

That  the  convention  will  proceed  to  the  consideration  of  the  report  of 
Committee  No.  22  on  education  next  after  disposing  of  the  report  of  Com- 
mittee No.  4. 

Mr  Albert  L.  Baker  of  Washington  moved  to  lay  said  resolution  on  the 
table.     This  motion  was  beaten  by  a  vote  of  sixty  against  to  thirty-four  for. 

The  question  was  put  as  to  whether  the  convention  would  agree  to  the  reso- 
lution offered  by  Mr  Bowdish,  and  it  was  carried  by  sixty-four  ayes  to 
twenty-nine  nays. 

October  8  Mr  Henry  Nicoll  of  New  York  offered  the  following  resolution : 

Resolved,  That  said  Article  Q  referred  to  on  the  date  of  (July  22)  be 
referred  to  the  Committee  on  Revision  of  the  Articles  of  the  Constitution 
with  instruction  to  report  the  same  instanter  to  the  convention  in  the 
words  following,  to  wit:  [which  is  the  same  as  given  above]. 


124 


THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 


On  motion  of  Mr  Nicoll,  the  first  section  of  the  said  resolution  was 
amended,  by  inserting  after  the  word  "  States  "  in  the  3d  line,  the  words 
"  and  such  as  are  contiguous  to  the  salt  springs." 

In  further  proceeding  upon  the  said  resolution  of  Mr  Nicoll,  Mr  Hoffman 
made  a  motion  to  lay  the  same  upon  the  table. 

Mr  President  put  the  question  whether  the  convention  would  agree  thereto, 
and  it  was  deterniined  in  the  affirmative.     (Ayes  78,  nays  22) 

The  ayes  and  nays  being  required  by  ten  delegates. 


Those  who  voted  in  the  affirmative  are 


Mr  Angel 

Mr  Archer 

Mr  Avrault 

Mr  F.  F.  Backus 

Mr  H.  Backus 

Mr  Baker 

Mr  Bascom 

Mr  Bergen 

Mr  Bray  ton 

Mr  Burr 

Mr  Cambreleng 

Mr  R.  Campbell,  jr. 

Mr  Candee 

Mr  Clyde 

Mr  Crooker 

Mr  Dana 

Mr  Danforth 

Mr  Dodd 

Mr  Dorlon 

Mr  Dubois 

Mr  Flanders 

Mr  Forsyth 

Mr  Gebhard 

Mr  Graham 

Mr  Greene 

Mr  Harris 


Mr  Allen 
Mr  Bowdish 
Mr  Brundage 
Mr  Conely 
Mr  Cornell 
Mr  Hotchkiss 
Mr  Hunt 
Mr  Kennedy 


Mr  Harrison 
Mr  Hart 
Mr  Hoffman 
Mr  A.  Huntington 
Mr  Hyde 
Mr  Kemble 
Mr  Kernan 
Mr  Kingsley 
Mr  Kirkland 
Mr  Loomis 
Mr  Maxwell 
Mr  Miller 
Mr  Morris 
Mr  Nellis 
Mr  Nicholas 
Mr  O'Conor 
Mr  Parish 
Mr  Patterson 
Mr  Penniman 
Mr  Perkins 
Mr  Porter 
Mr  Powers 
Mr  President 
Mr  Rhoades 
Mr  Richmond 
Mr  Riker 

For  the  Negative 
Mr  Mann 
Mr  McNeil 
Mr  Marvin 
Mr  Murphy 
Mr  Nicoll 
Mr  Salisbury 
Mr  Shepard 


Mr  Ruggles 
Mr  Russell 
Mr  St  John 
Mr  Sanford 
Mr  Shaver 
Mr  Shaw 
Mr  Sheldon 
Mr  E.  Spencer 
Mr  W.  H.  Spencer 
Mr  Stow 
Mr  Strong 
Mr  Taft 
Mr  Taggart 
Mr  Tallmadge 
Mr  W.  Taylor 
Mr  Tuthill 
Mr  Warren 
Mr  Waterbury 
Mr  White 
Mr  Witbeck 
Mr  Wood 
Mr  Worden 
Mr  A.  Wright 
Mr  W.  B.  Wright 
Mr  Yawger 
Mr  Youngs 


Mr  Stanton 

Mr  Stephens 

Mr  Swackhamer 

Mr  Townsend 

Mr  Vanschoonhoven 

Mr  Willard 

Mr  Young 


78 


22 


Thereupon, 

The  first  and  only  section  of  said  article  9,  as  reported  by  the  committee 
on  revision,  was  read  in  the  words  following,  to  wit : 

Article  IX 
Section  i  The  proceeds  of  all  lands  belonging  to  this  State,  except  such 
parts  thereof  as  may  be  reserved  or  appropriated  to  public  use,  or  ceded  to 
the  United  States,  and  such  as  are  contiguous  to  the  salt  springs,  which  shall 
hereafter  be  sold  or  disposed  of,  together  with  the  fund  denominated  the 
common  school  fund,  shall  be  and  remain  a  perpetual  fund;  the  interest  of 
which  shall  be  inviolably  appropriated  and  applied  to  the  support  of  common 
schools  throughout  this  State.     Vide  article  on  finances.  Sec.  7. 


FREE   SCHOOLS 


125 


Mr  Hoffman  made  a  motion  that  the  convention  should  ag^ree  to  strike  out 
the  said  section,  and  insert  in  lieu  thereof  a  section  in  the  words  following, 
to  wit : 

Section  i  The  capital  of  the  common  school  fund;  the  capital  of  the 
literature  fund,  and  the  capital  of  the  United  States  deposite  fund,  shall  be 
respectively  preserved  inviolate.  The  revenue  of  the  said  common  school 
fund  shall  be  applied  to  the  support  of  common  schools ;  the  revenue  of  the 
said  literature  fund  shall  be  applied  to  the  support  of  academies,  and  the 
sum  of  twenty-five  thousand  dollars  of  the  revenues  of  the  United  States 
deposite  fund  shall  each  year  be  appropriated  to  and  made  a  part  of  the 
capital  of  the  said  common  school  fund. 

Mr  O'Conor  made  a  motion  to  amend  the  said  section  offered  by  Mr  Hoff- 
man, by  striking  out  the  word  "  five,"  where  it  occurs  between  the  words 
"  twenty  "  and  "  thousand." 

Mr  President  put  the  question  whether  the  convention  would  agree  to  the 
said  motion  of  Mr  O'Conor,  and  it  was  determined  in  the  negative.  (Nays 
66,  ayes  35) 

The  ayes  and  nays  being  required  by  ten  delegates, 

Those  who  voted  in  the  negative  are 


Mr  F.  F.  Backus 

Mr  Bascom 

Mr  Bowdish 

Mr  Brayton 

Mr  Brundage 

Mr  Burr 

Mr  Cambreleng 

Mr  R.  Campbell,  jr. 

Mr  Conely 

Mr  Cook 

Mr  Cornell 

Mr  Crooker 

Mr  Cuddeback 

Mr  Dan  forth 

Mr  Dodd 

Mr  Dubois 

Mr  Flanders 

Mr  Gebhard 

Mr  Graham 

Mr  Harris 

Mr  Harrison 

Mr  Hart 


Mr  Allen 
Mr  Angel 
Mr  Archer 
Mr  Ayrault 
Mr  H.  Backus 
Mr  Bergen 
Mr  Candee 
Mr  Dana 
Mr  Dorian 
Mr  Forsyth 
Mr  Greene 
Mr  Hyde 


Mr  Hoffman 

Mr  Hotchkiss 

Mr  Hunt 

Mr  A.   Huntington 

Mr  Hutchinson 

Mr  Kennedy 

Mr  Kernan 

Mr  Kingsley 

Mr  Loom  is 

Mr  Mann 

Mr  McNeil 

Mr  Morris 

Mr  Munro 

Mr  Nellis 

Mr  Nicoll 

Mr  Powers 

Mr  President 

Mr  Richmond 

Mr  Riker 

Mr  Ruggles 

Mr  Russell 

Mr  St  John 

For  the  Affirmative 
Mr  Kemble 
Mr  Kirkland 
Mr  Marvin 
Mr  Maxwell 
Mr  Miller 
Mr  Murphy 
Mr  Nicholas 
Mr  O'Conor 
Mr  Parish 
Mr  Patterson 
Mr  Penniman 
Mr  Porter 


Mr  Salisbury 

Mr  Sheldon 

Mr  E.  Spencer 

Mr  W.  H.  Spencer 

Mr  Stanton 

Mr  Stephens 

Mr  Strong 

Mr  Swackhamer 

Mr  Taft 

Mr  Tallmadge 

Mr  J.  J.  Taylor 

Mr  Til  den 

Mr  Townsend 

Mr  Tuthill 

Mr  VanSchoonhoven 

Mr  Warren 

Mr  Waterbury 

Mr  Willard 

Mr  Witbeck 

Mr  W.  Wright 

Mr  Yawger 

Mr  W.  B.  Wright       66 


Mr  Rhoades 
Mr  Sanford 
Mr  Shaver 
Mr  Shaw 
Mr  Stow 
Mr  Taggart 
Mr  W.  Tayor 
Mr  White 
Mr  Wood 
Mr  Young 
Mr  Youngs 


35 

Mr  President  put  the  question  whether  the  convention  would  agree  to  the 
said  motion  of  Mr  Hoffman,  to  strike  out  and  insert,  and  it  was  determined 
in  the  affirmative.     (Ayes  104,  nays  3) 


126 


THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 


The  ayes  and  noes  being  required  by  ten  delegates, 
Thdse  who  voted  in  the  affirmative  are 


Mr  Allen 

Mr  Angel 

Mr  Archer 

Mr  Ayrault 

Mr  F.  F.  Backus 

Mr  H.  Backus 

Mr  Baker 

Mr  Bascom 

Mr  Bergen 

Mr  Bowdish 

Mr  Brayton 

Mr  Bruce 

Mr  Burr 

Mr  Cambreleng 

Mr  R.  Campbell,  Jr 

Mr  Candee 

Mr  Clyde 

Mr  Conely 

Mr  Cook 

Mr  Cornell 

Mr  Crooker 

Mr  Dana 

Mr  Danforth 

Mr  Dorian 

Mr  Dubois 

Mr  Gebhard 

Mr  Graham 

Mr  Greene 

Mr  Harris 

Mr  Harrison 

Mr  Hart 

Mr  Hoffman 

Mr  Hunt 

Mr  A.  Huntington 

Mr  Hutchinson 


Mr  Brundage 


Mr  Hyde 
Mr  Jones 
Mr  Kemble 
Mr  Kennedy 
Mr  Kernan 
Mr  Kingsley 
Mr  Kirkland 
Mr  Loomis 
Mr  Mann 
Mr  McNeil 
Mr  Marvin 
Mr  Maxwell 
Mr  Miller 
Mr  Morris 
Mr  Munro 
Mr  Murphy 
Mr  Nellis 
Mr  Nicholas 
Mr  Nicoll 
Mr  O'Conor 
Mr  Parish 
Mr  Patterson 
Mr  Penniman 
Mr  Perkins 
Mr  Porter 
Mr  Powers 
Mr  President 
Mr  Rhoades 
Mr  Richmond 
Mr  Riker 
Mr  Ruggles 
Mr  Russell 
Mr  St  John 
Mr  Salisbury 
Mr  Sanford 

For  the  Negative 
Mr  Cuddeback 


Mr  Shaver 

Mr  Shaw 

Mr  Sheldon 

Mr  Shepard 

Mr  Smith 

Mr  E.  Spencer 

Mr  W.  H.  Spencer 

Mr  Stanton 

Mr  Stephens 

Mr  Stow 

Mr  Strong 

Mr  Swackhamer 

Mr  Taft 

Mr  Taggart 

Mr  Tallmadge 

Mr  J.  J.  Taylor 

Mr  W.  Taylor 

Mr  Tilden 

Mr  Townsend 

Mr  Tuthill 

Mr  Vanschoonhoven 

Mr  Ward 

Mr  Warren 

Mr  Waterbury 

Mr  White 

Mr  Willard 

Mr  Witbeck 

Mr  Wood 

Mr  Worden 

Mr  A.  Wright 

Mr  W.  B.  Wright 

Mr  Yawger 

Mr  Young 

Mr  Youngs 


104 


Mr  Hotchkiss 


Mr  Nicoll  made  a  motion  to  insert  a  section,  to  be  submitted  to  the  people 
separately,  in  the  words  following,  to  wit: 

The  Legislature  shall  provide  for  the  free  education  and  instruction  of 
every  child  of  the  State,  in  the  common  schools  now  established,  or  which 
shall  hereafter  be  established  therein. 

Mr  President  put  the  question  whether  the  convention  wofuld  agree  thereto, 
and  it  was  determined  in  the  affirmative.     (Ayes  57,  nays  52) 
The  ayes  and  nays  being  required  by  ten  delegates. 


Those  who  voted  in 

Mr  Allen 

Mr  Archer 

Mr  F.  F.  Backus 

Mr  H.  Backus 

Mr  Baker 

Mr  Bergen 

Mr  Bowdish 

Mr  Cambreleng 

Mr  R.  Campbell,  jr 

Mr  Conely 


the  affirmative  are 
Mr  Cook 
Mr  Cornell 
Mr  Dodd 
Mr  Dorian 
Mr  Dubois 
Mr  Forsyth 
Mr  Gebhard 
Mr  Harris 
Mr  Hotchkiss 
Mr  E.  Huntington 


Mr  Hutchinson 
Mr  Jones 
Mr  Kemble 
Mr  Kennedy 
Mr  Kernan 
Mr  Kirkland 
Mr  Loomis 
Mr  Mann 
Mr  McNeil 
Mr  Marvin 


FREE   SCHOOLS 


127 


Mr  Maxwell 
Mr  Miller 
Mr  Morris 
Mr  Murphy 
Mr  Nellis 
Mr  Nicoll 
Mr  O'Conor 
Mr  Patterson 
Mr  Sanford 


Mr  Angel 
Mr  Ayrault 
Mr  Bascom 
Mr  Brayton 
Mr  Bruce 
Mr  Brundage 
Mr  Burr 
Mr  Can  dee 
Mr  Crooker 
Mr  Cuddeback 
Mr  Dana 
Mr  Danforth 
Mr  Flanders 
Mr  Graham 
Mr  Greene 
Mr  Harrison 
Mr  Hart 
Mr  Hoffman 


Mr  Shaver 
Mr  Shepard 
Mr  Smith 
Mr  E.  Spencer 
Mr  Stephens 
Mr  Swackhamer 
Mr  Taft 
Mr  Taggart 
Mr  J.  J.  Taylor 

For  the  Negative 

Mr  Hunt 
Mr  A.  Huntington 
Mr  Hyde 
Mr  Kingsley 
Mr  Munro 
Mr  Nicholas 
Mr  Parish 
Mr  Penniman 
Mr  Perkins 
Mr  Porter 
Mr  Powers 
Mr  President 
Mr  Rhoades 
Mr  Richmond 
Mr  Riker 
Mr  Ruggles 
Mr  Russell 
Mr  St  John 


Mr  Tilden 

Mr  Townsend 

Mr  Vanschoonhoven 

Mr  Warren 

Mr  White 

Mr  Willard 

Mr  Worden 

Mr  Yawger 

Mr  Young  57 


Mr  Salisbury 

Mr  Shaw 

Mr  Sheldon 

Mr  W.  H.   Spencer 

Mr  Stanton 

Mr  Stow 

Mr  Strong 

Mr  Tallmadge 

Mr  W    Taylor 

Mr  Tuthill 

Mr  Ward 

Mr  Waterbury 

Mr  Witbeck 

Mr  Wood 

Mr  W.  Wright 

Mr  W.  B.  Wright 

Mr  Youngs 


53 


On  motion  of  Mr  Jones, 

Ordered,  That  the  last  preceding  section  be  referred  to  the  committee  on 
revision,  with  instructions  to  prepare  the  form  of  the  ballot  for  carrying  into 
effect  its  separate  submission  to  the  people. 

Mr  Danforth  made  a  motion  to  reconsider  the  section  for  a  separate  sub- 
mission to  the  people. 

Ordered,  That  the  same  be  laid  upon  the  table. 

Mr  Ruggles  made  a  motiom  that  the  convention  should  agree  to  a  section 
in  the  words  following,  to  wit : 

The  Legislature  shall  at  the  same  time  provide  for  raising  the  necessary 
taxes  to  carry  into  effect  tlie  provisions  contained  in  the  preceding  section. 

Mr  Richmond  made  a  motion  to  amend  the  said  section,  by  inserting  after 
the  word  "  taxes,"  the  words  "  in  each  school  district." 

Mr  President  put  the  question  whether  the  convention  would  agree  to  the 
same,  and  it  was  determined  in  the  affirmative. 

Mr  President  then  put  the  question  whether  the  convention  would  agree 
to  the  said  section  offered  by  Mr  Ruggles,  as  amended,  and  it  was  determined 
in  the  affirmative.     (Ayes  80,  nays  26) 

The  ayes  and  noes  being  required  by  ten  delegates, 


Those  who  voted  in  the  affirmative  are 
Mr  Angel  Mr  Brav-ton 

Mr    F.  F.  Backus  Mr  Bruce 

Mr  H.  Backus  Mr  Brundage 

Mr  Bascom  Mr  Burr 

Mr  Bergen  Mr  Cambreleng 


Mr  R.  Campbell,  jr 
Mr  Candee 
Mr  Qyde 
Mr  Cook 
Mr  Cornell 


128 


THE   UNIVERSITY    OF   THE    STATE    OF   NEW    YORK 


Mr  Crooker 

Mr  Cuddeback 

Mr  Danforth 

Mr  Dodd 

Mr  Dorlon 

Mr  Dubois 

Mr  Forsyth 

Mr  Gebhard 

Mr  Graham 

Mr  Greene 

Mr  Hart 

Mr  Hoffman 

Mr  Hotchkiss 

Mr  Hunt 

Mr  A.   Huntington 

Mr  Hutchison 

Mr  Hyde 

Mr  Jones 

Mr  Kemble 

Mr  Kennedy 

Mr  Kernan 

Mr  Kinsgley 


Mr  Allen 
Mr  Archer 
Mr  Ayrault 
Mr  Baker 
Mr  Bowdish 
Mr  Conely 
Mr  Dana 
Mr  Flanders 
Mr  Harris 


Mr  Loomis 
Mr  Mann 
Mr  McNeil 
Mr  Maxwell 
Mr  Miller 
Mr  Morris 
Mr  Munro 
Mr  Murphy 
Mr  Nellis 
Mr  Nicholas 
Mr  Nicoll 
Mr  O'Conor 
Mr  Parish 
Mr  Perkins 
Mr  Porter 
Mr  Powers 
Mr  Rhoades 
Mr  Richmond 
Mr  Riker 
Mr  Ruggles 
Mr  Russell 
Mr  Sanford 

For  the  Negative 
Mr  Harrison 
Mr  E.  Huntington 
Mr  Kirkland 
Mr  Patterson 
Mr  Penniman 
Mr  President 
Mr  St  John 
Mr  Salisbury 
Mr  Shaw 


Mr  Shcpard 
Mr  Smith 
Mr  Stanton 
Mr  Stephens 
Mr  Stow 
Mr  Strong 
Mr  Taft 
Mr  Tallmadge 
Mr  J.  J.  Taylor 
Mr  W.  Taylor 
Mr  Tilden 
Mr  Townsend 
Mr  Tuthill 
Mr  Ward 
Mr  Warren 
Mr  White 
Mr  Willard 
Mr  A.  Wright 
Mr  W.  B.  Wright 
Mr  Yawger 
Mr  Youngs 


Mr  E.  Spencer 
Mr  W.  H.  Spencer 
Mr  Swackhamer 
Mr  Taggart 
Mr  Vanschoonhoven 
Mr  Waterbury 
Mr  Wood 
Mr  Young 


80 


26 

On  motion  di  Mr  Ruggles, 

Ordered,  That  the  said  last  preceding  section  be  submitted  to  the  people, 
in  connection  with  the  section  adopted  on  motion  of  Mr  Nicoll. 
And  then  the  convention  adjourned  until  3^2  o'clock  p.  m. 


3V2  O'CLOCK  p.  m. 

The  convention  met  pursuant  to  adjournment. 

On  motion  of  Mr  Loomis, 

Resolved,  That  article  9,  be  referred  to  a  committee  of  one,  with  instruc- 
tions to  strike  out  the  two  last  sections  of  the  said  article,  and  report  the 
same,  as  amended,  to  the  convention,  instanter. 

Debates  were  had  thereon,  and  pending  the  same. 

On  motion  of  Mr the  call  for  the  previous  question  was  seconded 

by  the  convention,  and  the  main  question  ordered  to  be  put. 

Mr  President  put  the  question  whether  the  convention  would  agree  to  the 
said  motion  of  Mr  Loomis,  and  it  was  determined  in  the  affirmative.  (Ayes 
61,  nays  27) 

The  ayes  and  noes  being  required  by  ten  delegates, 


FREE   SCHOOLS 


129 


Those  who  voted  in  the  affirmative  are 


Mr  Allen 
Mr  Angel 
Mr  Ayrault 
Mr  Baker 
Mr  Bascom 
Mr  Bergen 
Mr  Bull 
Mr  Burr 
Mr  Cambrel eng 
Mr  Candee 
Mr  Clyde 
Mr  Cook 
Mr  Crooker 
Mr  Cuddeback 
Mr  Dana 
Mr  Dan  forth 
Mr  Dodd 
Mr  Dubois 
Mr  Flanders 
Mr  Greene 
Mr  Harrison 


Mr  Archer 

Mr  F.  F.  Backus 

Mr  Bowdish 

Mr  Brundage 

Mr  R.  Campbell,  jr 

Mr  Conely 

Mr  Cornell 

Mr  Dorlon 

Mr  Forsyth 


Mr  Hart 
Mr  Hoffman 
Mr  Hunt 

Mr  A.  Huntington 
Mr  Hyde 
Mr  Keman 
Mr  Kingsley 
Mr  Kirkland 
Mr  Loomis 
Mr  Marvin 
Mr  Maxwell 
Mr  Miller 
Mr  Munro 
Mr  Nellis 
Mr  Nicholas 
Mr  O'Conor 
Mr  Parish 
Mr  Porter 
Mr  Powers 
Mr  President 

For  the  Negative 

Mr  Hotchkiss 
Mr  Hutchinson 
Mr  Jones 
Mr  Mann 
Mr  Morris 
Mr  Murphy 
Mr  NicoU 
Mr  Patterson 
Mr  Richmond 


Mr  Riker 

Mr  Russell 

Mr  St  John 

Mr  Salisbury 

Mr  Shaver 

Mr  Shaw 

Mr  Sheldon 

Mr  W.  H.  Spencer 

Mr  Stanton 

Mr  Stetson 

Mr  Strong 

Mr  Taggart 

Mr  Tallmadge 

Mr  W.  Taylor 

Mr  Ward 

Mr  Waterbury 

Mr  White 

Mr  Wood 

Mr  A.  Wright 

Mr  Youngs 


Mr  Ruggles 
Mr  Smith 
Mr  Stephens 
Mr  Swackhamer 
Mr  Taft 
Mr  J,  J.  Taylor 
Mr  Townsend 
Mr  Willard 
Mr  Yawger 


61 


27 

Ordered,  That  Mr  Loomis,  be  the  said  committee. 

Mr  Loomis  in  pursuance  of  said  instruction,  reported  said  article  to  the 
convention,  amended  in  compliance  with  the  order  of  the  convention. 
Thereupon, 
The  article,  as  amended,  was  agreed  to  and  ordered  to  be  engrossed. 


Editorial  Comment  on  the  Consideration  of  Free  Schools  by  the  Con- 
stitutional Convention 

Here  is  a  section  reported  by  the  committee  on  education  to  be  submitted 
separately  to  the  people  for  their  approval  or  rejection,  which  we  trust  will 
receive  a  hearty  "  Yes  "  from  three-fourths  of  our  voters. 

Remember,  lovers  of  justice  and  intelligence,  that  a  section  providing  for 
at  least  the  nominal  education  of  every  child  reared  in  the  state  and  making 
the  support  of  such  education  a  part  of  the  annual  tax  bill  so  that  every 
common  school  shall  be  truly  a  free  school  is  to  come  before  you.  Do  not 
forget  to  vote  "  Yes  "  upon  it.    Here  is  the  provision,  Section  6. 

The  Legislature  shall  at  its  first  session,  after  the  adoption  of  this 
Constitution,  and  from  time  to  time  thereafter,  as  shall  be  necessary,  pro- 
vide for  the  free  education  and  instruction  of  every  child  between  the  ages 
of  four  and  sixteen  years,  whose  parents,  guardians  or  employers  shall  be 
residents  of  the  State,  in  the  common  schools  now  established,  or  which  shall 
hereafter  be  established  therein ;  the  expense  of  such  education  and  instruc- 


130  THE   UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 

tion,  after  applying  the  public  funds  as  above  provided,  shall  be  defrayed  by 
taxation,  at  the  same  time,  and  in  the  same  manner,  as  may  be  provided  by 
law    for  the  liquidation   of   town   and  county  charges. 

In  the  New  York  Weekly  Tribune  of  August  24,  the  person  who  reported 
the  Constitutional  Convention  for  that  paper  said  in  regard  to  the  Committee 
on  Education: 

Messrs.  Tuthill  and  Willard  have  submitted  minority  reports  from  the 
Committee  on  Education.  They  both  propose  that  the  proceeds  of  State 
lands  and  the  school  funds  shall  form  a  permanent  common  school  fund, 
and  that  the  United  States  Deposit  Fund  shall  be  applied  in  the  same  way, 
and  that  the  Legislature  shall  invest  and  secure  the  moneys.  Messrs.  Willard 
and  Tuthill  are  opposed  to  universal  education  on  Mr  Nicoll's  plan,  the 
value  of  which  no  one  can  appreciate  more  than  myself. —  Weekly  New 
York    Tribune,   July   2^,   1846. 

The  School  Fund 

It  will  be  seen  in  our  report  of  the  Conventional  proceedings  of  Wednesday 
that  a  report  was  submitted  by  Mr  NicoU  from  committee  no.  12  relating  to 
the  school  fund.  The  report  is  contained  in  an  article  of  six  sections,  the 
last  of  which  the  committee  recommend  should  be  submitted  to  the  people 
separately.  The  particular  articles  of  each  section  we  presume  would  not 
be  interesting  to  our  readers.  The  school  fund  has  become  an  important 
branch  of  the  state  property  in  which  all  are  interested,  and  divested  as  it  is 
of  all  political  considerations,  we  trust  the  united  wisdom  of  the  Convention 
will  carefully  guard  it  from  all  improper  application,  and  consider  it  in  its 
true  light,  a  sacred  deposit  for  the  benefit  of  the  great  cause  of  education. — 
Kingston  Democratic  Journal,  July  2g,  1846. 

Constitutional  Reform  in  Our  Schools 
Mr  Editor: 

Availing  myself  of  your  liberality  in  granting  the  use  of  3'our  journal  as  a 
medium  of  free  discussion  of  the  many  momentous  subjects  now  before  the 
assembled  wisdom  of  this  great  State,  I  wish  to  call  you  and  your  readers 
attention  to  a  proposition  submitted  to  the  Convention  by  the  chairman  of 
committee  no.  12  on  the  subject  of  common  schools,  in  the  following  terms: 

The  committee  recommend  the  following  to  be  submitted  to  the  people  sepa- 
rately. Section  6. 

The  Legislature  shall,  at  its  first  session,  after  the  adoption  of  this  Con- 
stitution, and  from  time  to  time  thereafter,  as  shall  be  necessary,  provide  by 
law  for  the  free  education  and  instruction  of  every  child  between  the  ages 
of  four  and  sixteen  years,  whose  parents,  guardians  or  employers  shall  be 
residents  of  the  State,  in  the  common  schools  now  established,  or  which  shall 
hereafter  be  established  therein ;  the  expense  of  such  education  and  instruc- 
tion, after  applying  the  public  funds  as  above  provided,  shall  be  defrayed  by 
taxation,  at  the  same  time,  and  in  the  same  manner,  as  may  be  provided  by 
law  for  the  liquidation  of  town  and  county  charges. 

Henry  Nicoll,  Chairman 

It  will  be  seen  that  a  new  and  startling  principle  is  contained  in  the  above 
section,  one  which  is  totally  repugnant  to  a  free,  equal  and  democratic  admin- 
istration of  law,  and  in  direct  conflict  with  the  inherent  and  constitutional 
rights  of  every  citizen. 


FREE   SCHOOLS  I3I 

This  proposition  contemplates  the  taxation  of  the  community  for  the  edu- 
cation of  the  children  of  those  who  are  rich  and  able  to  edticate  their  own 
children,  as  well  as  the  education  of  the  poor.  The  people  have  never  ex- 
pressed their  dissent  to  being  taxed  for  the  purpose  of  educating  the  poor. 
They  know  that  the  permanency  of  our  institutions  depends  upon  the  intelh- 
gence  of  the  masses,  and  they  willingly  contribute  to  the  expense  of  securing 
such  intelligence  under  the  idea  that  it  is  a  simple  performance  of  duty  which 
every  citizen  owes  to  his  country,  and  which  is  necessary  for  its  long  stand- 
ing. It  is  upon  this  principle  only  that  the  people  of  a  free  country  can  be 
taxed  even  for  the  education  of  the  poor.  It  is  to  advance  their  own  inter- 
ests by  securing  the  country  frcrni  that  most  formidable  danger  to  republics, 
the  ignorance  and  consequent  turbulence  of  the  masses;  thus  far,  and  no 
farther,  can  the  principle  be  tolerated. 

There  is  no  danger  that  the  children  of  the  rich  will  grow  up  in  ignorance 
and,  therefore,  the  people  cannot  be  called  upon  to  provide  for  their  educa- 
tion. By  the  rich  are  meant  all  those  who  are  able  to  give  their  children  a 
fair  English  education.  Our  present  Constitution  recognizes  this  principle 
by  expressly  providing  that  the  property  of  the  individual  cannot  be  taken 
away  from  him  without  his  consent,  except  for  such  purposes,  and  then  only 
by  giving  adequate  compensation.  To  allow  the  majority  to  say  that  the 
minority  shall  put  out  their  property  in  the  shape  of  taxes  to  defray  the  ex- 
pense of  the  education  of  the  children  of  others  who  are  able  to  bear  such 
expense,  is  a  palpable  blow  at  this  well  organized  principle,  and  it  is  not  the 
least  odious  because  being  submitted  to  the  people  it  should  meet  the  ap- 
proval of  the  majority  of  them. 

The  school  money  should  be  devoted  exclusively  to  the  education  of  the 
poor,  and  if  insufficient  for  that  purpose,  the  deficiency  should  be  supplied  by 
a  general  State  tax  which  would  be  more  agreeable  and  popular  with  the 
people  than  the  present  system  of  petty  and  harassing  district  and  neighbor- 
hood taxation.  In  the  one  case  it  all  comes  out  of  the  public  chest  for  the 
benefit  of  the  needy,  and  in  the  other  it  seems  to  be  merely  the  transferring  of 
money  from  the  pockets  of  one  portion  of  the  community'  into  those  of  an- 
other. It  is  probable  that  the  school  fund  united  with  the  literature  fund 
(which  should  be  the  case)  would  afford  sufficient  for  this  purpose  without 
taxation,  if  it  did  not  meet  the  absorbing  touch  of  such  useless  offices  as 
county  and  town  superintendents,  and  waste  in  other  ways  before  it  finally 
reaches  its  destined  object. 

There  is  no  force  in  the  objection  that  it  is  invidious  to  make  a  distinction 
in  this  application  between  the  rich  and  the  poor.  This  objection  never  came 
from  the  side  of  the  latter,  but  was  kindly  tendered  by  the  advocates  of  the 
former.  It  is  an  old  exploded  and  "  obsolete  idea  "  which  obtained  perhaps 
in  more  aristocratic  times,  but  is  wholly  unworthy  of  the  present.  The  time 
has  gone  by  in  this  countr>'  for  the  honest  poor  man  to  be  ashamed  of  his 
condition.  It  is  no  disgrace  to  be  poor,  but  exceedingly  inconvenient.  Virtue 
is  the  best  test  of  merit.  To  be  just  is  always  right,  and  justice  demands  that 
only  those  who  need  should  fall  under  the  public  protection.  But  justice 
frowns  upon  compelling  one  man  to  pay  toward  the  education  of  the  children 
of  his  rich  neighbor,  or  to  go  one  step  beyond  his  natural  duty  to  his  own 
offspring  and  to  his  country  in  contributing  his  share  in  behalf  of  the  poor. 


132  THE   UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

There  is  no  subject  in  government  more  disagreeable  than  that  of  the  call 
of  the  tax  gatherer,  and  care  should  be  taken  that  all  who  are  made  to  con- 
tribute should  feel  the  justice  of  their  contributions.  In  any  other  event  hard 
feelings  and  dissatisfaction  are  engendered  against  the  laws,  and  the  happi- 
ness of  society  deeply  affected. 

The  proposition  to  submit  this  question  to  the  votes  of  the  people  would 
be  giving  the  sanction  of  the  convention  to  any  course  which  the  electors 
might  take,  thereby  destroying  the  moral  feelings  which  the  people  might 
otherwise  entertain  against  the  injustice  of  the  measure,  leaving  the  majority 
free  from  those  restraints  to  follow  the  dictates  of  their  own  interests  to 
the  subversion  of  the  interests  and  the  feelings  of  the  minority.  If  it  should 
be  advisable  to  submit  any  proposition  to  the  people,  it  should  be  that  of 
educating  the  poor  only,  at  the  public  expense,  and  of  appropriating  all  school 
moneys  to  this  object. 

The  chairman  of  the  committee  when  reporting  the  above  Section  stated 
to  the  Convention  that  there  was  a  difference  of  opinion  in  the  committee 
with  respect  to  it.  No  doubt  differences  of  opinion  existed  among  them 
upon  at  least  some  of  the  points  mentioned  above.  The  fact  that  the  com- 
mittee proposed  to  have  it  submitted  to  the  people  separately  from  the  articles 
of  the  new  Constitution  affords  evidence  that  they  were  not  convinced  of  the 
entire  propriety  of  the  measure. 

That  the  true  principles  of  our  government,  and  that  right  may  prevail, 
in  the  settlement  of  this  question  is  the  fervent  wish  of  at  least  One  of 
THE  People. — Newburg   Telegraph,  August  6,  1846. 

The  Convention  —  Free  Schools 

It  will  be  perceived  by  the  following  report^  of  the  committee  on  education 
and  common  schools,  of  the  constitutional  convention  now  in  session  in  this 
city,  that  the  free  school  system  is  proposed  by  them  to  be  incorporated  into 
the  fundamental  law  of  the  State;  and  that  the  question  of  its  adoption  be 
submitted,  separately,  to  the  consideration  of  the  people.  We  congratulate 
the  friends  of  free  education  throughout  the  State,  on  this  gratifying  result; 
and  we  earnestly  indulge  the  hope  that  the  convention  will  sanction  by  a 
strong  vote  the  enlightened  principle  adopted  by  the  committee.  As  to  its 
final  adoption  by  an  overwhelming  majority  of  the  people,  on  its  presentation 
to  them,  disconnected  from  all  other  questions  of  policy  or  expediency,  we  can 
not  permit  ourselves  to  entertain  a  doubt.  On  this  point  the  public  sentiment, 
so  far  as  our  knowledge  and  information  extend  is  strongly  in  favor  of  such 
an  extension  of  the  existing  provisions  of  our  common  school  system  as 
shall  embrace  every  child  in  the  State.  Inability  to  meet  a  heavy  rate  bill, 
at  the  expiration  of  each  school  term,  must  no  longer  be  made  the  pretence 
for  a  virtual  exclusion  from  the  benefits  of  education,  of  hundreds  and  thou- 
sands  of  the  children  of  indigent  parents. 

New  York  in  this  respect  cannot  longer  afford  to  be  behind  her  sister 
state  of  Massachusetts,  where  the  free  school  principle  has  been  thoroughly 
tested. 

"  Our  Schools "  observes  the  Hon.  Horace  Mann  in  his  Seventh  Annual 
Report,  as  secretary  of  the  Massachusetts  board  of  education  "  are  perfectly 


»  For  text  of  report,  Bee  Extract  from  Proceedings  of  the  Convention. 


FREE  SCHOOLS  133 

free.  A  child  would  be  as  much  astonished  at  being  asked  to  pay  any  sum, 
however  small  for  attending  our  common  schools,  as  he  would  be  if  pay- 
ment were  demanded  of  him  for  walking  in  the  public  streets,  for  breathing 
the  common  air,  or  enjoying  the  warmth  of  the  unappropriable  sun.  Mas- 
sachusetts has  the  honor  of  establishing  the  first  system  of  Free  Schools 
in  the  world;  and  she  projected  a  plan  so  elastic  and  expansive,  in  regard 
to  the  course  of  studies  and  the  thoroughness  of  instruction,  that  it  may 
be  enlarged  and  perfected  to  meet  any  new  wants  of  her  citizens,  to  the 
end  of  time.  Our  system,  too,  is  one  and  the  same  for  both  rich  and  poor; 
for  as  all  human  beings,  in  regard  to  their  natural  rights,  stand  upon  a  foot- 
ing of  equality  before  God,  so,  in  this  respect,  the  human  has  been  copied 
from  the  divine  plan  of  government,  by  placing  all  citizens  on  the  same 
footing  of  equality  before  the  law  of  the  land." — District  School  Journal, 
September,  1846. 

The  constitutional  convention  reporter  of  the  New  York  Tribune 
under  date  of  September  26,  1846  gives  the  following  under  the 
heading  "  Train  up  a  child  in  the  way  he  should  go." 

Mr.  Bowdish,  who  had  never  before  spoken  in  the  convention  nor  before  a 
public  body  at  any  time  in  his  life,  rose  and  stated  that  he  considered 
education  as  the  grand  foundation  on  which  our  republican  institutions  must 
be  supported.  Much  had  been  done,  but  much  yet  remains  to  be  done  for 
the  establishment  of  free  schools  where  the  children  of  the  poor  and  of  the 
rich  might  together  receive  instruction.  He  delivered  an  able,  well-arranged 
address,  which  did  credit  both  to  his  head  and  heart,  containing  true  princi- 
ples on  which  American  freedom  is  to  be  perpetuated,  and  called  the  atten- 
tion of  the  convention  to  a  subject  of  vital  importance  but  which  is,  I  regret 
to  see  and  say,  too  much  neglected. 

The  noise  made  at  times  while  he  was  speaking  made  it  impossible  for 
half  the  members  to  hear  him,  had  they  been  so  disposed,  but  I  hope  that 
his  address  will  get  into  the  public  journals.  He  wished  a  settled  system 
of  education  made  permanent  by  the  Constitution.  He  reminded  members 
that  millions  of  the  children  of  the  republic  were  uneducated,  and  that  in 
1840  it  was  found  that  over  half  a  million  of  the  whites  over  twenty  years 
of  age  could  neither  read  nor  write.  He  proposed  that  report  no.  12  on 
Education  be  considered  tomorrow  morning  at  ten,  so  that  a  plan  might  be 
matured  whereby  virtue  and  intelligence,  patriotism  and  peace  might  take 
the  place  of  ignorance  and  prejudice,  and  that  the  people  be  enabled  to  vote 
on  the  question  whether  or  not  all  should  obtain  a  good  education,  which, 
he  considered,  the  best  preventative  of  vice  and  crime. 

Mr  Baker  moved  to  leave  the  resolution  on  the  table.  This  was  beaten 
by  a  vote  of  fifty-six  to  thirty-nine. 

Mr  Bowdish's  resolution  to  take  up  the  report  on  Education  next  was 
then  carried  by  a  vote  of  sixty-four  to  thirty. 

I  heartily  congratulate  the  country  on  the  success  of  this  measure.  Educa- 
tion—  free  and  virtuous  education  —  is  the  just  inheritance  of  a  land  of 
equal  rights  and  elective  institutions.  Ignorance,  superstition  and  prejudice 
never  can,  never  will  stand  on  the  same  platform  with  intelligence,  whether 
united  with  virtue  or  with  vice. 


134  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

The  New  York  Weekly  Tribune  under  date  of  October  14,  1846, 
reviews  the  amended  constitution,  and  under  the  heading  "Educa- 
tion and  Schools  "  it  states 

I  Funds.  The  capitals  respectively  of  the  school,  literature  and  U.  S. 
deposit  funds  are  to  be  preserved  inviolate,  and  their  revenues  to  be  duly 
appropriated.  The  sum  of  $25,000  per  annum  is  to  be  taken  from  the  revenue 
of  the  U.  S.  deposit  fund  and  added  to  the  capital  of  the  school  fund. 

(The  noble  idea  of  having  all  our  common  schools  free  schools  —  that  is, 
supported  by  a  tax  on  property — failed,  we  perceive  with  sorrow.) 

The  New  York  Observer  on  October  17,  1846,  said  under  the 
heading  of  the  proposed  Constitution: 

"  We  do  not  intend  to  discuss  its  provisions  .  .  .  Several  of  the  lead- 
ing papers  of  this  city  have  taken  decided  ground  against  the  Constitution." 

Free  Schools 

We  continue  to  receive,  from  all  quarters  of  the  State,  the  most  gratifying 
assurances  of  the  popularity  of  this  great  measure  of  educational  reform. 
Numerous  and  strong  petitions  for  its  adoption  as  a  part  of  the  constitution, 
have  been  forwarded  to  the  convention ;  the  Press  has  spoken  freely  and 
decidedly  in  its  behalf ;  conventions  and  associations  of  teachers,  school 
officers  and  friends  of  education  have  everywhere  passed  the  most  enthusi- 
astic resolutions  in  its  favor,  and  an  intelligent  and  right-minded  public 
sentiment  has  unequivocally  sanctioned  its  introduction  as  a  permanent  part 
of  our  school  system.  While  differences  of  opinion  have  existed  in  reference 
to  the  proposed  diversion  of  the  literature  fund,  and  the  increase  of  the 
common  school  appropriation  from  the  State,  on  this  great  subject  but  one 
voice  is  heard  from  all  who  take  an  interest  in  the  welfare  and  improvement 
of  our  institutions  for  public  instruction,  and  the  universal  diffusion  of 
knowledge.  We  rejoice  that  this  is  so:  confident  as  we  are  that  the  final 
adoption  of  this  much  desired  reform  will  conduce  immeasurably  to  the 
elevation  of  our  schools,  the  progress  of  light  and  truth,  the  dispersion  of 
ignorance  and  error,  and  the  permanent  well  being  and  happiness  of  the 
community. 

Should  the  convention,  as  we  earnestly  trust  it  will,  adopt  the  section 
reported  by  the  committee,  in  reference  to  this  proposition,  we  shall  issue 
our  November  number  immediately  thereafter,  and  devote  it  entirely  to  the 
discussion  and  full  elucidation  of  this  great  subject,  in  all  its  bearings,  in 
order  that  the  people,  whose  province  it  will  then  be  to  act  upon  it,  may  be 
enabled  to  judge  of  its  merits  with  accuracy  and  discrimination :  and  we 
trust  our  example  will  be  followed  by  every  newspaper  in  the  State.  On  the 
other  hand,  should  the  convention  fail,  for  want  of  time,  or  otherwise,  to 
incorporate  this  provision  as  a  portion  of  the  new  constitution  we  shall 
still  feel  it  our  duty  to  continue  to  urge  this  subject  upon  the  attention  of 
the  people,  with  a  view  to  such  action  as  may  be  practicable,  through  the 
medium  of  the  Legislature. —  District  School  Journal,  October  1846 


FREE    SCHOOLS  I35 

The  Prospect  Before  Us 
Now  that  the  constitutional  statesmen  of  our  Commonwealth  have  deemed 
it  inexpedient  to  engraft  upon  our  fundamental  institutions  that  system  of  free 
schools,  by  means  of  which  our  sister  republic,  Massachusetts,  has  attained 
so  enviable  a  preeminence,  and  several  of  our  most  flourishing  cities,  includ- 
ing the  metropolis,  so  decided  an  advance,  in  the  great  educational  movement 
of  the  age,  it  becomes  us  to  take  a  calm  and  dispassionate  survey  of  the 
means  of  improvement  and  of  effort  which  still  remain.  Our  ample  common 
school  fund  has  been  renewedly  consecrated  exclusively  to  the  purposes  for 
which  it  was  originally  designed.  And  adequate  provision  has  been  made,  by 
constitutional  enactment,  for  its  progressive  increase,  to  meet  the  probable 
wants  of  the  future;  while  our  academies  are  to  receive  the  entire  avails  ot 
the  revenue  arising  from  the  U.  S.  deposit  fund.  Our  excellent  common 
school  organization  remains  inviolate,  and,  we  trust,  inviolable. —  District 
School  Journal,  December  1846 

The  interest  in  free  schools  continued  after  the  defeat  of  that 
movement  in  1846,  as  shown  by  the  following: 

The  Support  of  Common  Schools 

Interest  in  the  education  of  children  is  extending  and  deepening,  we  are 
happy  to  find,  in  the  public  mind  in  all  parts  of  the  State :  And  the  support 
of  the  school  system  of  this  State,  and  its  improvement  occupies  the  minds 
of  some  of  our  best  statesmen,  and  most  enlightened  philanthropists.  So 
firm  a  hold  has  this  subject  upon  the  judgment  of  the  people  that,  in  the 
late  Constitutional  Convention,  provision  was  not  only  made  for  the  yearly 
increase  of  the  Common  School  Fund,  but  a  resolution  for  the  separate 
submission  of  the  question  "  shall  the  schools  of  our  State  be  made  FREE, 
by  an  additional  tax  upon  the  property  thereof  ?  "  was  adopted  by  that  Body 
by  a  very  liberal  and  decisive  vote.  But  subsequently,  the  resolution  was 
withdrawn,  for  reasons  perhaps,  but  which  have  not  yet  satisfactorily  appeared 
to  the  friends  of  the  measure  —  One  of  our  most  enlightened  and  liberal 
minded  citizens,  in  allusion  to  the  withdrawal  of  the  resolution,  once  adopted 
by  the  Convention,  makes  the  following  feeling  and  sensible  reflections : 

"  It  is  indeed  to  be  regretted  that  our  late  Convention  for  amending  the 
Consitution,  had  not  sanctioned  the  adoption  by  law  of  the  Free  School 
System  throughout  the  State  —  This  would  have  been  simplified  as  well  as 
equalized  the  present  complicated  machinery  of  our  Common  School  estab- 
lishment. The  rich  and  poor,  then,  in  our  common  public  seminaries  of 
learning,  would  stand  where  they  ought  to  stand,  on  the  same  footing;  and 
the  special  object  of  benevolence  and  of  patriotism,  originally  contemplated 
and  ever  since  cherished  by  our  legislature,  in  regard  to  common  Schools, 
would  be  certainly  and  effectually  accomplished ;  for  then,  our  poor,  and  all 
our  poor,  would  be  educated.  But,  we  must  wait  and  hope,  and  strive  for  a 
better  state  of  things,  in  relation  to  this  subject.  At  present  the  poor  do 
not  enjoy,  nor  does  the  operations  of  our  school  system  secure  them,  that 
equal  participation  in  the  bounty  of  the  State,  to  which  they  are  entitled; 
much  less,  any  special  participation  therein.    Instead  of  being  sought  for 


136  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

and  cheerfully  admitted  into  our  schools,  as  they  should  be,  a  large  propor- 
tion of  them  are  virtually  excluded,  and  the  money  designed  for  their  benefit, 
engrossed  by  others  and  applied  to  the  use  of  those,  who  are  able  to  pay  for 
their  own  tuition.  Thus,  the  great  object  of  State  benevolence,  in  this  respect, 
is  in  part  defeated." 

The  alternative  which  the  friends  of  this  cause  have  to  adopt  in  the 
premises,  is  further  action,  and  petition  to  the  Legislature,  which,  we  believe 
it  is  conceded,  has  full  power  to  provide  for  such  support  of  our  common 
schools,  as  will  secure  the  general  education  of  all  classes,  especially  of 
those  whose  parents  are  unable  to  provide  the  means  to  pay  for  their  tuition ; 
and  it  appears  to  us  that  the  friends  of  Free  Schools  should  still  be  active 
in  their  exertions  to  procure  the  passage  of  such  law.  There  are  at  present 
about  11,000  district  schools  in  this  State,  which  report  within  their  bounds 
703.399  children,  between  the  ages  of  5  and  16;  among  whom  are  distributed 
annually  from  the  funds  of  the  State,  275,000  dollars,  which,  with  an  equal 
amount  raised  by  the  towns,  in  order  to  avail  themselves  of  this  amount, 
constitutes  the  whole  amount  of  public  money  devoted  to  Teachers'  wages 
in  this  State  at  550,000  dollars.  To  this  must  be  added,  the  amount  paid  by 
parents  upon  rate  bills,  which  it  is  estimated  may  exceed  this  amount  one-half, 
say  825,000  dollars  which  together  forms  an  aggregate  of  1,375,000  at  present 
paid  for  instruction  of  about  one-half  of  the  pupils  that  should  be  in  schools, 
while  it  is  feared,  as  our  correspondent  intimates,  a  very  great  proportion  of 
those  absent,  are  the  poor,  who  are  not  able  to  pay  the  rate-bill,  and  who 
do  not  receive  their  education,  as  a  gratuity,  under  our  present  system, 
because  of  its  complexity  and  difficulty  of  application. 

Admitting  the  above  positions  to  be  correct,  that  but  one  half  of  the  children 
reported  attend  these  schools,  for  any  period  of  the  year,  and  we  are  con- 
fident this  number  does  not  average  more  than  eight  months'  attendance;  we 
shall  have  301,133  under  instruction,  at  an  expense  of  $1,375,000  or  $4.56  for 
each  child  taught  for  eight  months  in  the  year:  besides  all  the  expense  for 
school  houses,  fuel,  books,  etc.  without  one  half  of  the  children  drawn  into 
the  schools  even  for  that  period.  While  on  the  other  hand,  under  the  Free 
School  System  in  the  city  of  New  York,  a  far  greater  proportion  of  the 
children  attend  for  twelve  months  in  the  year,  with  improved  modes  of 
instruction  and  eminent  Teachers,  at  an  average  expense  of  four  dollars  and 
forty  cents  each  scholar,  which  amount  includes  not  only  the  cost  of  tuition, 
but  also  of  books  repairs,  fuel,  apparatus,  etc.  In  Rochester,  moreover  it 
has  been  found  under  the  Free  School  System  five-sixths  of  the  children  of 
the  aforesaid  age  attend  the  schools,  while  in  Albany,  under  the  rate-bill 
system,  not  more  than  two-sixths  were  in  attendance  at  the  time,  these  facts 
were  ascertained.  Now,  is  it  not  a  matter  of  economy  as  well  as  wisdom, 
to  adopt  that  system  which  is  the  most  efficient  —  most  regular,  constant, 
and  least  expense,  for  the  accomplishment  of  the  great  desideratum,  the 
general  education  of  children  of  the  State?  In  one  case  it  cost  four  dollars 
and  fifty-six  cents  for  eight  months'  instruction  to  each  child,  without  books, 
fuel,  etc.  in  the  other,  four  dollars  and  forty  cents  for  twelve  months'  instruc- 
tion for  each  child,  including  books,  apparatus,  fuel,  etc.  and  reaching 
almost  double  the  number  of  those  whom  it  is  the  duty  and  the  province 
of  the  State  to  provide  for  their  education! 


FREE  SCHOOLS  137 

Let  us  look  at  the  expense  of  constituting  our  Common  Schools,  Free 
Schools,  by  a  tax  upon  the  property  thereof,  which  we  believe  to  be  the 
popular  wish,  could  it  be  fairly  tested;  and  which  we  conceive  would  not  b^ 
seriously  resisted  by  capitalists,  and  the  wealthy  portions  of  the  community, 
when  its  importance  and  advantages  were  fully  brought  to  bear  upon  their 
judgment  and  their  liberality  toward  an  unfortunate,  yet  innocent  and  de- 
serving class  of  their  fellow  beings,  and  the  future  supporters  of  the  social 
fabric  society. 

We  have  seen  there  are  ii,ooo  Districts  Schools  in  the  State,  which  at  an 
average  of  250  dollars  each  per  annum  for  Teacher's  wages,  would  require 
the  sum  of  $2,750,000.  The  public  funds  with  the  pay  on  rate-bills  already 
provided,  amount  to  $1,925,000.  Balance  of  Teacher's  wages  to  be  raised, 
$825,000  or  about  three  times  the  present  amount  of  public  money  raised  in 
the  several  towns  for  the  support  of  the  schools.  And  would  this  amount, 
or  even  the  whole  sum  of  $2,200,000  spread  over  the  $617,000,000  of  taxable 
property  of  the  State,  in  any  way  oppress  the  tax  payers,  when  by  it  they 
would  secure  the  instruction  of  almost  the  entire  juvenile  population,  in 
much  less  time  than  is  now  employed  in  parts  of  years,  for  the  imperfect 
tuition  of  about  half  the  number?  In  the  cities,  where  Free  Schools  exist,  a 
tolerable  education  is  obtained  by  the  scholars  in  attending  from  7  to  12 
years  of  age  and  they  are  then  better  prepared  for  trades,  or  other  active 
employments  while  the  pupils  in  our  country  schools  seldom  acquire  a  suffi- 
cient education  under  the  present  practice,  up  to  16  years  of  age,  when  the 
law  excludes  them  from  any  further  participation  in  the  funds  devoted  to  the 
cause  of  education. 

Let  this  infallible  truth  be  impressed  upon  the  minds  of  our  Legislators 
when  contemplating  this  important  subject,  that  children  nre  the  heritage 
and  hope  of  the  State ;  that  their  capacities  of  usefulness,  support  and  defence, 
in  after  life,  their  activities,  improvements,  industry  and  production  of  labor 
and  ingenuity,  are  to  benefit  the  wealthy  and  other  members  of  the  community, 
even  more  than  the  parents  that  bore  and  sustained  them  in  early  infancy 
and  childhood ;  and  if  by  proper  education,  they  become  useful  citizens,  able 
defenders  of  the  right  in  the  cabinet  and  the  field,  the  good  results  will 
unquestionably  be  felt  in  all  parts  of  the  Republic;  and  in  this  light,  every 
child  in  the  State  has  an  irrefragable  right  and  claim  for  an  education  in 
ordinary  cases  upon  the  property  of  the  State.  Universal  Education  is  the 
cheap  defence  of  Nations. —  Teachers'  Advocate,  March  4,  1847 


Rate  Bill  Exemptions 

We  are  frequently  told,  when  advocating  a  Free  School  System,  that  "  the 
right  to  exempt  a  poor  man's  bill  makes  our  present  system  as  free  as  can 
be  desired."  Were  it  not  that  these  exemptions  tend  to  humiliate  those  who 
need  encouragement  there  would  be  some  force  in  the  remark.  The  bare, 
fact  that  a  man's  school  bill  is  exempted  is  made  the  theme  of  reproachful 
conversation  throughout  the  district  and  consequently  induces  those  who 
need  this  provision  of  the  law  to  keep  their  children  from  the  school.  In 
this,  sdciety  depresses  still  lower  that  very  class  which  sound  policy  dictates 
should  receive  its  fostering  care  and  protection.     To  extend  the  boon  of 


138  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

education  as  a  common  charity  is  repugnant  to  the  spirit  of  truly  free 
Institutions. 

These  exemptions  being  taxable  upon  the  district,  are  not  made  as  freely 
as  they  should  be  —  We  know  of  many  instances  where  the  manner  of  offer- 
ing to  make  them  was  such  as  to  wound  the  spirit  of  a  man  and  make  their 
acceptance  even  worse  than  the  bitings  of  poverty.  School  officers  too  often 
fear  the  illiberal  spirit  that  frequently  obtains  in  the  district,  and  are  deterred 
from  obeying  their  own  sense  of  justice  and  propriety  by  the  expected 
frowns  which  the  exemption  will  excite.  If  made  a  town  charge  it  would 
be  far  better  for  those  who  receive  the  exemptions.  There  be  less  hesitancy 
in  making  and  receiving  them.  A  correspondent  of  the  Poughkeepsie  Tele- 
graph has  presented  some  facts  on  this  subject  that  ought  to  make  humanity 
blush.  The  editor  of  that  paper  has  prefaced  the  communication  in  a  per- 
tinent and  appropriate  manner.    We  subjoin  his  remarks  and  communication. 

We  fear  there  are  too  many  cases  like  the  following  in  the  administration 
of  our  complicated  School  Laws.  Too  many  of  the  Trustees  of  districts  are 
parsimonious.  Liberal  and  enlightened  men  should  always  be  chosen  for 
these  officers.  —  They  should  be  men  who  will  be  willing  to  exempt  any  per- 
son in  a  district  who  will  be  distressed  by  paying  the  tuition  of  his  children  — 
men  who  will  readily  levy  a  tax  upon  a  district  whenever  necessary  —  Men 
who  will  say  that  every  child  of  persons  of  limited  means,  especially  in  winter 
must  be  in  school.  Such  are  the  men  who  are  wanted  for  the  Trustees  of 
School  Districts.  They  will  employ  good  Teachers,  and  exert  themselves  that 
the  school  may  do  good. —  Ed.  Telegraph. 

Mr.  Editor, —  I  wish  to  present  a  few  facts  through  your  columns  to 
the  public,  with  regard  to  our  present  school  system.  I  feel  very  deepl> 
the  importance  of  making  Education  general ;  and  I  think  there  are  some 
objections  to  the  present  system,  inasmuch  as  it  does  not  do  this.  I  will 
not  pretend  to  say  but  what  the  present  law  would  make  education  general 
if  its  design  was  carried  out  according  to  the  intentions  of  those  who  made 
it;  but  there  are  some  things  left  discretionary  with  the  officers  of  the 
district,  which  in  many  cases  operate  very  injuriously  upon  the  cause  of 
Education.  Quite  a  number  of  such  cases  have  come  within  my  own  observa- 
tion, and  I  will  name  a  few  only  of  them. 

In  one  district  which  I  am  well  acquainted,  there  are  at  the  present  time 
some  six  or  eight  children  staying  from  school,  because  their  parents  are 
unable  to  pay  their  "  school  bills,"  and  the  trustees  do  not  give  them  the 
benefit  of  the  law  as  it  was  undoubtedly  intended  they  should  have. 

Another  case  occurred  in  the  northern  part  of  the  county.  The  individual 
was  a  poor  mechanic.  He  had  a  large  family,  and  wished  to  give  his  children 
as  much  education  as  possible.  He  sent  them  to  school ;  but  when  the  quarter 
ended,  he  was  unable  to  pay  only  a  part  of  his  bill,  yet  the  trustees  refused 
to  give  him  clear  without  he  paid  the  whole  bill.  Consequently,  a  "  Rate-bill " 
was  made  out,  and  the  most  useful  articles  he  had  for  carrying  on  his 
trade,  were  taken  and  advertised  for  sale.  On  the  first  day  of  the  sale,  from 
some  cause  or  other,  I  know  not  what,  there  were  no  purchasers  present. 
But  do  you  think  these  benevolent-hearted  individuals  were  satisfied?  Not 
they!       The  district  had  committed  an  important  trust   to  their  care,  and 


FREE   SCHOOLS  I 39 

they  must  not  suffer  a  poor  man  to  become  a  tax  upon  the  district,  so  the 
day  of  sale  was  postponed !  But  these  public  spirited  men  were  finally 
prevented  from  doing  their  work  of  benevolence,  by  an  officer  even  higher 
in  authority  than  themselves. 

A  teacher  a  few  days  ago,  called  upon  a  poor  man  and  asked  him  why 
he  had  taken  his  children  from  school?  He  replied  that  he  could  not  pay 
his  school  bill.  The  Teacher,  more  benevolent  than  his  employers,  (although 
he  could  not  afford  it)  told  him  to  send  them  to  school,  and  what  he  did 
not  pay  or  could  not,  he  need  not  trouble  himself  about. 

These  are  only  a  few  of  the  great  number  of  cases  which  has  come  within 
my  observation,  of  a  similar  character.  It  is  believed  that  schools  are  very 
often  "  broken  up "  by  this  course  of  conduct.  There  are  some  who  are 
unable  to  pay  the  whole  of  their  school  bill,  and  knowing  that  they  will  be 
exacted  (in  many  cases)  to  the  uttermost  farthing,  they  withdraw  their 
children  from  the  school.  The  school  becomes  small  and  is  frequently 
discontinued  until  a  ten  dollar  Teacher  can  be  emploj'ed. 

Yours, 

H.  D. 
Poughkcepsie,  Feb.  nth,  1847. 

— Teachers'  Advocate,  April  i,  iU7 

The  First  Free  School 

The  Waldenses,  ancestors  to  the  Vaudois,  were  the  first  people  in  Europe 
who  made  regulations  as  a  community,  that  all  the  children  of  every  degree 
should  be  taught  the  elementary  branches  of  an  education.  For  ages  before 
the  Scotch  Parliament  in  1494,  made  enactments  which  compelled  the  barons 
and  substantial  freeholders  to  send  their  sons  to  school,  the  Waldenses  had 
taken  care  that  all  the  children,  including  those  of  the  poorest  goatherds  — 
should  have  access  to  some  school  free  of  expense.  Their  Teachers  were 
their  pastors,  the  two  professions  at  that  time  being  hardly  separable.  In 
other  countries  of  Europe,  learning  was  saved  by  the  Priesthood  from  utter 
extinction  for  their  own  use  and  advantage;  these  saved  it  by  accretion, 
but  the  Vaudois  saved  it  by  diffusion.  Bernard  of  the  12th  century,  thus 
testifies  with  regard  to  them :  "  The  rusticks  and  laymen  in  these  valleys 
are  taught  to  argue  with  and  confute  their  betters  upon  subjects  that  they 
have  had  no  business  to  meddle  with ;  for  they  have  schools  every  where 
in  which  the  meanest  of  the  people  are  allowed  to  attend." 

New  England  has  tried  this  free  school  system  for  almost  two  centuries. 
Its  feasibility  and  utility  has  been  there  thoroughly  tested  —  and  the  people 
are  now  convinced,  both  there  and  in  our  own  state,  that  instead  of  the  fool 
being  taught  but  part  of  the  year  by  a  man  called  from  the  plough,  or  from 
behind  the  counter,  that  it  ought  to  be  taught  the  whole  year  by  a  regularly 
educated  professional  Teacher. — Teachers'  Advocate,  July  g,  1847 

Press  Comments 
The   following  are   some  selections   from   the  newspapers  and 
periodicals  commenting  upon  the  constitutional  convention: 


I40  THE   UNIVERSITY    OF    THE   STATE    OF   NEW    YORK 

From  Report  to  Hon  N.  S.  Benton  from  N.  C.  Blauvelt,^  County 
Superintendent  Rockland  County,  October  22,  184^ 

The  want  of  education  never  was  more  visible  to  the  people  than  at  pres- 
ent. Its  force  is  now  just  beginning  to  be  felt.  The  excitement,  which  was 
so  warmly  agitated  in  this  county  during  the  last  fall,  has  succeeded  admir- 
ably in  waking  up  the  public  mind  to  the  importance  of  educating  the  people 
not  only,  but  devising  means  for  the  accomplishment  of  so  worthy  an  object. 
And  were  I  called  upon  now  to  venture  my  opinion  upon  the  probable  con- 
clusion to  which  the  majority  of  the  opposition  have  arrived,  I  could  not 
but  say,  that  they  are  favorable  to  the  main  features  of  our  present  system, 
in  comparison  with  the  system  as  administered  at  any  period  previous  to  its 
present  organization. 

It  is  not  my  object  nor  yet  my  wish  to  discuss  the  subject,  yet  I  must  here 
declare,  that  the  public  mind  is  rapidly  verging  towards  a  system  of  free 
schools,  where  a  thorough  English  education  shall  be  provided  for  every 
individual  at  the  expense  of  the  property  of  the  people.  It  is  the  only  system 
which  is  calculated  effectually  to  secure  a  proper  education  to  the  masses, 
and  under  it  a  perfect  and  permanent  safeguard  to  the  free  institutions  of 
our  country.  That  the  scheme  is  practicable  and  salutary  in  the  end  to  be 
attained,  to  wit,  the  affording  of  a  proper  education  to  all,  a  complete  prepa- 
ration for  all  the  social  and  civil  relations  of  life,  I  need  only  refer  you  to 
the  public  schools  of  the  city  of  New  York,  whose  character  is  not  only 
daily  progressing,  but  whose  present  condition  will  vie  with  that  of  any 
others  in  the  state.  The  popular  feeling  of  Rockland  county  is  now  on  the 
side  of  free  schools. — District  School  Journal,  August  1846 

Free  Schools 

At  a  recent  state  convention  of  county  superintendents  held  at 
Albany,  a  resolution  was  adopted  recommending  the  establishment  of  free 
public  schools  throughout  the  State.  It  was  also  resolved  to  bring  the  sub- 
jects in  a  special  manner  before  the  constitutional  convention  for  its  delib- 
erate consideration. 

The  plan  of  adopting  the  system  of  making  our  public  schools  free  to  all, 

^Nicholas  C.  Blauvelt  was  born  July  22,  1814,  near  Spring  Valley,  and  liis  childhood 
was  passed  on  his  father's  farm.  At  a  very  early  age  he  was  sent  to  the  district  school 
and,  having  a  natural  aptitude  for  learning,  he  soon  mastered  the  alphabet  and  astonished 
his  parents  by  his  proficiency.  At  the  age  of  Iten  years  he  was  taken  to  New  York,  and 
being  placed  in  a  select  school  taught  by  Isaac  D.  Cole,  began  the  study  of  Latin.  He 
remained  there  three  months  and  was  then  sent  to  the  New  York  High  School,  which 
was  at  that  Itime  considered  the  best  in  the  city.  When  thirteen  years  old  he  was  sent  to 
the  grammar  school  connected  with  Rutgers  College,  and  in  two  years  was  prepared  to 
enter  college.  By  the  advice  of  friends  he  remained  in  the  school  another  year,  joined  the 
sophomore  class  and  was  graduated  in  1833.  It  was  the  desire  of  his  parents  to  have 
him  enjter  the  ministry,  but  not  feeling  prepared  for  that  holy  calling,  he  resolved  to  study 
medicine;  but  his  parents  objecting  to  this,  he  began  teaching,  and  continued  in  this  em- 
ployment till  1841,  when  he  was  appointed  by  the  board  of  supervisors  to  the  office  of 
county  superintendent  of  common  schools.  In  this  position  he  remained_^hree  years.  At 
the  end  of  this  time  the  office  was  abolished,  and  Mr  Blauvelt  resumed  his  former  occupa- 
tion, continuing  to  teach  until  1852.  In  the  fall  of  that  year  he  was  elected  member  of 
Assembly,  where  he  served  on  ^the  committee  for  colleges  and  common  schools.  In  1853 
he  established  a  mercantile  business  in  Spring  Valley,  and  continued  it  for  ten  or  twelve 
years.  In  1855  he  was  elected  supervisor  of  the  town  of  Ramapo,  and  was  reelected  the 
succeeding  year.  In  1863  he  was  elected  school  commissioner  and  held  the  office  two 
terms,  and  was  for  fifteen  years  clerk  of  the  board  of  supervisors.  Deeply  interested  in 
^he  cause  of  education,  he  was  instrumental  in  awakening  the  minds  of  his  fellow  citizens 
to  the  necessity  of  better  school  accommodation,  and  the  result  of  his  labors  was  the 
establishment  of  the  union  school  of  Spring  Valley,  and  Mr  Blauvelt  was  a  member  of 
the  first  board  of  education. 


NICHOLAS  BLAUVELT 

(From    "History    of    Rockland    County"    by    Rev. 
David    Cole) 


FREE    SCHOOLS  I4I 

is  beginning  to  be  talked  of  with  much  earnestness.  The  matter  was  most 
fully  discussed  by  the  enlightened  educationists  assembled  in  the  recent  con- 
vention. To  establish  free  schools  is  of  course  to  levy  a  tax  for  the  amount 
it  would  require  to  sustain  them,  and  we  may  very  naturally  look  for  the 
determined  and  persevering  hostility  to  the  measure  from  those  not  suffi- 
ciently patriotic  to  give  up  a  tithe  of  their  income  for  the  public  good.  On 
the  other  hand,  the  poor,  those  in  that  happy  medium  possessing  neither 
riches  nor  poverty,  and  those  willing  to  make  sacrifices  for  the  common 
good,  may  be  expected  to  advocate  the  plan. 

For  ourselves,  we  go  in  for  the  most  perfect  system  of  education,  that 
which  will  most  thoroughly  and  universally  wake  up  the  mind  of  the  nation, 
and  establish  its  morals,  cost  what  it  may.  The  money  contributed  to  the 
thorough,  intellectual  and  moral  education  of  the  poor,  is  like  "  bread  cast 
upon  the  waters,"  to  return  again  after  many  days.  Men  of  property  will 
do  well  not  to  condemn  the  plan  of  free  public  schools  without  canvassing 
the  subject  fairly.  If  we  would  sustain  and  increase  the  value  of  our  prop- 
erty we  must  sustain  the  Republic,  and  if  we  would  sustain  the  Republic, 
we  must  sustain  schools  for  the  people.  If  the  system  of  free  schools  will 
more  generally  diffuse  the  blessings  of  education,  then  we  hope  to  see  it 
generally  supported. — Elmira  Republican 

Prospects  of  a  Free  School  System  for  the  State 

The  friends  of  education  will  be  highly  gratified  to  learn  that  provisions 
will  without  doubt  be  made  in  the  new  Constitution  for  a  system  of  Free 
Schools.  The  New  York  Morning  News,  in  speaking  of  the  Educational 
Committee,  says: 

Messrs  Nicoll  and  Hunt  of  this  city  are  on  the  Committee  on  Education, 
the  former  being  Chairman ;  and  if  their  associates  are  of  kindred  sentiments 
we  may  reasonably  anticipate  that  the  most  enlightened  and  liberal  provisions 
will  be  urged  in  relation  to  this  vital  and  interesting  subject 

The  Committee  is  composed  of  Messrs  Nicoll  of  New  York,  Munro  of 
Onondaga,  Bowdish  of  Montgomery,  Young  of  Wyoming,  Tuthill  of  Orange, 
Willard  of  Albany,  and  Hunt  of  New  York. 

We  have  no  doubt  of  a  report  unanimously  recommending  a  Free  School 
System,  liberally  endowed  and  under  an  independent  and  efficient  supervision. 
Mr  Bowdish  has  already  given  ample  evidence  of  sound  and  correct  views 
on  this  subject.  Judge  Munro  is  a  devoted  friend  of  education  and  a  repre- 
sentative of  a  Free  School  County,  and  hails  from  a  town  so  alive  to  this 
great  question,  that  its  electors  passed  a  resolution  strongly  recommending 
it  as  the  great  democratic  measure  of  the  age.  The  late  State  Convention  of 
County  Superintendents  afforded  an  opportunity  for  Dr  Willard  to  prove 
himself  an  able  advocate  for  the  system.  His  experience  as  County  Super- 
intendent has  confirmed  his  opinions,  and  convinced  him  that  an  entire  Free 
School  System  is  the  only  one  worthy  of  an  entire  Free  People. —  It  was  a 
source  of  gratification  to  us  that  his  name  was  associated  with  that  Com- 
mittee, for  we  felt  assured  that  the  subject  would  be  fully  presented  and 
fairly  discussed.  Of  the  other  members  of  the  Committee  we  have  no  per- 
sonal knowledge,  except  that  Mr  Young  is  highly  esteemed  in  his  own 
County  as  a  friend  to  education  and  as  a  man  of  sound  judgment 


142  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

We  therefore  expect  that  this  great  subject  will  be  fully  and  fairly  dis- 
cussed in  the  Committee,  and  that  a  strong  report,  unanimously  recom- 
mending a  Free  School  System  under  an  independent  and  efficient  super- 
vision, as  one  of  the  amendments  to  the  new  Constitution. —  Teachers'  AdvO' 
cate,  June  24,  1846 

Onondaga  County  Common  School  Association 

A  report  was  received  from  E.  Cooper,  chairman  of  the  Committee  on  the 
Free  Schools,  which  was  adopted.  The  report  was  accompanied  by  the  fol- 
lowing resolutions,  which  were  passed  unanimously: 

Whereas,  Thorough  and  universal  education  is  indispensably  necessary  to 
the  support  of  a  free  Government,  and  is  the  only  means  of  qualifying  the 
mass  of  the  people  for  developing  the  resources  of  the  country,  and  for  the 
full  enjoyment  of  the  blessings  conferred  by  a  well  governed  and  intelligent 
republic,  therefore 

Resolved,  That  we  regard  a  free  common  school  system,  with  ample  and 
permanent  provisions  for  its  support,  as  the  great  democratic  measure  of  the 
age,  demanded  alike  by  the  dictate  of  sound  policy  and  the  voice  of  a 
Heaven-born  humanity ;  —  a  measure  without  which  the  integrity  of  our  own 
free  institutions  cannot  be  preserved,  and  therefore  should  be  provided  for  in 
the  fundamental  laxv  of  the  State. —  Teachers'  Advocade,  July  15,  1846 

Free  Schools 

The  Convention  now  in  session  at  Albany,  cannot,  among  the  many  sub- 
jects of  their  attention,  select  one  of  more  importance  in  the  amelioration  of 
the  masses  and  the  perpetuity  of  free  and  economical  government,  than  that 
of  our  future  system  of  schools.  In  the  progress  of  school  reform,  and  in 
the  devotion  of  ardent,  zealous  and  able  advocates  of  the  cause,  without 
distinction  of  party,  New  York  is  second  to  no  State  in  the  Union  —  pointing 
to  her  eleven  thousand  schools,  she  may  well  exclaim,  as  did  the  Roman 
matron,  "  these  are  my  jewels."  But  perfection  in  human  affairs  has  not, 
as  yet,  been  attained ;  and  we  submit  to  the  wisdom  of  the  f  ramers  of  our 
State  Constitution,  whether  a  system  of  Free  Schools  may  not  be  devised, 
which  will  diffuse  the  light  of  intelligence  to  the  remotest  corners  of  our 
State,  "  dispensing  its  blessings  Hke  the  dews  of  Heaven,"  upon  which  all, 
without  distinction  of  caste  or  condition.  The  obstacles  are  not  few  which 
the  poor  now  encounter  in  obtaining  the  simplest  rudiments  of  book  instruc- 
tion, and  the  eminent  men  springing  from  that  class,  attain  the  object  of 
their  ambition,  only  through  the  exercise  of  unbending,  indomitable  resolu- 
tion, which  mankind  rarely  possess. 

Such  a  system  will  constitute  the  only  firm  basis  of  social  and  political 
equality  —  the  protection  of  property  and  the  rights  of  persons,  the  preserva- 
tion of  good  order,  and  obedience  to  the  laws  —  the  proper  formation  and 
limit  of  those  laws ;  in  short,  the  well  being  of  community,  and  the  successful 
issue  of  the  experiment  of  self-government,  demand  that  the  means  of  educa- 
tion be  proffered  to  the  whole  people. —  Teachers'  Advocate,  August  12,  1846 


FREE   SCHOOLS  143 

The  Free  School  System 

Any  individual  at  all  conversant  with  the  practical  operation  of  the  exist- 
ing system,  can  readily  refer  to  instances  of  frequent  occurrence,  where 
parents  in  comparatively  indigent  circumstances,  but  with  large  families  of 
children  of  suitable  age  for  common  school  instruction,  are  virtually  com- 
pelled to  keep  their  children  at  home,  either  from  the  capricious  refusal  of 
trustees  to  exempt  them,  wholly  or  in  part,  from  the  pajTnent  of  their  share 
of  the  rate  bill,  or  from  an  unwillingness,  growing  out  of  an  honest  feeling  of 
pride,  to  claim  such  exemption. 

There  is  another  mode,  also,  by  which  the  expenses  of  the  school  are,  in 
many  instances,  greatly  enhanced  by  those  who  avail  themselves  of  its 
privileges,  and  for  which  no  adequate  remedy  can  be  devised  under  the 
present  state  of  things.  The  term  commences  under  the  most  flattering 
auspices,  and  the  school  is  filled  up  with  the  children  of  the  district.  Soon, 
however,  difficulties  begin  to  be  started  —  the  teacher  does  not  meet  the 
expectation  of  some  of  his  employers  —  the  children  first  of  one  family 
and  then  another  are  gradually  withdrawn  —  dissensions  ensue — and  before 
the  term  finally  closes,  the  school  has.  perhaps,  dwindled  down  to  a  mere 
fraction  of  its  original  size.  Had  the  attendance  been  constant  and  regular, 
the  rate  bills  would  have  been  trifling  —  while  under  existing  circumstances 
—  circumstances  over  which  those  who  have  persisted  in  sending  their 
children  to  school,  could  have  exercised  no  possible  control  —  the  factions 
and  discontended  portion  of  the  district  who  have  virtually  succeeded  in 
breaking  up  the  school,  and  paralyzing  its  capacity  of  usefulness,  are  charged 
in  the  rate  bill  only  for  the  time  they  have  actually  sent  —  leaving  those  who 
have  been  the  uniform  and  steady  supporters  of  the  school  to  pay  a  greatly 
augmented  sum,  and  to  sustain  the  chief  burden  of  its  maintenance.  These 
are  cases  of  frequent  occurrence  in  the  country  districts;  and  their  tendency 
is  unfavorable  in  the  extreme  to  the  welfare  and  prosperity  of  the  schools. 
A  premium  is,  in  fact,  held  out  for  their  desertion :  and  amid  the  prevalence 
of  district  controversies  and  dissentions  arising  out  of  the  local  administra- 
tion of  the  system,  no  readier  or  more  effective  mode  presents  itself  to  the 
respective  combatants  of  annoying  each  other,  than  by  thus  skilfully  trans- 
ferring the  pecuniary  burden  of  the  school  to  the  shoulders  of  those  who, 
while  perhaps  they  may  be  the  most  desirous  of  availing  themselves  of  the 
benefits  of  education  thus  placed  within  the  reach  of  their  children,  are  the 
least  able  to  defray  its  increased  expenses. 

The  only  adequate  remedy  for  these  pervading  evils  is,  we  are  convinced, 
to  be  found  in  the  adoption  of  an  enlightened  system  of  Free  Schools,  to  be 
supported  at  the  public  expense,  from  the  public  funds,  and  from  the 
taxable  property  of  the  community  generally. — District  School  Journal,  July 
1846 

Teacher's  Convention 

Thursday,  August  20,  9  A.  M. 

Called  to  order  by  J.  W.  Bulkeley,  1st  Vice  President. 

Prayer  by  Rev.  Mr  Shepherd. 

Minutes  read  and  approved. 

Mr  Haywood,  of  Rensselaer  co.,  presented  a  report  on  the  School  System, 
in  which  he  took  decided  ground  for  free  schools,  and  closed  with  the  fol- 
lowing resolution: 


144  THE    UNIVERSITY    OF   THE   STATE    OF    NEW   YORK 

Resolved,  That  the  school  system  of  every  Christian  State  should  recognize 
the  Bible  as  the  standard  of  morals,  the  great  source  of  truth. 

Resolved,  That  we  look  with  much  interest  to  the  action  of  the  Con- 
stitutional Convention  on  the  school  system  and  we  cordially  approve  that 
feature  in  the  committee's  report  which  would  remove  the  tax  on  attendance 
and  make  the  schools  free.  The  people,  we  believe,  are  ready  for  the 
question. 

These  resolutions  were  adopted. 

Mr  Brittian  offered  the  following  resolution: 

Resolved,  That  those  Union  Schools  which  sustain  an  Academical  Depart- 
ment, should  receive  an  appropriation  from  the  Literature  Fund  in  the  same 
manner  and  on  the  same  conditions  as  the  regularly  incorporated  academies. 

After  an  eloquent  advocacy  by  Prof.  Davis,  Mr  Freeman  offered  the  fol- 
lowing substitute: 

Resolved,  That  the  Union  Schools,  and  all  other  literary  institutions 
receiving  aid  from  State,  should  be  equally  free  to  all  and  on  the  same  terms 
as  the  Common  Schools. —  Utica  Daily  Gazette,  August  21,  1846 

Resolutions  Adopted  at  First  Annual  Meeting  of  New  York  State 
Teachers  Association,    Utica,   August   ip,    1846 

Resolved,  That  we  fully  and  cordially  approve  of  the  propositions  submitted 
by  the  committee  on  education,  etc.,  to  the  State  convention,  now  in  session, 
for  the  establishment  by  law  of  a  system  of  Free  Schools,  and  for  the  free 
education  of  every  child  of  the  State,  in  the  common  schools  now  established, 
or  hereafter  to  be  established  therein ;  and  that  we  earnestly  recommend  Its 
adoption  by  the  Convention,  and  its  sanction  by  the  people,  in  the  full  con- 
viction that  the  prosperity  and  well  being  of  all  our  institutions,  civil,  social 
and  religious,  and  that  the  welfare  and  happiness  of  the  people,  individually 
and  collectively,  are  inseparably  identified  with  the  universal  diffusion  of 
sound  knowledge  and  the  inculcation  of  virtuous  principles. 

Resolved,  That  a  copy  of  these  resolutions,  duly  certified  by  the  officers 
of  this  Association,  be  forwarded  by  the  Secretaries  to  the  President  of  the 
State  Constitutional  Convention,  with  a  request  that  they  be  laid  before  that 
honorable  body. 

Free  School  System 

Friend  Cooper  —  It  is  with  great  pleasure  that  I  have  witnessed  the 
presentation  and  advocacy  of  the  system  of  Free  Schools  by  the  two  Educa- 
tional papers  in  this  State. —  The  session  of  the  Constitutional  Convention 
makes  this  an  appropriate  period  for  the  examination  of  this  subject.  The 
action  of  the  recent  State  Convention  of  Co.  Superintendents,  was  as  favor- 
able as  could  have  been  anticipated,  or  perhaps  desired.  I  trust  the  subject 
will  be  considered  by  the  Teachers'  State  Convention  of  this  summer. 

Although,  Mr  Editor,  my  peculiar  field  of  labor  is  not  in  the  cause  of 
education,  yet  I  can  never  forget  the  ties  which  my  Teachers'  life  and  asso- 
ciations have  awakened;  besides,  it  is  the  peculiar  province  of  all  who  boast 
the  honor  of  American  citizenship  to  be  connected  with,  and  interested  In, 
all  that  pertains  to  the  education  of  the  people.  America  is  the  country 
where  the  experiment  of  a  thorough  education  of  the  masses  is  destined  to 
be  tried. 


FREE   SCHOOLS  145 

Strange,  yet  not  stranger  than  true,  that  among  the  hundreds  of  nations 
that  have  sprung  up,  flourished  and  decayed;  not  one  yet  ever  tested  the 
results  of  a  systematic  and  universal  education  of  their  people.  New  York 
has  done  much  toward  this  object  —  is  doing  more  —  so  has  the  land  ot  the 
Pilgrims.  But  how  far  are  we,  although  acknowledged  to  be  taking  the  lead 
in  educational  enterprise  and  improvement,  of  any  of  our  sister  states,  and 
consequently  of  the  world,  from  the  summit  of  universal  education.  And  by 
education.  I  do  not  mean  the  "  read,  write  and  cipher "  definition,  but  the 
philosophic  one  —  the  full  and  harmonious  development  of  man's  noble  facul- 
ties, physical,  intellectual  and  moral.  Rome,  cultivated  in  her  early  days,  to 
considerable  perfection,  the  physical  of  man  —  in  her  latter  days,  the  intel- 
lectual ;  but  the  education  of  the  moral  faculties  was  never  pursued  to  any 
great  extent.  The  same  may  be  said  of  Greece;  in  part  of  Egypt  and  the 
Saracens.  But  to  a  great  extent,  the  beauties  and  unattainable  perfections 
of  the  classic  intellect  of  ancient  days,  exist  only  in  the  hereditary  imagina- 
tion of  those  so  happy  as  to  be  able  to  appreciate  them,  and  from  the  indis- 
tinctness and  reverence  with  which  we  survey  the  Ancients,  made  venerable 
by  the  lapse  of  ages.  Rome  with  all  her  glory  —  Greece,  with  all  her  fond 
and  inspiring  associations  —  Egpyt,  once  the  centre  of  civilization  and  science ; 
the  Oriental  nations,  crowned  with  the  honors  of  early  Saracen  literature  — 
never  dreamed  of  the  untold  and  mighty  effects  of  the  Universal  and  thorough 
Education  of  the  whole  people. 

We  want  no  Helots  as  slaves,  degraded,  ignorant  and  down-trodden  —  but 
that  all  wearing  the  image  of  humanity,  claiming  likeness  to  their  Grand 
Original,  should  be  educated  by  the  State.  The  degradation  and  moral 
depravity  of  any  portion  of  community  exerts  its  blighting  influence,  not  only 
upon  its  unfortunate  victims ;  but  reacts  with  demoralizing  tendencies  upon 
the  whole  social  fabric. 

America  seems  marked  out  by  the  course  of  events  as  the  appropriate  land 
where  improvements  and  reforms  in  Government,  education  and  social 
organization  are  to  be  first  tested.  We  are  the  most  intelligent  people  on 
earth  —  the  most  active,  enterprising  and  moral ;  why  should  we  not  solve  the 
problems  of  man's  progression  with  the  greatest  assurances  of  success.  Our 
march  is  "  onward  and  upward,"  he  who  dreams  that  the  ultimatum  of 
improvement  in  government,  education  and  social  policy  are  already  attained, 
will  soon  be  disappointed  by  the  irresistably  onward  advance  of  the  pro- 
gressive energies  of  the  American  people.  Republicanism  is  a  great  step 
from  monarchy  or  any  government  of  the  few.  And  even  now,  in  old 
England,  the  purpose  is  seriously  made  by  one  party  to  substitute  a  natural 
elective  Aristocracy  after  the  plan  of  the  American  Senate,  for  the  hereditary 
House  of  Lords !  With  the  increased  democracy  of  our  institutions  should 
advance  the  equality  and  universality  of  education.  With  Universal  Suffrage 
should  be  associated  Universal  Education, 

It  was  a  remark  of  the  Revolutionary  days,  that  education  formed  the 
basis  of  democratic  freedom.  It  is  a  truth  hallowed  by  its  origfin,  and  one 
we  may  well  repeat  and  profit  by ;  when  through  ignorance  or  general  vice  the 
masses  of  our  people  become  degraded,  O !  where  will  be  the  glories  of  our 
democracy,  the  comparative  perfection  of  our  institutions?  Wherein  is  the 
tyranny  of  a  vicious  mass  of  people  preferable  to  that  of  a  King?  the  pemi- 

10 


146  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

cious  eflfects  are  the  same,  except  that  the  one  possesses  the  power  and  inherent 
remedy  of  self-redress. 

The  genius  of  our  institutions  demands  thai  the  portals  of  education  should 
be  free  as  the  air  we  breathe.  Why  is  our  government  so  much  superior  to 
the  South  American  Republics?  It  consists  ordy  in  the  superiority  of  the 
people.  And  wherein  does  this  superiority  exist,  as  much  as  in  the  education 
of  the  people?  O!  if  there  is  one  boon  I  could  obtain  for  my  own  dear 
land,  if  it  could  be  purchased  at  the  expense  of  toil,  slavery,  of  life  itself;  it 
should  be  obtained,  and  America  be  blessed  with  Universal  Education.  This 
wild  theory,  this  transcendentalism,"  I  would  purchase  at  any  price.  "  With- 
out it  we  are  dead  —  or  we  live  only  to  servitude" — with  it  we  shall 
continue  to  be  the  guiding  nation  of  the  world  —  the  peaceful  missionaries 
of  liberty,  elevation  and  education  —  the  transformers  of  the  serfs  and  vas- 
sals of  feudal  ages  to  the  noblemen  of  Nature  — American  Freemen.  Ere 
long  the  announcement — "I  am  an  American  citizen,"  shall  convey  to  the 
world  not  only  the  idea  of  an  independent  freeman,  but  of  a  refined,  intel- 
ligent and  educated  man.  Europe,  Asia  and  Africa  will  look  with  wonder, 
admiration  and  awe,  upon  the  beings  that  inhabit  our  land ! 

William  Barnes 

Albany,  June  24,  1846 

—  Teachers'  Advocate,  July  15,  1846 

School  System  for  a  Free  People 

The  following  is  the  resolution  appended  to  the  excellent  Report  on  the 
School  System  adopted  by  the  State  Teachers'  Association,  and  published  in 
our  last : 

Resolved,  That  we  look  with  much  interest  to  the  action  of  the  Con- 
stitutional Convention  on  the  school  system,  and  we  cordially  approve  that 
feature  in  the  Committee's  report,  which  would  remove  the  tax  on  attend- 
ance and  make  the  schools  free. 

There  is  no  doubt  that  the  people  are  deeply  interested  in  the  action  of 
the  Convention  in  reference  to  this  great  question.  A  few  days  and  their 
labors  will  be  closed,  but  their  work  will  be  far  from  being  finished,  unless 
they  make  ample  and  permanent  provisions  for  the  free  education  of  every 
child  in  the  State,  and  place  the  workings  of  the  system  under  the  supervision 
of  an  officer  whose  whole  attention  shall  be  given  to  the  subject  —  who  will 
thus  be  enabled  to  study  to  improve  its  details  and  enlarge  the  benefits 
which  are  calculated  to  be  effected  by  a  liberal  and  thorough  Common 
School  organization. 

In  a  State  of  the  size  and  importance  of  New  York,  the  school  depart- 
ment should  be  independent  and  unembarrassed.  Every  thing  connected  with 
the  educational  interests  of  the  people  should  be  collected,  and  that  which 
is  calculated  to  perfect  our  system,  whether  in  the  details  of  its  organiza- 
tion or  in  the  means  of  bringing  the  mass  to  appreciate  and  avail  themselves 
of  its  provisions,  should  be  spread  before  the  people. 

It  requires  much  wisdom,  much  experience,  and  a  correct  knowledge  of 
mankind,  to  direct  the  educational  interests  of  the  people  —  it  requires  a 
sound  and  discriminating  judgment  to  keep  the  mass  united  in  their  efforts, 
and  a  great  amount  of  labor  to  keep  the  machinery  of  a  thorough,  however 


FREE    SCHOOLS  147 

simple,  school  law  in  full  force.  There  should  be  no  confusion,  no  discrep- 
ancies in  the  decisions,  no  contradictions  in  the  opinions  advanced.  A  full 
and  perfect  record  of  the  past  should  be  kept  to  throw  its  light  upon  the 
requirements  of  the  present.  This  cannot  be  done  without  a  competent  offi- 
cer amply  assisted  in  the  duties  of  the  department. 

The  office  of  the  Secretary  of  State  being  strictly  a  political  one,  must  be 
filled  by  the  dominant  party.  A  new  incumbent  is  placed  ex-officio,  in  charge 
of  our  common  school  interests,  whenever  one  party  triumphs  over  the  rest. 
The  evils  of  a  frequent  change  at  the  head  of  the  school  department  have 
not  been  as  apparent  as  they  would  have  been  were  it  not  that  the  deputy  has 
held  his  post  more  permanently.  He  has  kept  the  run  of  the  business,  under- 
stands what  has  been  done,  not  so  much  from  the  meagre  records  of  what 
has  been  transacted,  as  from  his  remembrance  of  what  he  has  done,  and 
his  judgment  direct  him  in  regard  to  it,  to  what  his  memory  may  fail  to 
recall.  He  would  probably  have  decided  an  important  question  in  this  way, 
and  therefore  he  is  enabled  to  form  some  conception  of  what  will  render 
present  decision  consonant  with  a  former, one.  Now  we  wish  to  be  under- 
stood, not  as  censuring  the  State  Superintendents,  or  the  devoted  and  faith- 
ful deputy.  The  former  have  been  removed  by  the  fluctuations  of  party, 
almost  as  soon  as  they  became  acquainted  with  the  details  and  manner  of 
working  the  system  —  the  latter  has  ruined  his  health  in  performing  the 
labor  —  the  real  drudgery  of  the  office,  and  yet  there  are  no  records  of  the 
important  correspondence  between  the  department  and  such  of  the  ii,ooo 
schools  as  have  had  occasion  to  apply  to  it  for  information  and  encourage- 
ment. Every  commercial  or  manufacturing  establishment  of  any  business 
pretensions,  keeps  a  copy  of  his  own  correspondence,  but  not  so  with  the 
school  department  of  the  great  State  of  New  York,  and  simply  because  gen- 
erous provisions  have  not  been  made  to  give  it  the  means  of  doing  its  busi- 
ness in  a  safe  and  correct  manner. 

Should  the  present  able  and  judicious  officer  be  removed,  and  at  the  same 
time  the  devoted  and  experienced  deputy,  is  there  a  man  in  the  State  capable 
of  conducting  the  business  of  the  department  in  such  a  manner  as  not  to 
conflict  with  the  past?  The  records  of  the  department  should  be  full  and 
correct,  and  the  experience  of  each  year  should  be  made  to  throw  its  rays 
upon  the  future.  The  only  way  to  effect  this,  will  be  to  divorce  the  school 
department  from  all  the  other  departments  of  the  government,  to  make  the 
office  of  State  Superintendent  of  schools  independent  and  permanent  to  fill 
it  with  a  man  possessing  educational,  instead  of  political  character,  to  give 
him  a  competent  deputy  and  requisite  number  of  clerks  to  transact  with  accu- 
racy all  the  business  of  the  department,  and  to  make  suitable  provisions  for 
a  free  intercourse  with  the  people.  To  whom  shall  we  look  for  the  outline 
of  a  reform  like  this,  unless  to  the  Convention.  How  can  we  hope  for  their 
action  on  this  important  question,  unless  they  cease  their  "  much  speaking " 
and  "  hobby  riding." 

We  make  this  our  last  appeal,  and  we  believe  we  present  the  sentiments 
and  wishes  of  a  large  majority  of  those  who  will  soon  be  called  upon  to 
give  their  approval  or  disapproval  of  the  Constitution  they  have  hoped  their 
Convention  would  complete.  The  course  taken  on  the  separation  of  these 
important  offices  cannot  be  justified  even  by  the  Convention  itself.  It  was 
presumed   that   ihc  people  had  not   investigated   the  question  of   separating 


148  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

the  two  offices,  and  of  giving  to  that  of  Superintendent  of  Schools  the  dig- 
nity and  permanency  of  being  created  by  the  Constitution,  merely  because  it 
had  not  enlisted  "  hobby  riders  "  in  its  favor.  Unlike  the  judiciary  question, 
it  does  not  open  the  door  for  demagogues ;  but  the  interests  of  society  and 
the  permanency  of  our  institutions  require  these  provisions.  The  mass  are 
beginning  to  demand  it,  and  will  not,  it  is  hoped,  accept  a  constitution  which 
does  not  secure  them  an  ample  free  school  system  whose  supervision  and 
management  shall  be  unencumbered  by  the  duties  of  a  less  important  office 
of  the  government. — Teachers'  Advocate,  October  i,  1846 

Views  of  Superintendents 

It  was  by  a  narrow  margin  that  the  free  schools  failed  to  receive 
the  constitutional  sanction  in  1846.  Those  interested  in  this  great 
movement  did  not  despair  and  we  find  N.  S.  Benton,  Superin- 
tendent of  Common  Schools  (December  31,  1847),  making  the 
following  statements. 

In  his  annual  report  to  the  Legislature,  under  date  of  January 
12,  1847,  Superintendent  Benton  makes  the  following  statements: 

In  New  York,  Brooklyn,  Rochester  and  Buffalo,  these  schools  are  free, 
and  the  charges  for  their  support  and  for  the  erection  and  repairing  of 
school  houses,  exceeding  the  public  money  annually  apportioned,  are  defrayed 
by  tax  upon  the  real  and  personal  property  therein.  .     .    . 

No  better  plan  of  general  organization  and  supervision,  under  a  form  of 
government  depending  entirely  upon  the  popular  will,  has  been  or  probably 
can  be  devised,  capable  of  producing  the  astonishing  results,  annually  exhib- 
ited in  the  documents  accompanying  the  reports  from  this  department  for 
several  years  past;  and  while  some  are  opposed,  and  others  are  in  doubt,  in 
respect  to  its  great  utility  and  efficiency,  in  arousing  the  active  energies  of 
a  whole  people,  and  directing  those  energies  in  the  performance  of  an  import- 
ant duty,  other  States  are  assimilating  their  organizations  to  ours,  and  are 
modifying  their  laws  to  produce,  if  practicable,  corresponding  results.  Why 
then  should  we  abandon  a  system  of  inspection  and  superintendence  so  pro- 
lific of  advantages  and  so  esteemed?  A  review  of  the  past  and  present  con- 
dition of  our  public  schools,  can  not  fail  to  produce  a  strong  conviction  of 
their  great  usefulness ;  and  no  better  system  of  instruction  can  be  devised, 
to  bring  its  benefits  and  its  blessings  within  the  reach  of  every  one  who  may 
desire  to  embrace  them,  except  schools  entirely  free.  It  provides  instruction 
in  all  the  elementary  and  useful  branches  of  education,  and  in  the  common 
language  of  the  country;  and  seeks  to  prepare  the  youth  of  the  State  for 
all  the  usual  employments  of  life  and  to  imbue  them  with  a  full  knowl- 
edge of  their  duties  and  obligations,  as  citizens  and  constituent  members  of  a 
great  and  growing  community. 

Extract  from  a  report  of  Superintendent  Benton  under  date  of 
December  31,  1847: 

The  law  requires  that  a  school  shall  have  been  kept  in  a  district  four 
months  in  the  preceding  year  by  a  licensed  teacher  to  entitle  it  to  an  appor- 
tionment of  school  moneys;  and  schools  are  taught  during  what  are  now 


WILLIAM  BARNES 


NATHANIEL  S.  BENTON 
Secretary  of  State  and  Commissioner  of  Common  Schools,  1845-47 


FREE   SCHOOLS  149 

called  winter  and  summer  terms,  continuing  from  three  to  four,  and  some 
times  five  months  each;  and  it  certainly  appears  somewhat  remarkable  that, 
with  all  the  advantages  our  system  presents,  not  one-seventh  of  the  children 
reported  between  five  and  sixteen  years  of  age,  attend  the  schools  even  six 
months. 

The  city  of  New  York,  with  her  admirable  system  of  free  schools,  does 
not  present  to  us  this  unfavorable  and  humiliating  picture.  In  that  city  one- 
fourth  of  all  the  children  reported  attended  school  during  the  past  year. 
There  are  other  cities  in  the  State  where  the  schools  are  free,  presenting 
the  same  favorable  results.  .    .    . 

The  Legislature  have,  heretofore,  not  been  unmindful  of  the  condition  of 
these  children;  and  by  the  15th  section  of  the  act,  chapter  260  of  the  Laws 
of  1841,  schools  for  colored  children  may  be  established  in  any  city  or  town 
in  the  State,  which  must  be  under  the  charge  of  the  trustees  of  the  districts 
in  which  they  may  be  established.  The  Superintendent  respectfully  submits 
that  as  the  act  of  1847  provides  for  the  establishement  of  free  schools  for 
this  class  of  children,  the  object  would  be  more  successfully  attained  by 
applying  the  public  bounty  in  aid  of  the  schools  already  established,  and 
which  may  be  hereafter  established  under  the  provisions  of  the  general  school 
laws  of  the  State,  than  it  would  be  by  continuing  the  appropriation  in  its 
present  shape. 

In  our  country,  and  more  particularly  in  our  State,  the  government  and 
the  people  are  identical;  and  to  treat  this  great  trust  fund  as  the  property  of 
the  government  separate  from  or  independent  of  the  constituency,  would  be 
violating  a  fundamental  maxim  of  our  institutions ;  and  the  appropriation 
of  the  net  income  of  the  fund  to  the  maintenance  of  our  public  schools  can- 
not justly  be  viewed  in  the  light  of  a  donation  to  the  people.  It  is  respect- 
fully submitted  that  it  would  not  be  proper  to  consider  a  direct  appropria- 
tion from  the  treasury  to  such  an  object  a  gratuity.  If  it  be,  then  all  our 
laws  establishing  free  schools  in  cities  and  other  localities  are  wrong  in 
principle,  and  should  be  repealed. 

Extract  from  a  report  of  Superintendent  Benton  under  date  of 
December  31,  1847: 

Free  schools.  These  schools  have  been  established  by  law  in  the  cities 
of  New  York,  Brooklyn,  Buffalo,  and  Rochester,  in  the  town  of  Williams- 
burgh  and  in  the  village  of  Poughkeepsie.  The  city  of  Albany,  where  a 
sum  less  than  $200  was  paid  during  the  last  year  on  rate  bills,  may  be 
included  among  the  free  school  cities.  The  official  reports  made  to  this 
office  from  the  above  places,  do  not  afford  data  sufficiently  correct  and  full 
to  allow  an  accurate  statement  to  be  presented,  showing  the  difference  in 
the  expense  of  tuition,  in  all  these  cities  and  localities,  compared  with  other 
counties  or  the  remaining  portions  of  the  same  counties,  in  which  free 
schools  have  been  partially  established. 

A  comparative  statement  cannot  be  presented,  showing  the  whole  expense 
incurred  under  our  system,  where  the  teachers'  wages  are  partly  paid  by  rate 
bills;  because  we  have  no  means  of  ascertaining  the  amount  of  taxes  raised 
in  the  districts,  for  the  erection  and  repair  of  school  houses,  and  the  expenses 
of  collecting  those  taxes  and  the  rate  bills  for  teachers'  wages,  which  are 


150  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

very  considerable  and  are  legitimate  items  to  be  taken  into  consideration. 
Excluding  the  cities  of  Albany,  Brooklyn,  Buffalo,  Hudson,  New  York, 
Rochester,  Schenectady,  Troy  and  Utica  and  the  town  of  Williamsburgh, 
where  the  schools  have  been  established  and  are  conducted  under  the  pro- 
visions of  special  and  local  laws,  we  have  10,801  school  districts  in  which 
schools  were  taught  in  1846,  on  an  average  of  eight  months;  whole  numbei 
of  children  taught  during  some  part  of  the  year  in  those  districts,  631,787; 
number  between  5  and  16  years  of  age,  571,859;  and  the  whole  amount  of 
public  money  expended  for  teacher's  wages,  including  the  contributions  by 
rate  bills,  was  $859,441.10,  averaging  $1.36  for  each  pupil  taught.  In  the 
city  of  New  York,  the  average  was  $1.67  for  twelve  months  tuition ;  in  Brook- 
lyn, $1.84;  Buffalo,  $1.51;  Rochester,  $1.80,  and  Williamsburgh,  $1.85;  show- 
ing the  average  expense,  under  the  rate  bill  system,  to  be  materially  highei, 
taking  into  consideration  the  number  of  months  schooling,  than  under  the 
free  school  plan.  According  to  the  rate  paid  in  the  counties,  a  school  taught 
twelve  months  would  average  $2.04  for  each  pupil.  The  extension  of  free 
schools  in  the  State  is  progressing  moderately;  and  laws  arc  passed  nearly 
every  session  of  the  Legislature,  providing  for  their  establishment  in  populous 
and  wealthy  villages ;  while  the  poorer  and  less  populous  districts,  in  the 
same  towns,  are  left  to  struggle  on,  from  year  to  year,  in  the  best  way  they 
can  —  sustaining  a  school  perhaps  only  four  months  in  the  year,  to  secure 
the  next  apportionment  of  the  public  moneys.  Is  this  policy  just? —  is  it 
right  to  discriminate  in  this  manner,  between  the  school  children  of  the  State? 
Why  should  ample  provision  be  made  for  the  children  residing  in  particular 
localities,  and  others  turned  over  to  the  naked  bounties  of  the  State;  which, 
although  munificent  in  the  aggregate,  are  only  sufficient  to  pay  a  few  weeks 
tuition  for  each  child?  This  great  and  essential  question  turns  simply  on 
the  mode  of  taxation;  by  changing  this  and  requiring  the  boards  of  super- 
visor, to  raise  upon  the  counties  respectively,  a  sum  equal  to  the  amount 
apportioned  from  the  treasury  to  each  county  for  the  support  of  schools, 
and  upo'n  the  towns  another  sum  equal  to  the  apportionment  of  such  town 
from  the  school  fund,  which  would  increase  the  local  taxation  upon  the 
counties,  not  to  exceed  five-tenths  of  a  mill  on  the  valuation  in  any  county, 
and  our  schools  might  be  rendered  nearly  free  to  every  child  in  the  State. 

This  view  may  be  illustrated    by  stating  the  actual  results  in  two'  counties, 
irrespective  of  the  sums  apportioned  and  raised  for  the  support  of  libraries. 

Ontario  county  —  In  1846,  the  amount  of  public  money  re- 
ceived and  applied  to  the  payment  of  teachers'  wages,  was..  $8,829  28 

Amount  paid  on  rate  bills 12,861  06 


Whole  sum   paid  for  teachers'  wages $21,69034 


The  whole  number  of  children  returned  as  having  been  taught  some  por- 
tion of  the  year,  was  14,152,  and  the  number  reported  between  5  and  16 
years  of  age,  was  11,466.  By  charging  a  fixed  tuition  fee  of  fifty  cents 
each  term,  on  the  assumption  that  there  will  be  two  school  terms  in  each 
district  during  the  year,  and  take  either  of  the  above  aggregates  of  children, 
and  with  the  proposed  charge,  the  follo'wing  results  will  be  obtained : 


FREE    SCHOOLS  I5I 

Whole  amount  appropriated  by  the  State,  after  deducting  one- 
fifth  for  Hbrary  money  $3,596  64 

Equal  amount  to  be  assessed  on  the  county 3,596  64 

Equal  amount  to  be  assessed  on  town 3.596  64 


$10,789  92 


Tuition   fee  of  fifty  cents  on   11466  children,  assuming  that 
this  number  will  be  entered  at  each  winter  and  summer  term  11,466  00 


Aggregate  of  receipts  to  pay  teachers'  wages $22,255  92 

Deduct  amount  actually  paid  as  above. 21,690  34 


Leaving  a  surplus  of $565  58 


But   if   we   take    14,152   as   the    number   of    children   who    will    enter    the 
schools  at  each  term,  the  surplus  would  amount  to  $3,251.58.     The  corrected 
aggregate  valuations  in  this  county  amounted  in  1846  to  $12,629,547. 
M^ashington  county  —  The  amount  of  public  money  received 
and  applied  to  the  payment  of  teachers'  wages  during  the 

same    year,    was $7,344  49 

Amount  paid  on  rate  bills 9.576  65 


$16,921  14 


Number  of  children  taught  some  portion  of  the  year,  12,814.  Number  of 
children  between  tbe  school  ages,  11,018 
Whole  amount  of  money  appropriated  by  the  State  deducting 

one-fifth  for  library  money $3,424  99 

Equal  amount  to  be  assessed  on  county 3,4^4  99 

Exjual  amount  to  be  assessed  on  towns 3,424  99 

$10,274  97 
Tuition  fee  of  fifty  cents  on  11,018  children,  on  the  assumption 

before  stated  1 1,018  00 

Aggregate  of  receipts  to  pay  teachers'  wages $21,292  97 

Deduct  payments  for  teachers'  wages  in   1846 16,921  14 

In  this  county  there  would  be  a  surplus  of $4,37i  83 


which  would  be  increased,  if  the  tuition  fee  be  charged  or  estimated  on  the 
number  of  children  taught  during  the  year. 

The  amount  received  and  expended  for  teachers'  wages  in  Ontario  county 
was  $1,736  more  than  the  public  money  apportioned  and  the  "equal  sum" 
raised  on  the  towns ;  and  in  Washington  county,  $494.51 ;  and  this  excess  was 
probably  raised  by  voluntary  taxes  in  the  towns,  in  both  cases.  The  average 
number  of  months'  schooling  arnear?  to  he  the  same  in  both  counties.  The 
corrected  aggregate  valuations  in  Washington,  in  1846,  stood  at  $6,173,997, 
which  is  about  half  of  the  amount  given  in  Ontario. 


152  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

The  plan  here  suggested  would  secure,  to  a  district  containing  40  school 
children,  an  annual  fund  of  at  least  $70.00  for  the  payment  of  teachers'  wages, 
and  it  might  with  safety  be  estimated  higher.  It  is  simple,  and  avoids  the 
necessity  of-  issuing  rate  bills  and  saves  the  collector's  fees  on  the  warrant ; 
as  each  pupil  on  entering  the  school  will  be  required  to  pay  a  stipulated  tui- 
tion fee  in  advance,  as  is  now  the  practice  in  most  of  the  academies  in  the 
State.  It  will  secure  a  larger  and  more  uniform  attendance  of  scholars,  and 
prevent  the  schools  from  being  broken  up  by  the  withdrawal  of  children, 
under  the  apprehension  that  the  rate  bills  will  be  unreasonably  high,  and  re- 
move many  of  the  causes  of  contention  and  litigation  in  the  districts,  that 
exist  under  the  present  mode  of  providing  compensation  for  teachers.  The 
amount  raised  in  the  county,  in  the  manner  provided  for  levying  State  and 
county  taxes,  would  subject  at  least  $50,000,000  of  corporate  property  to  taxa- 
tion for  the  benefit  of  the  schools  in  the  whole  county,  which  is  now  enjoyed 
by  the  towns  and  cities,  where  those  corporations  are  located  or  carry  on 
business.  Should  this  scheme  be  adopted,  it  will  not  be  necessary  to  change 
or  modify  materially  the  present  organization.  The  school  moneys  may  be 
apportioned,  as  they  now  are,  tC  the  towns,  on  the  ratio  of  population,  and 
to  the  districts,  according  to  the  number  of  children  residing  in  each.  The 
school  trustees  should,  however,  be  required  to  state  in  their  annual  reports, 
not  only  the  names  of  the  parents  and  guardians  of  children  belonging  to  the 
district,  but  the  number  and  names  of  such  children  in  full,  residing  in  the 
family  of  each  inhabitant.  They  should  also  state  the  names  of  the  school 
children,  if  any,  in  their  district,  that  in  their  opinion  ought  to  be  exempted 
from  the  payment  of  the  tuition  fee;  and  these  reports  should  be  verified  by 
the  trustees,  or  at  least  two  of  them.  It  will  probably  be  thcught  advisable 
to  vest  the  power  of  apportioning  these  school  moneys  among  the  districts 
in  some  local  board  of  the  town,  requiring  such  board  td  examine  the  trus- 
tees* reports  and  make  the  necessary  inquiries  as  to  any  matters  set  forth 
in  them,  to  correct  any  mistakes,  and  prevent  duplicate  returns  of  school 
children. 

Excluding  the  city  of  New  York,  the  estimates  and  computations  contained 
in  the  statement  belo*w,   show  the   results  attainable  by  adopting  the  plan 
suggested. 
Whole  amount  of  public  moneys  apportioned  to  the  remaining 

counties  in  1846 $198,654  13 

Proposed  amount  to  be  raised  in  counties 198,654  13 

Equal  sum  raised  in  the  towns 198,654  13 

Aggregate  amount  of  distribution $595,962  39 

In  the  remaining  58  counties,  there  were  667,140  children  taught 
in  1846.  and  assuming  that  each  pays  a  tuition  fee  ai  50  cents, 
a  fund  is  raised  of 333570  00 

Which  added  to  the  above  makes  a  total  of $929,532  39 

Whole  amount  of  public  money  raised  and  ex- 
pended for  teachers'  wages  in  1846 $461,177  20 

Amount  paid  on  rate  bills  same  year 462,840  44 

$924,017  64 

$5,514  75 


FKEE   SCHOOLS  153 

It  is  perfectly  safe  to  assume,  that  at  least  one  half  of  the 
above  number  taught,  attended  the  schools  two  terms,  or  were 
entered  two  terms,  and  would  therefore  be  chargeable  with 
the  additional   tuition  or  entrance  fee  of   50  cents,  say $166,785  00 


Excess  produced  $172,299  75 


If  we  adopt  the  last  method,  in  making  the  statements  for  Ontario  and 
Washington  counties,  it  will  he  found  that  in  the  former  the  amount  paid  for 
teachers'  wages  exceeds  the  fund  produced  $286.42;  while  in  the  latter  the 
fund  produced  exceeds  the  amount  actually  paid  $33.35.  But  this  can  not  be 
material;  that  is  certain  which  can  be  made  so;  and  by  defining  the  periods 
of  the  school  terms  and  fixing  the  amount  of  the  entrance  or  tuition  fee,  an 
adequate  sum  will  be  raised  to  sustain  the  schools  an  additional  month  in 
each  year  throughout  the  State. 

Our  fellow  citizens  have  heretofore  cheerfully  acquiesced  in  the  imposition 
of  a  tax  to  support  the  government  and  sustain  the  credit  of  the  State,  of 
more  than  twice  the  amount  proposed  to  be  raised  in  the  plan  suggested. 
What  improvement,  internal  or  external,  is  more  worthy  of  the  fostering 
care  of  the  Legislature  or  of  greater  importance  to  the  community,  than  the 
mental  improvement  of  those  who  are  soon  to  exercise  all  the  privileges  of 
citizens,  and  wield  the  destinies  of  the  State.  It  would  be  an  unjust  impeach- 
ment of  the  patriotism  and  good  sense  of  the  people,  to  suppose  they  would 
not  cheerfully  embrace  and  cordially  approve  any  reasonable  measures  which 
will  reflect  so  much  honor  on  the  present,  and  confer  such  endearing  benefits 
on  the  future. 

The  abundant  provision  made  by  the  Constitution  for  the  payment  of  the 
interest  on  and  final  extinguishment  of  all  the  General  Fund  and  canal  debt 
of  the  State,  as  well  as  for  defraying  the  necessary  expenses  of  the  govern- 
ment, must  remove  all  apprehension,  if  any  was  ever  entertained,  of  a 
future  tax  being  imposed  for  the  support  of  government. 

A  powerful  interest  will  be  created  in  favor  of  the  successful  progress  of 
our  common  schools;  for  those  who  contribute  mainly  to  the  increase  of  the 
proposed  fund,  will  have  children  to  educate,  and  will  seek  to  do  this  out  of 
the  moneys  they  have  already  paid.  The  tuition  fee  will  be  so  small  for  each 
scholar,  that  very  few  exemptions  will  be  required ;  and  the  attendance  "  for 
four  and  less  than  six  months,"  instead  of  being  only  153,513  in  the  whole 
State,  will  be  increased  to  three  times  that  number.  An  annual  tax  of  about 
seven-tenths  of  a  mill  on  the  valuations  would,  with  the  increased  distribu- 
tions from  the  Common  School  Fund,  supply  ample  means  to  establish  and 
support  free  schools,  from  six  to  eight  months  in  every  school  district  in  the 
State. 

Mr  William  A.  Walker,  County  Superintendent  of  Common 
Schools  for  New  York  city  in  his  report  dated  October  i6,  1847, 
says: 

Under  another  act  of  the  last  session  the  board  of  education  are  now 
about  establishing  a  system  of  evening  free  schools  "  for  the  gratuitous  educa- 
tion of  apprentices  and  others,  whose  daily  avocations  prevent  their  attending 


154  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

the  ward  or  public  schools  now  provided  by  law."  The  beneficial  provisions 
of  this  act  are  about  being  carried  into  effect,  by  the  opening  of  five  evening 
schools  in  different  sections  of  the  city,  which  will  probably  go  into  opera- 
tion early  in  the  coming  month,  under  regulations  and  on  a  plan  promising 
success,  and  with  a  course  of  study  adapted  to  the  peculiar  wants  of  this 
class  of  pupils. 

By  January  i,  1848,  free  schools  had  been  established  in  Buffalo. 
Brooklyn,  Poughkeepsie,  Rochester  and  Williamsburg  and  other 
cities  were  added  to  this  list  in  that  year,  while  the  schools  in  the 
cities  of  Albany,  Troy  and  Utica  were  substantially  free.  That  is 
to  say,  approximately  one-fourth  of  the  schools  of  the  State  were 
now  free. 

Mr  Benton  was  succeeded  as  Superintendent  of  Common  Schools 
by  Christopher  Morgan,  who  assumed  his  duties  January  31,  1848. 
His  administration  was  distinguished  by  the  great  efforts  made 
in  the  interest  of  common  schools  and  their  development.  From 
the  first  he  endeavored  to  accomplish  two  things,  namely,  the 
reestablishment  of  the  county  superintendent  (abolished  in  1846), 
and  the  establishment  of  free  schools  in  the  broadest  sense.  He 
embodies  in  his  first  annual  report  of  1849  both  his  views  and  the 
experience  of  the  Department  in  reference  to  these  great  questions. 

The  Present  System 

The  mode  of  supporting  a  school  under  the  present  system  is  as  follows: 
The  Trustees  employ  a  qualified  teacher  for  stipulated  wages.  At  the 
close  of  his  term,  they  give  him  an  order  upon  the  town  superintendent 
for  such  portion  of  the  public  money,  as  may  have  been  voted  by  the 
district  for  the  term,  or  in  case  no  vote  has  been  taken,  for  such  portion  as 
they  think  proper.  But  in  no  case  can  the  trustees  l^ally  draw  for 
more  money  than  is  due  the  teacher  at  the  date  of  the  order.  If  the  pub- 
He  money  is  not  sufficient  to  pay  the  teacher's  wages,  the  trustees  proceed 
to  make  out  a  rate-bill  for  the  residue,  charging  each  parent  or  guardian, 
according  to  the  number  of  days'  attendance  of  his  children.  Under  the 
present  law,  the  trustees  have  power  to  exempt  indigent  persons,  and  the 
amount  exempted  is  a  charge  upon  the  district,  and  may  be  immediately 
collected  by  tax,  or  added  to  any  tax  thereafter  levied.  After  the  rate- 
bill  is  completed,  thirty  days'  notice  of  its  completion  is  given  by  the  trus- 
tees, one  of  whom  must  be  in  attendance,  on  a  day  and  place  appointed 
in  said  notice,  once  a  week  for  two  successive  weeks,  to  receive  payment; 
and  during  the  whole  of  the  said  thirty  days  any  person  may  pay  to  either 
of  the  trustees,  or  to  the  teacher,  the  sum  charged  to  him  upon  the  rate- 
bill.  At  the  expiration  of  the  thirty  days,  if  all  the  persons  named  in 
the  rate-bill,  have  not  voluntarily  paid,  the  trustees  put  it,  with  their 
warrant,  into  the  hands  of  the  district  collector,  who  has  the  same  authority 
to  collect  it  by  levy  and  sale  of  goods  and  chattels,  as  a  town  collector. 


FREE  SCHOOLS  155 

The  collector  is  also  authorized  to  collect  fees,  not  only  upon  the  money 
paid  to  him,  but  upon  that  paid  voluntarily  to  the  trustees  and  teacher,  and 
he  is  allowed  thirty  days  to  make  his  return  to  the  trustees. 

A  more  troublesome  or  vexatious  system  could  not  well  be  devised.  A 
teacher  having  performed  his  contract,  is  jet  obliged,  unless  the  trusteesi 
advance  the  money,  to  wait  thirty  or  sixty  days  for  his  pay.  The  first 
thirty  days'  delay  under  the  notice  is  no  advantage  to  any  one.  The  time- 
of  the  trustees  is  spent  uselessly.  Nothing  is  gained  by  payment  to  the 
trustees.  Is  there  any  other  instance  upon  the  statute  book  in  which 
legislation  compels  a  man  to  wait  sixty  days  for  his  wages  after  he  has 
completed  his  work?  In  the  absence  of  any  contract,  the  wages  of  the 
laborer  are  due  and  payable  when  his  work  is  done.  In  the  case  of  the 
teacher,  the  payment  of  his  wages  is  postponed  for  sixty  days  after  his 
school  is  closed,  for  payment  from  trustees  can  not  be  enforced  until  the 
time  fixed  bj'  law  for  collection  has  expired. 

A  slight  error  in  the  apportionment  of  the  rates,  or  in  the  legal  forms 
of  making  it,  subjects  the  trustees  to  a  suit  by  any  one  of  whom  a  few 
cents  may  have  been  illegally  collected ;  and,  unfortunately,  there  are  not 
wanting  in  every  town,  persons  ready  to  avail  themselves  of  such  errors. 

The  trustees  can,  if  they  choose,  make  out  a  tax  for  the  amount  of 
exemptions,  and  the  collector  is  bound  to  collect  it  for  the  trifling  fees,  upon 
a  five  or  ten  dollar  tax  list. 

A  law  has  been  passed,  authorizing  courts  to  deny  costs  to  a  plaintiflF 
in  a  suit  against  trustees,  and  also  authorizing  boards  of  supervisors  to 
order  a  tax  to  be  assessed  upon  a  district  to  refund  costs  and  expenses 
incurred  in  suits  by  or  against  them,  on  account  of  the  discharge  of  their 
official  duties.  But  the  law  allows  them  nothing  for  their  responsibility  and 
labor,  either  in  the  discharge  of  their  duties,  or  in  the  prosecutions,  or 
defense  of  suits. 

Now,  a  free  school  system  may  be  devised  that  shall  relieve  trustees  from 
the  duty  of  making  out  rate-bills  or  tax  lists  in  any  case,  and  from  all 
litigation  arising  therefrom,  and  which  shall  secure  to  the  teacher  his 
pay  when  his  work  is  done. 

It  may  be  made  applicable  only  to  the  towns,  requiring  the  cities,  how- 
ever, to  make  their  schools  free,  but  leaving  them  to  adopt  such  an  organ- 
ization as  shall  be  suited  to  their  peculiar  wants. 

Teachers  complain  of  the  rate-bill  system,  not  only  because  it  improp- 
erly withholds  their  wages,  but  because  the  trustees  find  great  difficulty 
in  exercising  with  fidelity,  and  at  the  same  time  satisfactorily,  the  power 
of  exemption.  While  the  cupidity  of  the  taxpayer  is  excited,  the  pride 
of  men  of  moderate  means  is  aroused,  and  their  sense  of  independence 
revolts  at  being  certified  and  put  upon  the  record  as  indigent  persons. 

The  rate-bill  system  requires  every  person  to  pay  in  proportion  to  the 
attendance  of  his  children.  How  strong  then  is  the  inducement  of  many 
parents,  to  wink  at  absence,  and  truancy,  and  how  little  are  they  inclined 
to  second  by  parental  authority  the  eflforts  of  the  teacher  to  enforce 
punctuality  and  regularity  of  attendance.  The  fact  that  the  number  of 
children  attending  school  less  than  four  months,  uniformly  exceeds  the 
number  attending  a  longer  time    furnishes  strong  evidence  for  believing  that 


J56  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

the   rate-bill   system   is   the  principal  cause  of   the  irregular  attendance  of 
scholars. 

Letters  have  been  addressed  to  the  Superintendent  from  various  parts 
of  the  State,  urging  him  to  recommend  to  the  Legislature  the  free  school 
system,  and  assuring  him  that  the  people  are  ready  to  sustain  the  legis- 
lature. 

Free  Schools 

A  free  school  is  one  whose  doors  are  open  to  all  who  choose  to  enter. 

In  Connecticut,  Vermont,  Massachusetts,  Rhode  Island,  New  Hampshire 
and  Maine,  the  common  schools  are  nearly  free;  and  in  several  of  the 
cities  and  large  villages  of  those  States,  as  well  as  in  some  of  our  own, 
they  are  entirely  so. 

In  Indiana  the  question  has  been  recently  submitted  to  the  people,  and 
a  large  majority  decided  in  favor  of  free  schools.  Wisconsin  has  made  early 
and  ample  provision  for  a  system  of  free  schools.  Even  in  South  Caro- 
lina, the  schools  are  free  to  the  free.  I  believe  it  is  true,  that  in  every 
state,  county,  town  or  village,  where  the  question  has  been  submitted  to  the 
decision  of  the  people,  they  have  been  found  in  favor  of  the  free  system. 

The  system  of  free  schools  has  been  urged  upon  the  attention  of  suc- 
cessive legislatures,  but  has  been  met  'by  the  assertion,  and  defeated  on  the 
alleged  ground,  that  the  people  were  not  prepared  for  it.  This  may  be 
true,  but  I  have  come  to  a  diflferent  conclusion,  from  the  fact  that  in 
the  eleven  localities  in  this  State,  where  the  matter  has  been  submitted  to 
the  people,  it  has  in  every  case  met  their  approval. 

The  places  in  which  the  free  schools  are  maintained,  with  the  population 
of  each  in  1845,  are  as  follows: 

New  York  371,223 

Buffalo    29,773 

Brooklyn    S9,S66 

Syracuse    10,000 

Rochester  25,265 

Lansingburgh    4,000 

Williamsburgh    11,338 

Poughkeepsie    9,000 

Flushing    3,918 

Newtown    5,521 

Bushwick   1,857 


53M53 

The  whole  population  of  the  State  in  1845,  was  2,604,495.  It  appears, 
therefore,  that  free  schools  are  established  in  a  portion  of  the  State  con- 
taining one-fifth  of  the  entire  population.  If  to  the  above  we  add  the 
following  places  in  which  the  schools  are  substantially  free,  although  not 
by  force  of  law,  the  above  proportion  will  be  increased  to  one-fourth: 

Albany    41,139 

Troy    21,709 

Utica    12,190 

75,038 


FREE    SCHOOLS  157 

Sustained  by  the  foregoing  statistics,  it  may  be  safe  to  presume,  that 
so  large  a  portion  of  the  State  having  adopted  the  free  system,  and  being 
satisfied  with  its  operation,  a  majority  of  the  other  section  of  the  State 
is  prepared  to  approve  it  also. 

When  it  is  said  that  the  people  are  not  prepared  for  free  schools,  it  is 
only  another  form  of  expressing  a  belief  that  they  are  opposed  to  taxation 
for  their  support.  There  is  doubtless  a  respectable  number  of  persons  in 
every  community,  averse  to  taxation,  not  only  for  the  support  of  schools, 
but  for  all  the  purposes  of  government.  Still  the  Superintendent  has  an 
abiding  confidence,  that  a  majority  of  the  legal  voters,  and  a  majority 
of  the  tax-payers  in  this  State,  would  vote  to  support  the  schools  by  tax- 
ation. The  annual  reports  of  this  department  furnish  reasons  for  this 
belief. 

The  money  raised  by  the  supervisors,  equal  to  the  amount  appropriated 
from  the  funds  of  the  State,  is  cheerfully  voted  and  paid.  In  addition  to 
this,  many  towns,  at  their  annual  meetings,  vote  to  raise  another  sum, 
equal  to  that  required  to  be  raised  by  general  laws.  The  aggregate  sum 
thus  voted  in  the  State  every  year,  is  very  large : 

It  was  in  1847 $199,000  08 

do      1846 155,97420 

do      1845 195.051  15 

do      1844 191.473  93 

do      1843 179,80052 

These  sums  were  raised  by  the  inhabitants  of  towns  voluntarily,  and 
under  special  laws  inserted  in  the  charters  of  cities  and  villages.  It  would 
appear  from  this,  that  the  people  are  not  opposed  to  taxation  for  free 
schools.  The  probable  taxation,  and  the  rate  per  cent  necessary  to  sup- 
port a  free  school  system,  can  be  ascertained  by  showing  the  actual  expenses, 
in  the  cities  and  towns  where  it  is  established. 

In  the  following  table,  the  first  column  shows  the  valuation  of  the  city 
of  town  in  1847 ;  the  second,  the  whole  amount  of  school  money  from  all 
sources;  the  third,  the  amount  of  public  money  appropriated  to  the  city 
or  town;  the  fourth,  the  amount  actually  raised  in  the  city,  or  town, 
besides  the  pubHc  money;  and  the  fifth,  the  rate  of  tax  upon  $100  of 
valuation : 

School  Public  Amount       Rate  on 

Valuation  Money  Money  of  Tax       |ioo  val. 

Albany    $11,387,376  $13,04450  $4,33 1  50  $8,713  00  $0  07  5 

Brooklyn    29,565,189  26,03950  6,28635  19,753  15  0067 

Buffalo    8,497,162  21,14260  3,142^60  18,00000  0212 

Bushwick  755,160  1,08930  19600  1,09330  0146 

Flushing    2,398,135  1,593  03  41360  i,i79  43  0050 

Hudson  1,159,550  4,08427  59711  3.48716  0300 

Newtown    1,989.175  3.743  77  58275  2,76354  0150 

New  York   ......  247,152,303  295,453  80  39,183  58  256,270  22  o  10  4 

Poughkeepsie    3,499,191  5,470  66  1,244  58  4,226  08  o  12  o 

Rochester  4,634,681  11,80847  2,66683  9,14164  0198 

Utica  3,480,766  10,278  16  1,286  70  8,991  46  o  25  8 

Williamsburgh    . . .  3,125,162  8,640  37  320  31  7,443  ^^  o  23  8 


158  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

The  amount  paid  on  rate  bills  in  Utica,  $569.45,  and  in  Albany,  $67,  is 
included  in  the  school  money  for  those  places.  In  the  other  places  the  schools 
are  free  —  or  substantially  so,  very  little  being  collected  on  rate  bills  in 
Troy,  Lansingburgh,  Poughkeepsie,  Hudson  and  Flushing. 

With  this  table,  any  one  can  tell  what  would  be  his  tax  for  the  support  of 
schools  in  either  of  the  places  named.  If  he  is  a  resident  of  New  York,  and 
is  assessed  $4,000,  he  pays  a  tax  of  $4.16.  If  assessed  for  $100,000,  he  pays 
$104.  The  sum  raised  in  New  York  for  school  purposes,  appears  to  be  very 
large,  but  when  it  is  apportioned  upon  the  tax  payers  according  to  their  prop- 
erty, it  is  a  very  light  tax;  and  it  would  be  light,  even  if  it  were  doubled.  If 
the  common  schools  were  what  they  should  be,  and  a  system  of  high  schools 
were  engrafted  upon  them,  every  child  could  be  educated  —  the  poor  gratuit- 
ously —  and  the  rich  at  a  less  expense  than  at  private  schools. 

In  the  city  of  Brooklyn,  the  free  schools  are  supported  at  the  low  rate  of 
six  dollars  tax  upon  $10,000  of  valuation.  In  the  cities,  the  support  of 
schools  by  a  general  tax,  is  but  the  association  of  all  the  citizens  to  effect 
an  object  in  which  all  are  mutually  interested,  and  which  can  be  better  done 
by  a  combination  of  the  means  of  all. 

In  order  to  show  what  would  be  the  operation  of  the  free  school  system  in 
a  town  wholly  agricultural,  we  will  take  the  town  of  Duanesburgh,  in 
Schenectady  county,  a  town  in  which  there  is  no  considerable  village,  and 
which  will  serve  as  a  fair  example  for  the  average  of  the  agricultural  towns. 
The  valuation  of  Duanesburgh,  in  1847,  was  $452,165.  The  amount  of  school 
money  raised  in  the  town  was  $346.94.  The  rate  of  taxation  therefore,  was 
a  little  more  than  seven  cents  and  a  half  upon  one  hundred  dollars  of  valua- 
tion. The  amount  received  from  the  State  was  $346.94;  the  amount  paid  on 
rate  bills  was  $987.16,  and  the  amount  raised  in  the  town  by  rate  bills  and 
tax,  $13,646.31,  and  the  amount  of  exemptions  was  $30.31 ;  the  whole  expense 
of  the  schools  during  the  year,  therefore,  was  $1,711.25.  To  raise  this  last 
sum  by  tax,  would  require  a  rate  of  thirty  cents  upon  a  hundred  dollars. 
If  then,  each  district  were  required  to  raise  a  tax  equal  to  the  amount 
apportioned  to  it  by  the  town  superintendent,  the  sum  would  be  $1,387.76 
for  the  town  of  Duanesburgh,  and  sufficient  to  support  a  school  during  eight 
months  in  a  year  in  every  district,  that  being  the  average  time  in  that  town. 
The  continual  increase  of  the  common  school  fund  would  annually  diminish 
the  amount  of  taxation. 

It  is  urged  by  the  opponents  of  the  system,  that  those  who  have  property 
are  taxed  to  educate  their  own,  as  well  as  the  children  of  the  poor;  and  that 
those  who  are  blessed  with  property,  but  denied  children,  are  also  obliged 
to  contribute  something  for  the  education  of  the  indigent.  Those  who  have 
omitted  their  duty,  or  are  more  fortunate  than  their  neighbors  in  the  posses- 
sion of  property,  have  no  reason  to  complain  of  the  trifling  burthen  which 
good  fortune  imposes  upon  them.  Are  property  holders  wronged  or  injured 
by  this  system  of  taxation? 

Property  is  the  creature  of  the  law ;  its  ownership  is  regulated  by  law ; 
even  the  income  of  some  kinds  of  property  is  limited  by  law.  Human  beings 
are  property  in  South  Carolina,  and  the  taxes  assessed  upon  them,  and  paid 
out  of  the  earning  of  their  labor,  go  to  the  support  of  free  schools,  while 
in  this  State  there  can  be  no  property  in  man. 

Land  is  property,  and  in  civilized  countries  it  constitutes  the  bulk  of  all 


FREE    SCHOOLS  159 

property;  yet  it  is  not  property  in  the  absence  of  law.  What  idea  of  prop- 
erty in  land  has  a  Camanche  Indian,  or  a  Calmuck  Tartar?  To  him  the 
land  is  as  free  for  his  roaming,  as  the  air  for  his  breathing,  or  the  water  for 
his  drink.  The  wild  Bedouin  will  guard  as  his  own,  his  tent,  his  camel,  his 
wife;  but  his  laws  are  the  keenness  of  his  scimetar,  and  the  fleetness  of  his 
steed. 

The  security  of  property  is  one  of  the  paramount  objects  of  government; 
but  how  shall  that  security  be  attained?  By  the  stern  restraints  and  crushing 
force  of  military  power?  The  experience  of  the  last  year,  in  Europe  and 
America,  has  proven  that  there  is  greater  security  for  persons  and  property 
in  the  general  intelligence  and  education  of  the  people,  than  in  an  overawing 
soldiery.  Europe  has  been  convulsed  —  cities  have  been  the  scenes  of  fearful 
and  mortal  strife  —  fields  have  been  laid  waste  by  contending  armies  —  gov- 
ernments have  been  overthrown  —  revolution  has  followed  revolution,  un- 
certainty and  insecurity  are  stamped  upon  all  things  —  political  changes  have 
been  effected  only  by  civil  war  and  commotion.  The  people  of  the  United 
States  have  effected  the  choice  of  a  Chief  Magistrate,  involving  a  change 
in  the  policy  of  the  government;  it  was  accomplished  in  a  day,  with  the 
cheerful  and  peaceful  acquiescence  of  the  Union.  These  are  the  results  of 
the  intelligence  and  moral  elevation  of  the  American  people. 

There  is  a  moral  and  intellectual  power  in  the  universal  education  of  the 
people,  which  furnishes  more  abiding  security  for  persons  and  property,  than 
disciplined  armies.  Property  must  be  taxed  to  support  a  soldiery;  why 
should  it  not  then  contribute  to  a  system  of  protection  which  may  preclude 
the  necessity  of  armies? 

Crime  and  pauperism  are  too  often  the  results  of  ignorance.  The  detection 
and  punishment  of  the  one,  and  the  support  of  the  other,  are  mainly  effected 
by  the  imposition  of  taxes  upon  property. 

Is  it  not  wise,  then,  to  establish  a  system  of  education,  universal  and  com- 
plete, which  may  in  a  great  measure,  prevent  the  commission  of  crime,  and 
avoid  the  evils  of  pauperism? 

Joseph  McKeen,  county  superintendent  of  Common  Schools,  for 
the  city  and  coimty  of  New  York,  under  date  of  November  1849, 
in  speaking  of  free  schools,  discusses  the  free  academy  of  the  city, 
and  the  free  evening  schools  as  follows : 

The  Free  Academy 
This  crowning  institution  of  the  free  school  system,  in  the  city,  is  pro- 
ceeding warily,  admitting  scholars  semi-annually  from  the  common  schools 
only,  and  on  rigid  examinations.  It  is  under  the  special  supervision  of  a 
committee  of  the  board  of  education,  and  although  it  is  a  free  school, 
and  most  of  the  pupils  within  the  legal  school  age,  it  is  supported  without 
any  draft  from  the  common  school  fund  of  the  State,  and  is  therefore  not 
included  in  the  numbers  put  down  in  this  report. 

Evening  Schools 
During  the  past  year,  there  have  been  taught  15  evening  free  schools,  in 
which  were  registered  6,976  scholars,  of  whom  3,451  were  under  16  years 
of   age.     The   schools   were   continued    for    17   weeks,    ending   in    February. 


l60  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

Of  these  15  schools,  11  were  for  boys  and  4  for  girls.  None  of  the  pupils 
in  these  schools  attended  day  schools.  Of  the  whole  number  registered, 
5,219  were  males,  and  i,757  females.  Five  hundred  and  eighty-one  of  them 
were  over  21  years  of  age,  and  a  large  proportion  of  them  foreigners  by 
birth. 

Common  school  education  is  becoming  the  great  and  absorbing  topic  of 
the  day.  How  knowledge  may  be  increased  and  how  universally  diffused, 
are  great  questions  which  are  now  earnestly  discussed  by  political  economists 
and  statesmen. 

Moral  and  religious  teachers  have,  in  past  years,  been  foremost  in  their 
advocacy  of  school's  and  learning;  but  statesmen  now  see  that  the  time  is 
at  hand  when  opinions  will  be  mightier  than  armies.  It  is  therefore  exceed- 
ingly important,  that  opinions  should  be  founded  on  a  basis  of  knowledge. 
Politicians  are  now  doing  their  share  for  the  general  enlightenment  of  the 
world.  Each  well  educated  freeman  now  believes  that  there  is  truth  in 
the  adage  that  "  knowledge  is  power."  Universal  education  would  put  an 
end  to  many  unnatural  and  oppressive  inequalities  in  which  some  are  raised 
to  thrones  without  a  virtue  and  others  degraded  to  slavery  without  a 
crime.  It  is  perhaps  not  surprising  that  it  is  now  seen  that  universal 
education  brings  back  those  extremes  of  society  to  a  general  but  elevated 
level;  so  that  fictitious  greatness  is  diminished  and  of  course  disturbed, 
while  the  squalidly  ignorant  are  raised  to  the  enjoyment  of  self  respect. 
Education^  in  its  civil  and  moral  bearings  upon  men,  as  individuals,  is 
unmeasured  and  immense.  It  diminishes  crime,  it  increases  knowledge,  it 
multiplies  fountains  and  resources  of  enjoyment,  that  the  unlettered  man 
can  never  know.  Who,  that  realizes  all  this,  can  fail  fervently  to  desire  the 
imion,  the  cooperation,  the  improvement,  and  the  greater  prosperity  and 
success  of  the  schools  of  the  city.  It  is  already  the  glory  of  these  schools 
that  they  are  free  and  perennial ;  and  it  is  believed,  that  they  are  in  gen- 
eral fully  worthy  of  the  public  confidence  and  support. 

The  confluent  tide  of  immigration,  that  sends  thousands  of  poor  children 
into  our  midst  every  year  is  increasing.  Common  sympathy  and  security 
require  that  the  immigrant  children  should  be  speedily  qualified  for  citizen- 
ship. In  order  for  this,  they  must  be  assimilated  or  identified  with  us, 
and  with  our  childTen,  that  we,  as  a  nation,  may  stand  a  united  and 
homogeneous  people.  Our  permanence  and  security  require  this.  Many  of 
them  are  poor,  and  appeal  to  our  humanity.  If  we  leave  them  uneducated, 
our  sin  of  omission  will  bring  upon  us,  as  a  community,  the  retributive 
effects  of  insecurity  of  life  and  property,  and  an  increase  of  our  already 
enormous  taxes  for  prisons  and  poor  houses.  We  strive  therefore  to  edu- 
cate and  elevate  very  one.  We  open  the  doors  of  the  school-house,  and  we 
should  compel  them  to  come  in :  there  is  no  other  hope,  either  for  them 
or  for  the  country.  The  morals  of  our  common  Christianity,  in  which  we 
all  agree,  are  inculcated  in  our  common  schools,  and  no  sect  has  been 
allowed  to  enjoy  any  preference. 

Extract  concerning  education  from  the  Message  of  Governor 
John  Young  delivered  to  the  Legislature  in  1848: 

Having  discharged  our  whole  duty  to  common  schools,  the  higher  insti- 
tutions of  learning  must  not  be  forgotten.    Any  abatement  of  the  interest 


JOHN  YOUNG 
Governor  of  New  York,  1847-49 


FREE   SCHOOLS  l6l 

of  the  State  in  these  institutions  is  to  be  felt  almost  exclusively  by  those, 
who,  in  their  inquiries  after  knowledge,  most  require  the  paternal  care  of 
the  State.  By  the  fortunate  sons  of  the  affluent  it  is  regarded  with  entire 
indifference,  but  to  those  who  are  the  "  artificers  of  their  own  fortune," 
rowing  against  a  strong  current,  struggling  with  poverty  and  laboring  with 
their  hands  to  procure  the  means  of  cultivating  their  minds,  it  is  matter 
of  vital  importance.  The  doctrine  that  would  deny  to  these  institutions  any 
participation  in  the  moneys,  from  time  to  time  appropriated  by  the  State  to 
the  cause  of  education,  would  strengthen  the  aristocracy  of  wealth  by 
adding  to  it  the  aristocracy  of  letters. 

The  protection  of  property  and  the  encouragement  of  its  acquisition  are 
among  the  important  elements  of  civilization,  but  in  legislating  for  a 
people  whose  institutions  permit  any  boy,  whatever  his  birth  or  condi- 
tion, to  aspire  to  the  highest  places  of  honor  and  usefulness,  it  is  a  mani- 
fest duty  to  enact  such  laws,  relating  to  mental  culture,  as  will  place 
aspirants  for  honorable  promotion  upon  a  footing  of  equality. 

While  you    should  leave   nothing  undone   to    improve   the   character   and 
enlarge  the  sphere  of  common  schools,  I  feel  assured  that  the  ability  of  the 
State,  in  so  far  as  it  can  be  exerted  without  prejudice  to  other  interests,  / 
will  be  put  forth  to   furnish   facilities   for  a  higher  order  of  attainments 
in  literature  and  science. 

11 


l62  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Chapter  6 
FREE  SCHOOL  BILL  OF  1849 

That  the  free  school  principles  were  actually  being  crystalized 
into  a  statewide  movement  is  well  illustrated  by  the  following 
articles. 

As  early  as  1844  the  state  convention  of  county  superintendents 
held  in  Syracuse  indorsed  the  following  report  of  the  committee  on 
free  schools: 

Free  Schools 

Your  committee  on  the  subject  of  Free  Schools  would  respectfully  report, 
that  every  consideration  of  duty  urges  the  recommendation  and  adoption  of 
the  most  speedy  and  efficient  measures  for  the  support  of  public  instruction. 
It  has  been  ascertained  from  statistical  sources,  that  more  than  seven-eighths 
of  this  entire  community  receive  their  education  from  common  schools;  hence 
it  follows,  as  our  schools  are,  so  is  the  education  of  the  people.  When  we 
turn  our  attention  to  that  important  subject,  it  is  very  natural  for  us  to  con- 
sider the  condition  of  our  common  schools;  and,  if  the  system  for  the  sup- 
port of  those  schools  is  found  defective,  it  then  becomes  our  duty  to  suggest 
and  devise  a  remedy.  While  it  is  admitted  that  our  system  of  public  instruc- 
tion is  a  good  one,  and  that  the  schools  under  it  are  making  a  steady  progres- 
sive improvement,  it  is  not  to  be  supposed  that  the  system  is  yet  perfect  or 
that  the  .best  measures  have  yet  been  adopted  to  perfect  and  secure  an  educa- 
tion for  all  the  sons  and  daughters  of  our  state.  Although  we  have  a  fund, 
and  an  annual  appropriation  from  that  fund  of  two  hundred  and  seventy-five 
thousand  dollars,  and  an  amount  equal  to  that  appropriation  annually  raised 
by  tax  for  the  support  of  our  common  schools,  yet  it  is  matter  of  fact,  that 
even  this  amount  is  insufficient  fully  and  satisfactorily  to  answer  the  object 
of  the  appropriation.  There  are  children  in  the  state  of  New  York,  and  we 
have  reason  to  believe,  in  almost  every  county  in  the  state,  who  do  not  attend 
any  school,  for  the  very  obvious  reason,  that  their  parents  have  not  the  means 
to  pay  their  rate-bill;  moreover  the  self-respect  and  pride  of  those  parents 
forbid  that  they  should  be  exonerated  from  such  payment  by  the  trustees. 
Nor  is  this  all  —  without  funds  from  some  public  source,  sufficient  to  defray 
the  entire  expense  of  our  schools;  and  that  too  in  such  a  manner  as  to  make 
them  acceptable  to  the  rich  and  available  to  the  poor,  we  give  rise  to  the  pri- 
vate and  select  schools;  thus  creating  a  distinction  in  society,  that  ought  not 
to  exist  in  a  community  of  freemen,  who  profess  to  believe  in,  and  attempt 
to  sustain  the  principles  of  republican  liberty.  The  question  then  arises,  how 
shall  this  eVil  be  averted?  Your  committee  are  of  opinion,  that  we  should 
follow  the  example  of  many  of  our  sister  states;  yea,  more  —  that  we  should 
follow  the  noble  example  of  some  of  the  cities  of  our  own  state.  New  York, 
Poughkeepsie,  BuflFalo  and  Rochester,  by  adopting  at  once  a  system  of  school 
education  that  is  free  —  thus  affording  the  facilities  for  instruction  to  all, 
whether  rich  or  poor.  Will  it  be  said  that  the  Free  School  system  imposes 
too  heavy  a  tax  on  those  who  have  no  children  to  educate?    Will  it  be  said 


FREE   SCHOOLS  163 

that  it  imposes  too  heavy  a  tax  on  the  wealthy?  As  well  might  an  objection 
be  urged  against  raising  a  tax  for  other  purposes ;  for  defraying  the  expenses 
of  our  courts  of  justice  in  the  trial  of  criminal  causes,  the  support  of  the 
poor,  and  for  levying  taxes  in  time  of  war  for  the  national  defence.  It  is 
said  that  some  of  the  most  wealthy  citizens  of  the  city  of  New  York,  asked, 
and  even  petitioned  the  legislature  for  the  passage  of  a  law,  to  tax  their  prop- 
erty for  the  support  of  their  public  schools  —  thereby  making  them  free  for 
all  whether  rich  or  poor.  In  this  they  acted  upon  the  principle,  that  it  was 
unsafe  to  live  in  a  community,  where  any  portion  of  the  rising  generation  are 
suffered  to  come  upon  the  stage  without  an  education,  mental  and  moral.  Ask 
the  citizens  and  the  superintendents  of  those  cities  where  the  free  school  sys- 
tem has  been  adopted,  and  where  we  are  told  that  the  experiment  has  been 
successfully  and  triumphantly  tested.  Are  they  willing  to  abandon  it  ?  No  — 
they  cling  to  it  with  an  unyielding  tenacity,  as  the  only  means  of  affording  an 
education  to  all  their  children,  and  of  securing  protection  to  persons  and 
proJperty.  Under  all  the  circumstances  of  the  case,  your  committee  have  come 
to  the  conclusion,  that  it  is  not  only  a  duty  but  a  wise  policy  to  adopt  the  Free 
School  system,  throughout  the  length  and  breadth  of  the  entire  state,  and 
that  it  should  become  a  law :    Therefore 

Resolved,  As  the  sense  of  this  convention,  that  we  are  decidedly  in  favor 
of  a  Free  School  System ;  believing  it  better  calculated  to  promote  the  interest 
and  secure  the  permanency  of  our  civil  and  religious  institutions,  than  any 
other  System  that  can  be  devised. 

The  following  resolution  was  offered  as  a  substitute : 

Resolved,  That  the  establishment  of  Free  Schools  throughout  this  state,  be 
respectfully  commended  to  the  consideration  of  all  of  its  citizens. 

David  Nay,   Chairman 

Mr  Nay  was  superintendent  of  Genesee  county. 

Views  of  Superintendents 
Under  date  of  October  10,  1844,  I.  F.  Mack,  superintendent  of 
common  schools  for  Rochester,  says: 

In  the  recent  amendments  to  the  school  law  of  the  State,  providing  for  the 
establishment  of  "  union  schools,"  by  which  the  means  are  in  part  furnished 
for  at  least  a  thorough  English  education,  and  brought  to  the  door  of  every 
child;  providing  also  for  an  efficient  supervision  of  the  schools  by  the  ap- 
pointment of  county,  and  the  election  of  town  superintendents,  there  is 
doubtless  presented  to  the  minds  of  many  a  promise  of  future  benefit.  But 
in  my  view,  while  the  superstructure  has  been  framed  in  much  wisdom,  two 
fundamental  evils  exist  in  the  system,  through  which  it  will  ultimately  fail 
of  accomplishing  its  object. 

To  a  man  of  wealth,  residing  in  a  village  or  densely  settled  neighborhood, 
the  law  offers  little  less  than  a  bounty  for  the  withdrawal  of  his  patronage 
from  the  common,  and  conferring  it  upon  the  private  school.  In  such  event 
he  is  sure  to  pay  but  one  rate  bill,  while  by  a  different  course  he  is  liable  to 
pay  many.  The  loss  of  patronage  results  also  in  the  loss  of  sympathy  and 
interest,  which  to  the  common  school  are  of  vital  importance. 


164  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

Again,  the  poor  man  whose  circumstances  preclude  the  possibility  of  his 
paying  rate  bills,  unwilling  to  become  the  marked  object  of  charity,  chooses 
the  sad  alternative  of  suffering  his  children  to  grow  up  in  ignorance. 

Upon  the  principle  that  "  we  most  value  what  costs  us  most,"  schools  sup- 
ported by  direct  tax  upon  the  property  of  the  town,  county,  or  State,  would 
secure  the  interest  and  attention  of  men  of  wealth  and  influence;  and  the 
poor  man,  paying  an  annual  tax  of  fifty  cents,  or,  perhaps,  no  tax  at  all,  would 
regard  the  school  as  his  own,  and  the  right  to  send  the  complement  of  chil- 
dren which  often  constitutes  the  "  poor  man's  blessing,"  as  most  sacred.  The 
child  of  the  rich  and  of  the  poor  would  then  meet,  and  each,  forgetting  the 
distinction  which  wealth  creates,  would  mutually  strive  for  the  mastery. 
These  are  some  of  the  benefits  arising  from  the  operation  of  the  school  sys- 
tem of  this  city.  Indeed,  no  patriot  can  pass  through  the  "  free  public 
schools  "  of  Rochester  without  feeling  his  bosom  swell  with  pleasing  emotions 
a  species  of  agrarianism  is  there  ejJhibited  which  every  lover  of  his  country 
or  his  kind  can  heartily  approve.  That  the  education  of  any  one  is  more 
important  than  that  of  another,  is  a  principle  founded  only  in  pride  and 
selfishness,  and  well  may  we  doubt  the  sincerity  of  that  vaimting  politician 
who  betrays  his  hypocrisy  in  his  hostility  to  "  free  public  schools." 

Superintendent  Mack,  in  his  annual  report  of  October  i,  1845, 
says: 

The  effect  of  Free  Public  Schools  in  a  social  point  of  view  is  most  happy. 
All  in  them  are  taught  to  regard  each  other  as  members  of  the  same  com- 
munity—  having  a  common  interest  and  a  common  country.  Here  the  chil- 
dren of  all  classes  learn  to  respect  each  other,  and  to  regard  the  false  distinc- 
tions and  arrogant  pretensions  of  the  few  as  the  fruit  of  depraved  hearts  or 
of  improper  education. 

These  schools  are  emphatically  the  nurseries  of  Republican  habits,  and  of 
those  sentiments  and  feelings,  which  are  indispensable  to  the  existence  of  a 
free  government.  Let  us  not  so  far  listen  to  the  cry  of  retrenchment  on  this 
subject  as  to  reduce  the  amount  raised  for  the  support  of  the  schools  below  a 
sum,  which  with  due  regard  to  economy,  shall  prove  adequate  to  sustain 
them.  If  we  would  reduce  the  taxes  of  the  city,  let  us  begin  somewhere  else. 
Let  us  rather  diminish  our  highway  tax;  for  it  is  better  by  far  that  a  well 
educated  community  travel  over  bad  roads,  than  for  an  ignorant  and  conse- 
quently vicious  one,  to  tread  on  marble.  In  this,  all  have  a  common  interest. 
The  peace,  the  safety  of  our  city,  requires  the  influence  of  the  Public  Schools. 

The  following  editorial  on  free  schools  appeared  in  the  District 
School  Journal,  Albany,  August  1845  • 

There  are  encouraging  symptoms  in  the  manifestation  of  public  opinion  in 
various  sections  of  the  State  tending  to  show  that  the  ultimate  adoption  of 
the  FREE  SCHOOL  SYSTEM,  with  the  full  and  hearty  concurrence  of  all 
classes  of  the  communitj^  is  not  so  remote  as  its  friends,  in  general,  are  dis- 
posed to  apprehend.  In  addition  to  the  able  report  of  Mr  Nay,  of  Genesee, 
made  at  the  late  state  convention  of  county  superintendents,  which  we  take 
pleasure  in  laying  before  our  readers  in  our  paper  of  this  month,  several  of 
the  most  leading  and  influential  newspapers  in  different  parts  of  the  state, 


FREE  SCHOOLS  1 65 

such  as  the  New  York  Tribune,  Westchester  Herald,  Onondagk  Standard  and 
others,  have  already  taken  decided  and  strong  ground  in  favor  of  the  pro- 
posed change.  The  State  Superintendent  has  declared  himself  unequivocally 
in  its  favor;  and  is,  we  understand,  engaged  in  the  collection  and  preparation 
of  a  body  of  statistical  evidence  demonstrative  not  only  of  its  entire  practi- 
cability and  general  expediency,  but  of  the  numerous  advantages,  even  in  a 
pecuniary  point  of  view,  which  its  adoption  is  calculated  to  secure.  Bishop 
Potter,  whose  eminent  services  in  the  cause  of  popular  education,  no  less 
than  his  known  practical  good  sense  and  sound  discrimination,  renders  his 
name  high  authority  on  such  a  subject,  openly  took  grounds  for  the  ultimate 
adoption  of  this  system,  more  than  a  year  since,  at  the  Rochester  convention 
of  county  superintendents;,  and  we  have  reason  to  believe  that  his  views  in 
this  respect  have  been  rather  strengthened  than  weakened  by  subsequent  devel- 
opments. In  slwrt,  the  most  influential  and  enlightened  friends  of  education 
throughout  the  state,  without,  so  far  as  our  knowledge  extends,  a  solitary 
exception,  look  forward  to  the  time  when  this  most  desirable  change  can 
safely  and  harmoniously  be  effected,  with  the  most  undoubting  confidence  in 
its  efficacy  and  beneficial  results.  The  opportunity  which  the  probable  as- 
sembling of  the  Convention  for  the  purpose  of  revising  and  re-constructing 
the  entire  fabric  of  our  state  government,  will  present  for  the  full  discussion 
of  this  great  subject,  in  all  its  aspects,  present  and  prospective,  is  eminently 
favorable  to  its  early  examination  and  settlement.  In  view  of  these  facts  we 
would  respectfully  but  earnestly  suggest  to  the  friends  of  education  in  every 
section  of  the  state  to  avail  themselves  of  all  suitable  occasions  at  town  and 
county  conventions,  teachers'  associations  and  institutes,  public  lectures,  etc., 
to  present  the  question  of  the  substitution  for  our  existing  system,  that  of 
free  schools,  to  be  supported  and  maintained  by  a  general  assessment  on 
taxable  property — to  inform  themselves  thoroughly  of  the  various  facts 
which  have  a  bearing  directly  or  indirectly,  on  the  subject ;  and  to  elicit, 
by  resolutions  or  otherwise,  so  far  as  may  be  practicable,  a  general  expression 
of  the  views,  wishes  and  feelings  of  the  community  in  this  respect.  The  in- 
telligent, efficient  and  decided  co-operation  of  the  people,  without  distinction 
of  party  or  sect,  is  indispensable  to  the  success  of  such  a  measure;  and  it  is 
therefore  of  the  utmost  importance  that  it  should  be  early,  wdely  and  faith- 
fully canvassed.  The  several  county  superintendents  especially  will  do  well 
to  ascertain  fully  the  matured  opinions  of  their  constituents,  in  season  to 
enable  them  to  represent  their  views  and  wishes  at  the  state  convention  in 
April  next. 

In  his  annual  report,  dated  December  1845,  O-  G-  Steele,  super- 
intendent of  schools  in  Buffalo,  writes  as  follows: 

I  think  I  am  not  mistaken  in  claiming  for  the  city  of  Buffalo',  the  honor 
of  being  the  first  city  in  the  State,  which  established  entirely  Free  Schools, 
and  practically  recognized  the  doctrine  that  the  education  of  the  children  of 
the  Republic,  should  be  provided  for  by  a  tax  upon  its  property;  thus  giving 
every  family  an  equal  right  and  an  equal  interest  in  their  success  and  con- 
tinued Prosperity.  It  is  true  that  Free  Schools  existed  in  most  of  our  large 
cities,  but  they  were  supported  either  by  private  munificence,  or  by  benevolent 
societies,  and  were  in  effect,  charity  schools.    In  the  city  of  New  York,  the 


l66  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

Free  Schools  were  managed  and  controlled  by  the  public  school  society,  an 
institution  established  by  benevolent  individuals  in  the  city  of  New  York, 
under  the  auspices  of  DeWitt  Clinton  in  1805,  and  which  has  beyond  doubt 
accomplished  more  for  the  cause  of  education  than  any  other  institution  in 
the  State. 

The  principle,  however,  of  Free  Education  based  upon  the  property  of  the 
city,  and  its  management  forming  part  of  the  city  government,  was  not  em- 
braced in  its  organization,  and  it  may  well  be  doubted  whether  it  would  have 
been  as  successful,  under  any  Legislative  action,  as  it  has  been  under  that 
organization ;  when  the  time  of  its  establishment,  and  the  state  of  public  feel- 
ing previous  to  1840,  is  taken  into  account. 

The  principle  is  now  generally  recognized  and  acted  upon  in  our  principal 
cities,  and  I  most  sincerely  trust  that  the  time  will  soon  arrive  when  it  will  be 
adopted  as  the  law  of  the  land,  and  there  is  no  reason  for  its  adoption  in 
cities  that  imll  not  apply  with  equal  force  to  every  town  and  hamlet  in  the 
State. 

The  subject  of  popular  education  has  been  for  the  last  few  years  in  con- 
stant agitation  and  discussion  in  all  parts  of  the  State,  and  vast  improvement 
has  been  the  consequence,  not  only  in  the  condition  of  the  schools  them- 
selves, and  the  details  of  their  management,  but  in  the  state  of  the  public 
mind ;  as  might  be  expected  an  abundance  of  new  theories  have  been  broached, 
all  doubtless  springing  from  a  sincere  desire  to  advance  the  standard  of  edu- 
cation,  but  generally  taking  that  practical  directness  and  simplicity  which  is 
necessary  in  effecting  the  intended  object.  They  have  not,  however,  been 
without  their  value,  in  keeping  the  attention  of  the  public  directed  to  the  sub- 
ject and  eliciting  valuable  suggestions  from  various  quarters  upon  every  detail 
of  its  extensive  organization.  From  these  various  suggestions  a  general  plan 
of  state  organization,  having  for  its  object  a  more  complete  dissemination  of 
common  school  instruction,  based  upon  the  Free  principle,  and  its  expense 
provided  for  by  the  taxable  property  of  the  State  should  receive  the  attention 
of  the  friends  of  the  cause,  and  some  plan  should  be  presented  to  the  Legis- 
lature for  its  consideration.  My  own  plan,  I  will  briefly  state,  not  that  I 
suppose  it  perfect,  or  entitled  to  special  consideration,  but  with  a  hope  that 
some  of  its  suggestions  may  awake  attention  in  some  influential  quarter,  which 
will  give  weight  to  any  portion  of  it,  which  may  be  practical  and  valuable, 
and  add  such  further  suggestions  as  may  be  justified  by  experience  and  prac- 
tical knowledge. 

The  basis  of  my  plan  is  free  schools  throughout  the  State,  the  expense  of 
which  shall  be  maintained  by  tax  upon  the  real  and  persojial  property  of  each 
town,  and  the  management  and  direction  of  the  schools  of  each  town,  to  be 
under  the  control  of  the  town  authorities. 

The  school  houses  and  furniture  of  each  district  to  be  provided  by  the  local 
tax  upon  its  taxable  property  and  the  current  expenses  to  be  raised  in  the 
same  manner,  yearly,  or  as  often  as  may  be  necessary. 

When  any  district  neglects  or  refuses  to  provide  the  necessary  school  build- 
ings and  furniture,  the  town  authorities  ought  to  have  power,  and  it  should 
be  their  duty  to  order  the  necessary  tax  and  to  enforce  its  collection  in  the 
same  manner  that  other  town  and  county  taxes  are  collected;  and  to  direct  the 
construction  and  furnishing  of  the  school  houses.    The  manner  of  appointing 


FREE   SCHOOLS  167 

teachers,  to  be  the  same  as  now  provided  by  law,  but  the  wages  of  teachers 
to  be  paid  from  the  town  treasury,  on  the  warrant  of  the  Town  Superintend- 
ents. Rate  bills  to  be  entirely  abdlished.  The  funds  for  the  payment  of 
teachers'  wages  to  be  raised  yearly,  and  included  in  the  regular  town  or  county 
taxes,  and  should  be  sufficient  to  support  a  male  teacher  for  six  months  of 
the  year,  and  a  female  teacher  for  the  remaining  six  months,  at  a  reasonable 
rate  of  compensation. 

Views  of  State  Superintendents 
N.  F.  Benton,  Superintendent  of  Common  Schools  in  the  State  of 
New  York,  in  his  report  dated  January  15,  1846,  comments  upon 
the  unfortunate  fact  that  there  are  so  many  children  whose  parents 
are  unable  to  pay  the  rate  bills,  and  the  effect  of  this  upon  parents 
and  children.    He  reports  as  follows: 

The  Superintendent  feels  compelled  respectfully  to  call  the  attention  of  the 
Legislature  to  a  very  important  provision  of  the  existing  laws,  which  he  ap- 
prehends has,  in  practice,  become  almost  a  dead  letter  in  many  parts  of  the 
State.  The  marked  difference  between  the  whole  number  of  children  over  five 
and  under  sixteen  years  of  age  reported  by  the  trustees  and  the  reported  num- 
ber under  instruction  for  a  period  of  less  than  four  months,  shows  that  a  very 
considerable  portion  of  the  children  of  the  State  do  not  attend  school  for  the 
term  required  to  entitle  a  district  to  draw  its  share  of  the  public  money.  The 
trustees  of  school  districts  are  authorized,  in  the  exercise  of  a  sound  discre- 
tion, to  exempt  from  the  payment  of  teachers'  wages,  any  indigent  persons  in 
their  districts,  in  part  or  wholly,  and  must  certify  such  exemptions,  and  de- 
liver the  certificates  thereof  to  the  district  clerk  to  be  kept  on  file  in  his  office; 
and  such  indigent  persons  as  in  the  judgment  of  the  trustees  are  unable  to 
provide  their  proportion  of  fuel  should  be  exempted  from  all  liability  to  pro- 
vide it,  and  from  the  payment  of  any  tax  therefor.  The  expense  incurred  by 
the  exemptions  from  the  payment  of  teachers'  wages  is  made  a  charge  upon 
taxable  property  in  the  district,  and  not  exclusively  upon  those  who  contribute 
by  rate  bills  to  pay  the  balance  of  such  wages ;  and  in  many  districts  the  pro- 
portion to  be  paid  by  the  latter  would  not  be  one  dollar  to  ten  assessed  upon 
the  property  of  those  who  do  not  send  to  the  schools  at  all.  By  these  benefi- 
cent provisions,  the  child  of  penury  and  the  destitute  orphan  have  been  pro- 
vided with  ample  means  of  instruction;  and  it  now  becomes  a  question  of 
grave  inquiry  whether  this  law  is  faithfully  and  benignly  executed.  The  right 
of  the  State  to  impose  this  condition,  with  the  appropriations  from  the  public 
treasury  for  the  benefit  of  all,  no  one  can  question,  and  its  benevolent  features 
receive  the  commendation  of  every  citizen  of  enlarged  and  philanthropic 
views.  These  exemptions  were  referred  to  a  tribunal  best  acquainted  with 
the  conditions  and  pecuniary  circumstances  of  the  inhabitants  of  the  districts, 
and  this  dispensing  power,  although  addressed  to  the  discretion  of  the  trus- 
tees is,  no  doubt,  to  be  exercised  in  every  proper  case,  zvithout  application 
from  those  whose  pecuniary  circumstances  rendered  them  unable  to  pay  their 
portion  of  the  rate  bills.  It  might  well  have  been  supposed  that  the  large 
appropriations  annually  made  for  the  benefit  of  all,  regarding  neither  condi- 
tion in  life,  nor  profession,  would  have  produced  a  spirit  of  liberality  in 


l68  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

affording  the  means  of  education  to  the  thousands  of  children,  whose  destitute 
situation  rendered  them  the  proper  objects  of  this  gratuity  —  a  gratuity  which, 
proffered  by  the  high  and  solemn  obligations  of  duty,  should  neither  be  mis- 
applied nor  withheld. 

In  the  month  of  July  last,  the  Superintendent  made  an  effort  to  ascertain 
through  the  agency  of  the  several  town  and  county  superintendents,  the  whole 
number  of  scholars  exempted  the  last  year,  and  the  amount  of  the  tax  levied 
to  pay  teachers'  wages  in  consequence  of  the  exemptions.  This  effort  failed 
entirely  in  eliciting  the  information  sought  for,  as  only  twenty-four  of  the 
whole  number  of  county  superintendents  in  the  State,  responded  in  any  man- 
ner to  the  call,  and  only  twenty-two  of  the  reports  received,  contained  any 
information  relating  to  the  subject,  and  all  without  exception,  were  imper- 
fect.   .    .    . 

The  county  superintendents  generally  concur  in  oiMnion  that  the  foregoing 
provisions  are  not  regarded  to  any  extent  by  the  trustees,  and  that  certificates 
of  exemption  are  seldom  filed  with  the  school  district  clerks,  even  when  indi- 
gent parents  are  exempted  from  the  payment  of  teachers'  wages;  while  some 
of  these  officers  remark  that  this  enquiry  for  highly  interesting  information  to 
be  submitted  to  the  Legislature,  was  considered  by  the  school  district  officers 
as  inquisitorial  and  obnoxious.  We  must  have  arrived  at  a  very  sublimated 
state  of  feeling  in  respect  to  private  right  and  public  duty,  when  any  inquiry 
after  facts  which  are,  or  should  be,  a  matter  of  public  record,  and  open  to 
public  inspection,  shall  be  regarded  as  in  the  least  offensive,  or  in  any  way 
objectionable. 

What  proportion  of  the  whole  number  of  children  in  the  State  are  ex- 
cluded from  all  participation  in  the  benefit  of  our  common  schools,  on  ac- 
count of  the  poverty  of  their  parents  or  their  own  destination,  cannot  now 
be  ascertained,  and  probably  never  will,  however  important  these  facts  may 
be.  The  Superintendent  believes  that  the  number  in  the  whole  State,  em- 
bracing our  large  cities,  populous  villages,  and  manufacturing  towns,  whose 
destitution  entitles  them  to  be  placed  upon  the  list  of  free  scholars,  according 
to  the  provisions  of  the  existing  laws,  is  much  larger  than  has  been  generally 
supposed  by  accurate  observers;  and  the  lowest  probable  estimate  we  can 
make  of  that  number  is  over  forty-six  thousand.  The  Superintendent  will 
hereafter  require  of  the  trustees  of  school  districts  to  state  in  their  annual 
reports  the  whole  number  of  exemptions  certified  by  them  during  the  year, 
"  in  part  or  wholly,"  of  indigent  persons  within  their  districts,  and  the  whole 
amount  of  such  exemptions  charged  upon  the  district  during  the  same  year. 
This  information  will  enable  the  department  to  communicate  to  the  Legisla- 
ture, from  time  to  time,  the  extent  to  which  the  trustees  exercise  their  au- 
thority in  making  exemptions,  and  will,  it  is  believed,  materially  aid  in  form- 
ing plans  for  a  more  effectual  remedy  of  the  evils  and  inconveniences,  it  has 
hitherto  been  the  policy  of  the  State  to  overcome  by  the  extension  of  its 
admirable  system  of  public  instruction.  Among  other  obstacles  to  be  en- 
countered and  successfully  disposed  of,  is  the  reluctance  of  many  parents  to 
participate  in  the  benefits  now  afforded,  owing  to  the  manner  in  which  this 
bounty,  as  they  call  it,  is  bestowed.  They  say  they  will  not  send  their  chil- 
dren to  the  schools  to  he  reproached  for  their  poverty,  and  assailed  with 
taunts  that  they  are  educated  at  the  expense  of  their  more  fortun^tfe  neigh- 


FREE   SCHOOLS  169 

bors.  Those  who  entertain  and  express  feelings  of  this  sort,  and  would  deny 
their  offspring  the  greatest  boon  in  the  power  of  a  parent  to  bestow,  no  doubt 
reason  from  false  premises,  and  allow  themselves  to  be  influenced  by  motivei 
as  unkind  towards  the  great  mass  of  our  fellow  citizens  as  cruel  towards 
their  own  children.    .     .     . 

The  condition  of  this  fund  (the  School  Fund)  and  the  permanent  augmen- 
tation of  it,  so  as  to  ensure  a  gradual  and  certain  increase  of  the  apportion- 
ments, commensurate  with  the  increase  of  population  and  the  public  necessi- 
ties, are  subjects  of  vast  importance  to  the  State,  and  it  is  hoped  will  soon 
attract  the  earnest  attention  of  the  Legislature  and  the  people.  The  entire 
support  of  the  schools,  by  direct  appropriations  from  the  public  treasury, 
is  not  now  practicable,  nor  is  it  supposed  to  be  desirable.  But  the  State  will 
have  discharged  its  duty,  when  means  sufficiently  ample  are  provided  to  sus- 
tain our  educational  institutions,  without  rendering  individual  contributions 
either  burdensome  or  vexatious;  and  the  ratio  of  fifty  cents  to  each  child  be- 
tween five  and  sixteen  years  of  age  would  probably  secure  every  attainable 
advantage  which  legislative  authority  could  well  accomplish.  The  power  con- 
ferred upon  the  inhabitants  of  the  towns  to  impose  a  tax  to  a  limited  amount, 
for  the  support  of  schools,  is  not  exerted,  save  in  a  very  few  instances,  and 
the  sums  raised  are  in  the  aggregate,  quite  small.  The  non-exercise  of  this 
authority  shows  that  the  electors  of  the  towns  are  not  inclined  to  exert  the 
taxing  power,  even  where  they  might,  and  where  it  is  obviously  the  interest  of 
many  of  them  to  do  sot  Free  schools  have  been  established  in  many  of  our 
cities,  by  local  laws  applicable  only  to  them;  and  why  may  not  large  and 
wealthy  districts,  in  our  populous  villages,  be  placed  upon  the  same  footing? 
Here  are  found  the  largest  number  of  persons  who  should  be  exempted,  from 
their  inability  to  pay  the  rate-bill  for  teachers'  wages  and  here  are  congre- 
gated hundreds  of  children  exposed  to  the  contaminating  influences  of  grog- 
shop idleness  and  other  vicious  associations.  A  corrective  may  be  found  in 
the  occupations  of  the  school  room,  now  closed  against  many  of  them;  and 
it  is  believed  that  a  law,  guarded  in  its  provisions,  vesting  in  the  taxable  inhab- 
itants of  school  districts  which  contain  a  certain  number  of  children  between 
the  required  ages,  and  a  fixed  amount  in  valuation  of  real  and  personal  estate, 
to  be  ascertained  from  the  last  assessment  roll  of  the  town,  the  power  to  raise 
money  by  tax  to  be  applied  in  the  payment  of  teachers'  wages  would  be  ac- 
ceptable, and  carried  into  eflfect  in  a  very  considerable  number  of  districts. 

Oti  March  4,  1846,  at  the  meeting  of  the  teachers  and  town 
superintendents  of  Ontario  county  held  at  Victor,  the  following 
resolution  was  adopted: 

Resolved,  That  the  taxable  property  of  the  State  ought  to  educate  the  chil- 
dren of  the  State. 

THE   PASSAGE    OF   THE   BILL    (1849) 
On  March  25  of  1849,  "  ^"  ^ct  establishing  free  schools  through- 
out the  State  "  was  passed,  its  validity  being  conditioned  on  the 
approval  of  the  people,  to  be  decided  in  the  election  to  be  held  in 


170  THE    UNIVERSITY    OF   THE   STATE   OF    NEW    YORK 

November  of  that  year.     Governor  Hamilton  Fish  in  his  annual 
message  of  January  2,  1849,  states  as  follows : 

The  common  school  system  of  the  State  continues  efficient  in  the  discharge 
of  this  important  object.  The  number  of  organized  school  districts,  reported 
during  the  past  year,  was  10,621 ;  and  the  number  of  children  taught  in  the 
Common  Schools  during  the  year  was  775,723,  being  an  increase  of  27,336 
over  the  number  reported  the  preceding  year.  The'  number  of  unincorpo- 
rated and  private  schools  reported  was  1,785,  in  which  32,256  children  were 
taught;  making  an  aggregate  of  807,979  children,  who  received  instruction 
in  the  common  and  private  schools  of  'the  State.  The  amount  of  public 
moneys  paid  for  teachers'  wages,  during  the  year,  was  $639,008.00;  and  the 
amount  paid  on  rate  bills  for  teachers'  wages  was  $466,674.44,  being  an  aggre- 
gate of  $1,105,682.44. 

Intimately  co'nnected  with  the  success  of  our  institutions  of  learning  is  the 
establishment  and  support  of  libraries  for  the  use  of  the  public.  The  liberal 
and  far-seeing  policy  of  the  law  of  1838,  provided  for  the  formation  and 
gradual  increases  of  libraries  in  each  of  the  School  Districts  of  the  State. 
During  the  past  year  $81,624.05  have  been  expended  by  the  State  for  this 
object.  Upwards  of  one  million  three  hundred  thousand  volumes  have  al- 
ready been  distributed,  carrying  the  means  of  mental  culture  into  every  por- 
tion of  our  widespread  territory, —  this  beneficent  legislation  of  the  State, 
has  recently  been  seconded  by  a  signal  example  of  individual  liberality  on  the 
part  of  one,  who,  though  not  a  native  o'f  our  land,  had  realized  in  his  own 
career  the  benefits  of  a  full  and  fair  participation  in  the  privileges,  which  the 
Uberal  policy  of  our  institutions  extends  to  all,  without  regard  to  the  place 
or  the  circumstances  of  birth.  John  Jacob  Astor  a  native  of  Germany,  who 
lately  died  at  an  advanced  age,  in  the  city  of  New  York,  by  his  will  has  de- 
voted the  large  and,  in  this  country,  unprecedented  amount  of  four  hundred 
thousand  dollars,  to  the  foundation  and  perpetual  support  of  a  library  for 
the  free  use  of  the  public.  The  trustees  to  whom  the  management  of  this 
munificent  donation  has  been  committed,  will,  under  the  direction  of  the  will, 
apply  to  the  Legislature  for  an  act  of  incorporation  to  render  the  manage- 
ment of  the  library  and  its  funds  safe  and  convenient.  I  cheerfully  com- 
mend their  application  to  your  enlightened  encouragement.  The  foundation 
of  such  an  institution,  with  its  treasures  of  learning,  can  not  but  be  regarded 
as  a  striking  event  in  the  literary  history  of  our  State. 

From  the  representations  made  to  me,  I  am  led  to'  believe  that  the  restora- 
tion of  the  office  of  County  Superintendent  would  be  productive  of  good  to 
the  school  system.  One  of  the  injurious  consequences  of  its  abolition,  as  I 
am  informed  by  the  Department,  is,  that  the  reports  for  which  it  depended 
wholly  on  these  officers  are  now  greatly  diminished  in  number,  and  that  many 
of  those  received  are  so  imperfect  as  to  be  of  little  value. 

The  report  of  the  Executive  Committee  of  the  Normal  School  will  show 
the  condition  of  that  most  valuable  agent  in  the  cause  of  education.  This 
school  is  doing  a  great  and  good  work.  It  has  ceased  to  be  an  experiment, 
and  under  its  present  judicious  management,  is  growing  in  the  confidence  of 
its  friends  and  attracting  the  interc.-;t  of  many  who  once  doubted  its  practi- 
cability, or  its  usefulness. 


OLIVER  GRAY  STEELE 
Superintendent   of   schools    in   Buffalo,    1837-40 

(From    picture    owned    by    The    Buffalo    Historical 
Society) 


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HAMILTON  FISH 
Governor  of  New  York,  1849-51 


FREE  SCHOOLS  I7I 

The  action  of  the  Legislature  in  1849  (taken  from  the  legislative 
documents)  is  here  presented. 

The  personnel  of  legislative  committees  to  which  the  free  school 
bill  in  the  legislative  session  of  1849  was  submitted  was  as  follows : 

Senate  committee  on  literature  —  Hon.  Thomas  H.  Bond, 
Oswego  county;  Hon.  John  T.  Bush,  Erie  county;  Hon.  William 
M.  Hawley,  Steuben  county. 

Assembly  committee  on  colleges,  academies  and  common  schools 
—  Hon.  James  W.  Beekman,  New  York  county ;  Hon.  James  D. 
Button,  Cayuga  county;  Hon.  Gabriel  P.  Disosway,  Richmond 
county;  Hon.  Alonzo  Johnson.  Chenango  county;  Hon,  Robert  H. 
Pruyn,  Albany  county. 

Remarks  of  William  M.  Hazvlcy,  of  Steuben,  in  Committee  of  the 
Whole,  Senate,  January  29,  1849,  on  the  Bill  to  Establish  Free 
Schools  throughout  the  State 

Mr  Chairman. —  I  had  the  honor  to  introduce  a  bill  similar  to  this  at  the 
last  session  of  the  Legislature,  but  on  account  of  the  mass  of  pressing  busi- 
ness then  before  us,  it  received  but  little  consideration.  I  have  therefore  felt 
it  to  be  my  duty  to  introduce  it  again. 

To  educate  the  rising  generation  and  make  them  respectable  and  useful 
citizens,  is  a  high  and  holy  duty  which  we  as  faithful  guardians  of  that  sacred 
trust,  are  bound  to  perform.  How  or  by  what  means  it  can  be  best  accom- 
plished are  questions  about  which  men  may  honestly  differ. 

From  the  examination  I  have  been  able  to  give  the  subject,  I  am  satisfied 
that  the  only  effectual  way  to  secure  that  result,  is  to  open  the  common 
schools  to  all,  witlnAit  distinction  of  rank  or  circumstances,  make  them  en- 
tirely free,  and  bid  every  child  in  the  State  to  come  and  partake  freely,  with- 
out money  and  without  price.  By  the  present  law  a  portion  of  the  expen-ses 
are  paid  by  tax  on  property,  and  a  portion  by  the  public  money. 

Still  there  is  some  to  be  paid  by  those  who  send  to  school,  and  in  proportion 
to  the  number  of  days  their  children  attend;  a  large  proportion  of  this  is 
paid  by  a  class  of  persons  who  work  out  by  the  day  to  procure  the  money, 
and  are  illy  able  to  bear  the  expense.  The  consequence  is,  their  children  are 
nolt  kept  at  school.  Shall  we  in  this  enlightened  age  retain  upon  our  statute 
books  a  provision  which  shall  in  any  degree,  deprive  the  rising  generation  of 
the  full  benefit  of  a  common  school  education? 

It  is  true  that  trustees  have  power  to  exempt  from  the  payment  of  teachers' 
wages,  such  poor  persons  as  are  unable  to  pay  their  school  bills.  But  this 
provision  is  too  humiliating  in  its  tendency  to  be  productive  of  much  good. 
Poor  persons  are  not  devoid  of  feeling,  they  have  a  sense  of  independence 
and  self-respect  as  well  as  their  more  favored  neighbors,  and  are  unwilling 
to  be  pauperized  to  educate  their  children.  The  odium  of  this  law  is  not  un- 
frequently  visited  upon  the  heads  of  the  poor  unfortunate  children.  My 
heart  has  often  been  pained  to  see  the  tears  trickling  down  their  innocent 
cheeks  because  they  had  been  twitted  by  their  school  fellows  of  obtaining 


172  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

their  education  as  paupers.  I  have  known  them  to  refuse  to  attend  school 
for  that  reason;  and  what  parent,  I  ask,  could  have  a  heart  to  force  his  child 
to  school  under  such  circumstances? 

But  this  is  not  the  only  objection  to  this  law;  we  must  bear  in  mind  that 
all  the  exemptions  on  account  of  poverty,  are  to  be  paid  by  those  who  are 
not  exempted.  I  have  before  stated,  that  a  large  proportion  of  these  persons 
are  scarcely  able  to  pay  their  own  bills,  yet  by  the  operation  of  this  law,  they 
are  made  to  pay  for  educating  the  children  of  their  neighbors  a  degree  poorer 
than  themselves.  Can  this  be  right?  Is  there  an  individual  in  this  State  so 
heartless  as  to  desire  the  continuance  of  this  cruel  provision?     I  hope  not. 

Sir,  I  have  conversed  with  many  intelligent  capitalists  upon  this  subject, 
and  I  am  happy  to  say  that  not  one  of  them  objected  to  the  principle  of  free 
schools,  provided  the  system  should  be  made  applicable  to  the  whole  State. 

In  preparing  this  bill,  I  deemed  it  advisable  to  provide  for  submitting  it  to 
the  people  for  their  approval  at  the  ballot  boxes,  not  because  I  am  not  pre- 
pared to  adopt  the  measure  at  once,  but  because  it  proposes  a  great  change  in 
the  manner  of  supporting  schools.  The  people  have  a  deep  interest,  not  only 
in  a  pecuniary  point  of  view,  but  in  the  ultimate  success  of  the  great  system 
of  common  schools  in  this  State,  and  for  these  reasons  I  desire  to  take  their 
judgment  upon  it.  I  have  no  fears  of  the  result,  all  experience  has  shown, 
that  under  our  free  institutions  they  are  capable  of  looking  to  their  own 
interests  and  welfare. 

For  these  reasons  I  hope  the  motion  of  the  honorable  senator  from  the 
Ninth  (Samuel  I.  Wilkins,  Orange  County)  to  strike  out  the  section  which 
provides  for  submitting  it  to.  the  people  will  not  prevail. 

Sir,  the  honorable  senator  from  the  Sixth  (William  S.  Johnson,  New 
York)  in  advocating  the  adoption  of  the  amendment,  took  occasion  to  attack 
the  principle  of  the  bill,  and  I  feel  called  up  to  reply  briefly  to  some  of  his 
remarks. 

I  understood  the  senator  to  say,  that  the  State  had  already  done  enough 
for  common  schools,  and  that  it  was  time  to  turn  our  attention  to  the  acade- 
mies, and  do  something  for  them,  so  that  those  who  desired  to  educate  their 
children  above  the  common  schools  could  do  so. 

Sir,  I  am  no  enemy  to  academies,  I  desire  to  see  them  flourish,  and  have 
no  wish  to  deprive  them  of  the  benefit  of  the  literature  fund  to  which  they  are 
entitled.  This  bill  does  not  propose  in  any  manner  to  interfere  with  them. 
Let  them  prosper,  and  let  those  patronize  them  who  desire  to  do  so.  This 
bill  is  designed  to  benefit  a  less  favored  class,  who  cannot  attend  acedemies, 
and  who  must  of  necessity  be  educated  in  the  common  schools  or  remain  in 
ignorance. 

Academies  cannot  be  sustained  in  every  school  district,  nor  in  every  town. 
The  time  may  possibly  come,  when  one  could  be  sustained  in  each  county, 
but  this  generation  cannot  hope  to  see  that  day.  If  such  were  the  case  now, 
it  would  not  obviate  the  necessity  for  this  bill.  There  are  many  parents  in 
the  country,  and  I  think  more  or  less  in  every  district,  who  can  scarcely  dress 
their  children  suitably  to  attend  a  district  school,  and  are  entirely  unable  to 
supply  them  with  necessary  board  and  clothing  at  an  academy  forty  or  fifty 
miles  from  home. 

The  honorable  senator,  snugly  domiciled  in  the  pampered  city  of  New  York, 


FREE   SCHOOLS  I73 

the  great  centre  and  seat  of  learning,  where  the  schools  are  as  free  for  his 
children  as  the  water  they  drink  and  the  air  they  breathe,  seems  to  have  tor- 
gotten  that  there  are  people  out  of  that  city  who  have  children  to  educate. 

Sir,  1  rejoice  that  in  the  narrow  views  entertained  by  that  Senator,  he 
stands  solitary  and  alone.  No  heart  in  this  hall  beats  in  unison  with  his,  and 
he  is  pre-eminently  entitled  to  all  the  honor  of  his  unenviable  position.  It  is 
truly  gratifying  to  know  that  the  more  liberal  views  of  his  honorable  col- 
leagues extend  beyond  the  confines  of  the  corporation,  and  that  they  have 
hearts  for  the  necessities  and  privations  of  the  rising  generation,  wherever 
they  may  be  scattered  among  the  hills  and  forests  of  the  whole  state. 

The  object  of  this  bill  is  to  elevate  the  standard  of  the  only  schools  in 
which  the  great  mass  of  young  minds  now  opening  into  manhood  must  neces- 
sarily be  taught,  and  make  them  capable  of  affording  a  good  English  educa- 
tion sufhcient  for  the  useful  and  necessary  business  transactions  of  life. 

In  order  to  do  this,  we  must  secure  the  patronage  and  influence  of  the 
wealthy.  Let  the  great  principle  be  established  that  property  must  educate 
the  people,  and  our  common  schools  will  flourish.  Tax  men  to  pay  common 
school  teachers,  and  their  children  will  be  taught  there.  "  Where  a  man's 
treasure  is  there  will  his  heart  be  also  "  —  comfortable  houses  will  be  pro- 
vided, and  competent  teachers  employed  —  the  rich  and  poor  will  meet  on  a 
common  level,  be  instructed  in  the  same  branches,  and  draw  their  moral  and 
intellectual  nourishment  from  the  same  fountain.  Equality  will  be  promoted, 
and  the  odious  and  increasing  distinction  between  the  rich  and  the  poor  will 
gradually  disappear,  and  the  unfortunate  and  downtrodden  child  of  poverty 
will  be  elevated  by  association  with  those  whom  circumstances  alone  have 
made  them  their  superiors. 

The  principle  of  free  schools  is  ably  and  elaborately  sustained  by  our 
worthy  superintendent  of  common  schools  in  his  report  now  on  our  tables; 
much  valuable  statistical  and  other  information  is  there  given,  showing  the 
superior  advantages  of  free  schools  in  all  cases  where  they  have  been 
established.  The  honorable  senator  from  Dutchess  (Alexander  J.  Coffin) 
has  given  us  a  history  of  the  practical  working  of  the  free  school  in 
Poughkeepsie,  and  he  gave  it  as  his  opinion,  that  the  amount  of  money  saved 
to  the  people  by  the  improved  condition  of  the  morals  and  conduct  of  the 
j-outh,  would  more  than  balance  the  additional  tax  necessary  to  sustain  the 
school,  and  it  is  worthy  of  consideration  that  in  every  city  and  village 
where  free  schools  have  been  established,  they  are  approved  by  the  people. 

The  honorable  senator  from  Saratoga  (James  M.  Cook)  took  the  same 
enlightened  and  liberal  view  of  the  subject,  and  in  the  course  of  his  able 
remarks  uttered  the  following  beautiful  and  truthful  sentence,  "  Good  schools 
should  be  regarded  as  so  many  insurance  offices  scattered  over  the  State; 
education  is  the  safeguard  of  life  and  property." 

Ignorance  and  idleness  are  but  recruiting  sergeants  to  jails  and  and  other 
prisons,  and  in  proportion  to  the  advance  of  science  and  civilization,  poverty 
and  crime  will  disappear. 

That  property  should  educate  the  people,  seems  to  me  to  be  a  proposition 
too  plain  and  sound  to  be  denied.  Science  and  civilization  protect  it  from 
destruction,  make  it  useful  and  give  it  value.  By  education  man  is  enabled 
to  fathom  the  earth  and  explore  the  heavens ;  by  it  the  great  steam  horse 
is  driven  along  his  iron  track;  by  it  the  lightnings  of  heaven  are  tamed  and 


174  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

sent  along  the  telegraphic  wires  on  errands  for  man.  It  develops  and 
ennobles  every  high  and  holy  feeling  of  our  souls,  which  elevates  us  above 
the  brutes  that  perish  and  allies  us  to  God. 

State  of  New  York 
No.  14 
In    Assembly,    Jan.    ii,    1849 

REPORT 

Of  the  Superintendent  of  Common  Schools  in  answer  to  a  Resolution  of 
the  Assembly 

Secretary's   Office 

Department  of  Common  Schools 

Albany,  January  10,  1849 

Resohed,  That  the  Superintendent  of  Common  Schools  be  requested  to 
transmit  to  this  House,  his  opinion  on  the  practicability  of  a  law  directing 
the  distribution  of  the  school  moneys  of  each  town  in  this  State,  among  the 
several  school  districts  where  in  the  school  houses  of  such  districts  are 
situated,  without  regard  to  the  territory  of  which  a  district  may  be  com- 
posed; except  in  cases  where  a  town  or  district  may  have  a  local  school 
fund,  and  in  cases  where  a  town  may  vote  an  additional  sum  for  school 
purposes  beyond  what  the  law  now  requires  to  be  raised;  and  excepting  also 
the  cases  where  a  district  may  be  composed  in  part  of  territory  lying  without 
the  bounds  of  this  State. 

In  answer  to  the  above  resolution,  the  Superintendent  of  Common  Schools 
Respectfully  reports: 

The  public  money  is  first  apportioned  among  the  several  counties,  accord- 
ing to  their  population.  The  amount  apportioned  to  a  county  is  then  divided 
among  the  towns  in  the  same  manner.  But  the  town  superintendent,  in 
apportioning  the  money  among  the  several  school  districts,  uses  as  the 
basis  of  his  calculations,  not  the  population,  but  the  number  of  children 
between  the  ages  of  five  and  sixteen  years. 

The  trustees  of  joint  districts  report  to  the  town  superintendents  of  the 
several  towns  of  whose  territory  the  district  may  in  part  be  formed,  the 
number  of  children  between  the  said  ages  in  each  of  the  several  parts.  The 
town  superintendent,  in  making  his  distribution  of  the  public  money,  allots 
to  the  part  of  a  joint  district  in  his  town,  its  share,  according  to  the  number 
of  children  so  reported. 

This  mode  of  distribution  can  operate  unequally  in  only  one  way.  It 
may  happen  that  the  part  of  a  joint  district  in  one  town  may  contain  no 
children  between  the  said  ages,  and  therefore,  none  of  the  money  apportioned 
to  the  town  can  be  apportioned  to  that  district.  And  further,  under  the 
present  mode  of  distribution,  none  of  the  money  raised  by  the  town,  or  the 
income  of  funds  belonging  lo  the  town,  will  be  apportioned  to  the  part  of 
a  joint  district  in  which  there  are  no  children  between  the  ages  of  five  and 
sixteen  years. 

But  this  inequality  is  not  of  so  frequent  occurence,  or  of  such  magnitude, 
as   to  need   legislative   remedy. 

The  main  objection  to  the  present  mode  of  distribution  is  found  in  the 
labor  imposed  upon  trustees  of  joint  districts,  of  making  two  or  more 
reports,  and  the  trouble  of  town  superintendents  in  distributing  money  to 
parts  of  districts. 


WILLIAM  M.  HAWLEY 
Senator    from    Steuben   county,   who    introduced    the    free 
school  act  of  1849 
(From   Clayton's   History   of   Steuben   County) 


CHRISTOPHER  MORGAN' 
Secretary  of  State  and  Superintendent  of  Common  Schools,  1848-52 


FREE    SCHOOLS  175 

The  distribution  is  as  fair  and  equal  as  could  be  hoped  for  under  any  law, 
the  labor  and  trouble  are  unavoidable. 

The  resolution  contemplates  such  a  change  in  the  law  as  to  require  trustees 
of  joint  districts  to  make  but  a  single  report  to  the  town  superintendent 
of  the  town  in  which  the  school  house  is  situated,  such  town  superintendent 
being  authorized  to  apportion  to  the  districts  the  share  of  the  public  money 
which  the  whole  number  of  children  between  the  ages  of  five  and  sixteen 
years  would  be  entitled  to  draw. 

This  would  simplify  the  reports,  and  save  trustees  much  labor  and 
perplexity. 

The  distribution,  however,  would,  in  almost  every  instance,  be  unequal  and 
unjust.  In  one  case,  a  district  might  draw  public  money  more  than  sufficient 
to  support  a  school,  and  in  another,  not  enough  to  encourage  the  keeping  of 
any  school  at  all. 

Let  a  joint  district  be  composed  of  territory  taken  from  two  towns.  Let 
the  number  of  children  in  the  district  be  one  hundred  between  the  ages  of 
five  and  sixteen  years,  of  whom  ten  reside  in  one  town,  and  ninety  in  the 
other.  Let  the  school  house  be  in  that  part  of  the  district  in  the  town 
where  the  ten  children  reside.  Let  the  latter  town  be  thinly  settled,  and 
the  other  populous.  Here  is  the  case  of  ninety  children,  who  have  been 
included  in  the  population,  and  who  have  therefore  drawn  money  for  the 
town  in  which  they  reside,  being  entitled  only  to  their  share  of  the  smaller 
sum  apportioned  to  a  sparsely  settled  town.  The  small  sum  apportioned  to 
the  poorer  town  is  distributed,  alsot,  to  ninety  children  not  living  in  it. 

This  may  be  called  an  extreme  case,  but  there  could  not  be  perfect 
equality  of  distribution  till  the  population  of  the  two  towns  and  the  number 
of  children  in  the  two  parts  of  the  joint  district  are  made  exactly  equal. 

The  principal  cause  of  school  district  controversies,  is  the  question  of 
locating  the  sites  of  schoolhouses.  A  change  of  the  law,  as  contemplated  in 
the  resolution,  would  multiply  occasions  for  such  disputes.  Every  joint 
district  would  be  interested  in  having  its  schoolhouse  situated  in  the  most 
populous  of  the  two  or  more  towns,  of  whose  territory  it  was  in  part 
formed.  A  district  composed  of  the  territory  of  the  town  of  Guilderland 
and  partly  of  that  of  Albany,  would  at  once  remove  its  schoolhouse  within 
the  limits  of  Albany. 

A  populous  district  might  draw  half  the  public  money  apportioned  to  a 
thinly  settled  town,  while  at  the  same  time  it  would  be  entitled  to  none  of 
the  public  money  apportioned  to  the  town  in  which  the  mass  of  its  inhabit- 
ants resided. 

While  a  change  of  the  mode  of  distribution  would  relieve  the  town  officers 
of  much  labor  and  perplexity,  in  the  opinion  of  the  undersigned,  it  would 
be  inequitable,  and  therefore  inexpedient. 

Very  respectfully 

Your  obedient  servant 

Christopher  Morgan 
Superintendent  of  Common  Schools 
To  the  Speaker  of  the  Assembly 

(In  Senate,  Friday,  January  26) 
The  Committee  of  the  Whole,  Mr  Lawrence  in  the  chair,  took  up  the 
bill  to  Establish  Free  Schools  Throughout  the  State. 


176  THE    UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

Mr  Williams  (of  Tompkins  county)  moved  to  amend  so  as  to  put  incor- 
porated villages  on  a  par  with  cities  in  this  matter — the  last  under  the  bill 
bfting  allowed  to  regulate  the  matter  themselves. 

Mr  Cole  (of  Orleans  county)  opposed  the  amendment,  Thomas  Jefferson  — 
and  Mr  C.  believed  every  word  he  had  written  —  said  that  "  Cities  and 
villages  were  ulcers  on  the  body  politic."  This  evil  could  only  be  obviated 
by  general  and  universal  education,  and  this  Mr  C.  desired  to  attain.  It 
was  the  only  way  to  insure  the  faithful,  competent  and  intelligent  discharge 
of  the  duty,  which  every  American  citizen  owed  to  his  country.  From 
his  earliest  opinion  he  had  ever  entertained  the  idea  that  we  were  the  only 
people  on  earth  prepared  for  a  republican  form  of  government,  and  the 
experience  of  twenty-five  years  had  confirmed  him  in  that  opinion.  Why 
was  it?  He  thanked  God  that  the  pilgrim  fathers  who  came  over  in  the. 
Mayflower, —  for  their  blood  flowed  almost  uncontaminated  through  his 
veins  —  when  they  landed  at  Plymouth  Rock,  were  an  educated  people,  who 
brought  with  them  the  love  of  liberty, —  for  they  were  all  of  the  Round- 
head genus.  Those  who  came  after  them  had  helped  to  fight  the  battles 
of  a  great  revolution  in  England  and  to  sustain  Whig  principles.  He  was 
proud  to  say,  that  one  of  his  ancestors  was,  during  the  whole  of  that  time, 
in  command  of  a  regiment  of  Parliamentarians  —  and  from  him  down  everj 
one  of  his  descendants  to  this  day  held  the  same  great  Whig  principles. 

Bringing  with  them  these  principles,  which  held  that  the  people  were, 
capable  of  self-government  when  educated  for  it  —  and  carrying  them  out 
in  the  Httle  democracies  of  their  towns  from  that  day  to  this — they  had 
scattered  broadcast  over  the  land  this  system  of  common  school  education. 
Mr  C.  contrasted  the  conditions  of  the  Southern  States,  where,  as  he  said, 
these  principles  had  not  prevailed,  with  the  Northern  Free  States  —  claim- 
ing for  the  latter  the  supremacy  in  morals,  religion,  politics,  and  in  all  that 
renders  a  nation  happy,  prosperous  and  great.  In  conclusion,  Mr  C.  hoped 
that  no  Senator  in  favor  of  the  bill  would  vote  for  the  amendment. 

Mr  Martin  (of  Cattaraugus  county)  insisted  that  for  all  practical  pur- 
poses, the  common  schools  of  the  State  were  now  free.  The  trustees  of 
school  districts  had  no  power  to  exclude  any  child  from  a  school  whether 
the  parent  or  guardian  was  able  to  pay  for  the  teaching  or  no^.  But  if  thft 
bill  was  necessary,  he  would  make  it  also  apply  to  cities.  What  was  good 
for  one  was  for  the  other? 

Mr  Fine  (of  St  Lawrence  county)  suggested  that  this  matter  should  be 
left  to  the  people  of  the  cities. 

Mr  Lawrence  (of  New  York)  said  that  in  New'  York  schools  were 
entirely  free. 

Mr  Fine  said  that,  in  his  opinion,  the  common  schools  in  villages  should 
be  rendered  free. —  Many  children  of  the  poor  people  were  not  sent  to  school 
because  there  was  some  little  to  pay,  and  although  the  trustees  had  the 
power  to  omit  the  amount,  yet  feelings  of  pride  prevented  the  people  from 
availing  themselves  of  it.  He  hoped  the  villages  would  not  be  excepted 
from  the  operation  of  this  bill.  At  an  early  period,  Mr  Clinton  had  recom- 
mended schools  for  the  education  of  teachers;  and  after  reflecting,  he 
(Mr  F.)  thought  the  best  schools  for  such  purposes  were  the  academies,— 
and  he  regretted  the  establishment  of  the  State  Normal  school,  which  had 
tended  to  break  down  the  academies. 


FREE  SCHOOLS  177 

Mr  Geddes  (of  Onondaga  county)  said,  under  the  present  system,  a  man 
might  send  his  child  to  school,  and  if  the  rates  were  not  paid,  they  could 
take  his  bed  from  under  him.  He  referred  to  the  example  of  his  own 
village,  where,  to  induce  poor  people  to  send  their  children  to  school,  the 
trustees  had  exempted  them  from  taxation  for  schools.  But  this  had  created 
much  complaint.  He  believed  that  every  child  should  be  educated  —  and  he 
liked  this  bill  in  that  it  provided  that  each  district  should  take  care  of  its 
own  school,  inasmuch  as  by  that,  no  district  was  liable  to  the  effect  of  the 
blunders  of  another.  He  objected  to  that  provision  of  it  which  did  away 
with  District  Collectors,  as  creating  an  inconvenience  to  taxpayers.  He 
'expected  that  stockholders  in  companies  who  were  to  be  taxed  would  object 
to  this  bill;  but  he  would  tell  them  it  was  better  to  pay  it  for  that  purpose 
than  a  larger  sum  for  the  support  of  police  courts. 

Mr  Hawley  (of  Steuben  county)  sustained  the  provision  obviating  dis- 
trict collectors.  Cities  were  included  in  this  bill,  and  were  to  be  governed 
by  the  city  laws,  which  could  not  apply  to  the  country.  He  denied  that 
schools  were  free  now  throughout  the  State ;  he  knew  of  instances  where 
children  who  went  free  now,  had  felt  themselves  driven  from  school,  because 
they  were  called  paupers.  He  desired  to  remove  all  such  stigmas,  and  to 
put  everybody  on  a  level  —  rich  and  poor,  with  respect  to  education.  The 
object  of  the  bill  was  to  make  property  pay  its  share  for  the  education  of 
the  people  —  without  which  property  would  be  of  no  value. 

Mr  Williams's  amendment  was  not  understood.  He  believed  villages  were 
as  capable  to  regulate  their  own  schools  as  cities,  and  he  desired  to  place 
them  on  the  same  footing.    A  general  law  should  operate  alike  over  the  state. 

Mr  CdfUn  (of  Dutchess  county)  said  the  first  free  school  in  the  state  was 
in  the  village  of  Poughkeepsie.  Mr  C.  referred  to  the  flourishing  condition 
of  the  schools  there  —  adding  that  there  was  but  one  school  district  under 
the  direction  of  a  board  of  education.  He  tho't  some  amendment  should 
be  made  which  would  give  the  villages  this  power. 

Mr  Cctpk  (of  Saratoga  countjO  said  that  capitalists  generally  were  not 
and  would  not  be  opposed  to  this  law.  The  money  paid  by  them  for  com- 
mon schools  was  precisely  like  the  insurance  they  paid  on  their  property  — 
the  same  ends  were  sought  and  secured. 

Mr  CofHn  said  that  altheugh  the  free  school  system  was  a  tax  on  Pough- 
keepsie of  $4000  a  year  —  yet  the  aggregate  tax  was  not  less  than  it  was 
five  years  ago.  There  was  as  much  gained  on  the  one  hand  as  lost  on  the 
other.  It  appeared  to  him  that  capitalists  should  be  more  willing  to  pay 
for  education  than  for  the  punishment  of  crime. 

There  was  some  debate  on  the  section  relating  to  the  manner  of  collecting 
the  tax,  when  the  committee  rose  and  reported  progress. 

William  M.  Hawley 
Born  in  Delaware  county,  February  13,  1802,  William  M.  Hawley 
was  the  son  of  a  farmer,  who  was  able  to  afford  his  children  but 
few  educational  advantages.  William  Hawley  made  the  most  of 
every  opportunity  that  came  to  him  and  it  is  said  that  he  had  such 
a  remarkable  memory  that  he  could  repeat  verbatim  a  large  portion 

12 


178  THE   UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 

of  any  book,  after  reading  it  but  once.  Upon  reaching  his  majority, 
he  went  to  Allegany  county,  where  he  cleared  a  piece  of  land  for 
tillage.  In  1824,  he  was  elected  constable  of  the  town  of  Almond 
and  he  took  up  the  study  of  law.  As  he  could  not  afford  to  devote 
his  whole  time  to  study,  he  studied  at  home,  attended  such  sessions 
of  court  as  he  could  in  order  to  hear  the  trial  of  cases  and  after 
several  years  devoted  to  the  work,  he  was  admitted  to  the  bar.  He 
opened  an  office  in  Almond  where  he  built  up  a  practice  of  con- 
siderable importance.  In  1837  he  moved  to  Homellsville,  where  he 
became  one  of  the  leading  lawyers  of  that  part  of  the  State.  In 
1846  Governor  Silas  Wright  appointed  Mr  Hawley  first  judge  of 
Steuben  county.  In  1848  he  was  elected  to  the  State  Senate  and 
was  one  of  the  prominent  members  of  the  sessions  of  1848  and 
1849. 

He  introduced  a  bill  for  free  schools  in  the  session  of  1848  and,  as 
this  failed  of  enactment,  he  introduced  in  the  session  of  1849,  the 
bill  which  later  became  the  free  school  law  of  1849. 

Mr  Hawley  was  a  delegate  to  the  convention  which  nominated 
Martin  Van  Buren  for  President  and  was  one  of  the  committee 
which  drew  up  the  resolutions,  whose  essential  features  were  after- 
ward adopted  by  the  Republican  party. 

After  retiring  from  the  Senate,  he  devoted  himself  to  the  practice 
of  his  profession  until  his  death  in  1869. 

John  Fine 

John  Fine  was  bom  in  New  York,  August  26,  1794.  He  entered 
Columbia  College  in  1805  and  was  graduated  in  1809,  at  the  age  of 
15,  receiving  the  second  honor,  the  English  salutatory.  Mr  Fine 
studied  law  for  five  years  in  various  law  offices  and  then  attended  a 
course  of  law  lectures  of  one  year  under  Judges  Reeve  and  Gould, 
at  Litchfield,  Conn.  In  181 5  he  removed  to  St  Lawrence  county 
and  formed  a  law  partnership  with  Louis  Hasbrouck,  which  con- 
tinued until  the  death  of  the  latter  in  1834. 

In  the  fall  of  1824,  Mr  Fine  was  appointed  first  judge  of  the 
county  and  continued  in  this  office  by  reappointment  until  1839.  In 
the  fall  of  1838,  he  was  elected  to  Congress  and  for  part  of  his 
term  served  on  the  committee  on  foreign  affairs.  In  1844,  he  was 
again  appointed  first  judge  of  St  Lawrence  county  and  held  that 
office  until  the  adoption  of  the  new  constitution  in  1847.  During 
his  service  of  over  eighteen  years  on  the  bench,  only  three  of  his 
decisions  were  reversed.    In  1848  he  was  elected  to  the  State  Senate 


FREE   SCHOOLS  179 

and,  while  in  that  body,  he  introduced  the  bill  enacted  into  law 
which  gave  married  women  control  of  their  own  property.  In  1847 
and  1849,  ^^r  ^ine  ran  unsuccessfully  for  election  as  judge  of  the 
Supreme  Court.  He  was  treasurer  of  St  Lawrence  county  from 
1821  to  1833. 

Judge  Fine  received  the  degree  of  master  of  arts  from  Columbia 
College  in  1812  and  that  of  doctor  of  laws  from  Hamilton  College 
in  1850.  In  1852  he  published  a  volume  of  lectures  on  law  which 
showed  the  vast  extent  of  his  legal  knowledge. 

Frederick  Stanley  Martin 

Frederick  Stanley  Martin,  born  in  the  county  of  Rutland,  Vermont, 
on  April  25,  1794,  lived  with  his  mother,  a  widow,  until  he  was  ten 
years  of  age,  when  he  went  to  New  Hartford,  N.  Y.,  to  live  with 
his  uncle.  At  the  age  of  sixteen,  Mr  Martin  left  his  uncle's  home 
to  work  in  Whitehall.  After  an  experience  of  six  years  as  mer- 
cantile clerk,  steward  on  a  Lake  Champlain  steamer  and  sailor  on  a 
ship  to  England,  Mr  Martin  in  the  fall  of  1817  went  to  Canan- 
daigua,  which  was  then  considered  in  "  the  far  West."  In  the 
spring  of  181 8,  he  settled  in  Olean  where  he  made  his  permanent 
home.  In  time  Mr  Martin  became  one  of  the  wealthiest  and  most 
respected  citizens  of  his  community,  having  large  property  interests 
and  being  known  as  a  clear-headed,  substantial  merchant. 

Mr  Martin  was  much  interested  in  all  public  affairs  of  his  time. 
He  was  the  first  president  of  the  board  of  trustees  of  the  Olean 
Academy.  From  1826  until  1833  he  was  prominently  identified 
with  the  state  militia,  holding  the  rank  of  major  and  later  that  of 
lieutenant  colonel.  In  1830  he  received  the  unsolicited  appointment 
of  postmaster  at  Olean  and  held  this  position  during  the  succeeding 
nine  years.  In  1840,  Governor  Seward  appointed  him  "  a  judge  of 
the  county  courts  of  Cattaraugus  county  "  and  he  held  this  office 
for  five  years.  In  1847  he  was  elected  to  the  State  Senate  but  was 
defeated  in  obtaining  a  renomination.  His  defeat  was  due  to  a 
political  combination  against  him  and  the  people  of  his  assembly 
district  were  so  incensed  over  the  matter  that  at  the  assembly  dis- 
trict convention  held  soon  after,  he  was  nominated  by  acclamation 
for  the  Assembly  and  later  elected  to  that  body.  He  had  worked 
energetically  for  the  Genesee  Valley  canal  and  in  both  the  Senate 
and  Assembly,  he  was  a  member  of  the  important  "  canal "  com- 
mittee. In  the  fall  of  1850,  Mr  Martin  was  elected  to  Congress  and 
during  his  term  supported  the  administration  of  President  Fillmore. 


l80  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

James  M.  Cook 

James  M.  Cook  was  bom  in  Ballston  Spa  in  1807.  His  father 
was  Judge  Samuel  Cook,  who  was  a  Master  in  Chancery  in  1801 ; 
Examiner  in  Chancery  in  1823;  and  one  of  the  Judges  of  the  Court 
of  Common  Pleas  in  1820. 

Mr  Cook  took  up  the  study  of  law  and  was  admitted  to  the  bar. 
He  was  one  of  the  organizers  of  the  Ballston  Spa  Bank  in  1838 
and  became  its  first  president,  serving  in  that  capacity  until  1856. 
In  1845  ^^  purchased  a  cotton  mill  and  later  he  became  associated 
with  his  brother  in  an  extensive  cotton  manufacturing  business, 
which  was  later  terminated  by  the  scarcity  of  cotton  due  to  the 
Civil  War. 

Mr  Cook  was  prominent  in  public  affairs.  In  the  Constitutional 
Convention  of  1846  and  in  the  State  Senate  in  which  he  served 
from  1847-1851,  and  again  in  1863,  he  was  one  of  the  leaders  of 
his  party  and  known  as  a  clear  thinker,  a  ready  speaker  and  an 
able  debater.  In  185 1,  he  was  declared  elected  State  Treasurer  and 
held  that  office  from  January  i,  1852  to  November  2  of  that  year, 
when  the  contest  brought  by  Benjamin  Welch,  Jr.  was  decided  in 
favor  of  Mr  Welch.  Mr  Cook  was  elected  State  Comptroller  in 
1853  ^"^  served  for  the  years  1854  and  1855.  In  1856,  he  was 
appointed  Superintendent  of  the  Banking  Department  and  held  that 
position  until  he  resigned  it  in  1861, 

In  his  own  community,  he  was  also  honored,  having  served  as 
President  and  Trustee  of  the  Village  of  Ballston  Spa  during  the 
years  1843-45.     He  was  also  supervisor  for  three  years. 

Mr  Edward  F.  Gros  in  his  "  Centennial  History  of  the  Village  of 
Ballston  Spa  "  says  that  "  The  War  of  the  Rebellion  roused  his 
(Mr  Cook's)  patriotism  to  an  absorbing  passion.  To  the  enlistment 
and  organization  of  troops,  he  gave  both  time  and  money.  .  .  . 
In  private  life  Mr  Cook  was  a  courtly  gentleman,  suave  in  manner, 
and  a  most  entertaining  conversationalist.  A  man  of  culture,  fully 
informed  on  all  matters  of  importance  pertaining  to  the  times  in 
which  he  lived,  he  stood  high  in  the  public  esteem,  and  was  greatly 
respected  wherever  he  was  known." 

Mr  Cook  died  at  Saratoga  Springs  in  1868. 

John  L.  Lawrence 
Honorable  John  L.  Lawrence  was  a  descendant  of  a  family  dis- 
tinguished in  the  annals  of  both  England  and  America.     He  was 
born  in  1785,  was  graduated  from  Columbia  University  in   1803 
and  had  a  long  and  distinguished  career  as  a  lawyer,  whose  specialty 


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JOHX  L.  LAVVkjiALt. 
Member  of  Senate,  1849 

(From  conyrighted  picture  in  "  Famous  Families  0* 
New  York  " ;  used  by  courtesy  of  G.  P.  Putnam's 
Sons) 


FREE    SCHOOLS  l8l 

was  banking  and  corporations.  He  was  Secretary  of  Legation  at 
Sweden,  member  of  the  Constitutional  Convention  of  1821,  Assistant 
Register  of  the  Court  of  Chancery,  Presidential  Elector,  State 
5>€nator  in  1848-49,  City  Comptroller,  Assemblyman,  Treasurer  of 
Columbia  University,  first  President  of  the  Croton  Aqueduct  Com- 
mission, and  United  States  Charge  d' Affaires  at  the  Court  of 
Sweden. 

George  Geddes 
George  Geddes  was  bom  at  Fairmount,  Onondaga  county,  in 
1809.  After  receiving  a  good  education,  he  studied  law  but  never 
applied  for  admission  to  the  bar.  He  preferred  the  profession  of 
civil  engineering  and  surveying.  He  became  prominent  in  his  pro- 
fession and  undertook  many  works  of  importance.  He  was  an 
original  member  of  the  state  survey  commission.  In  1848  he  was 
elected  to  the  State  Senate  and  held  office  until  185 1.  He  was  the 
author  of  the  general  railway  law  under  which  the  railroads  of  the 
State  are  incorporated.  In  1881  he  was  a  member  of  the  commis- 
sion to  revise  the  tax  laws  and  became  well-known  through  his 
articles  on  the  subject.  He  was  a  recognized  authority  on  agri- 
culture and  owned  a  farm  which  twice  received  first  prize  at  the 
State  Fair  for  general  excellent  condition  and  productiveness.  He 
was  president  of  the  State  Agricultural  Society  and  a  frequent  con- 
tributor to  the  New  York  Tribune,  the  Country  Gentleman  and 
o^^her  papers.    He  died  in  1883. 

Alexander  J.  Coffin 
Senator  Alexander  J.  Coffin  was  a  prominent  citizen  of  Pough- 
keepsie.  He  was  a  member  of  the  committee  that  received  Lafay- 
ette in  1824,  was  one  of  the  first  directors  of  the  Poughkeepsie  Bank 
organized  in  1830  and  was  a  member  of  the  Board  of  Education. 
He  was  one  of  the  organizers  of  the  Republican  party  in  Dutchess 
county. 

John  IV.  Tamhlin 
While  John  W.  Tamblin  of  Evans  Mills,  Jefferson  county,  was  a 
lav/yer,  he  devoted  more  time  to  politics  than  to  the  practice  of  law. 
At  one  time,  he  edited  a  newspaper.  He  served  in  the  Assembly 
for  several  years  and  was  a  member  of  the  State  Senate  during  the 
years  1 849-1 850. 

Aimer  on  Hyde  Cole 

Mr  Cole  was  bom  at  Lavanna,  Cayuga  county.  N.  Y.,  April  20, 
1798.  His  parents  removed  to  Auburn  in  1807  and  there  he  pre- 
pared for  college  and  entered  the  Sophomore  Qass  in  Union  Col- 


l82  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

lege  in  1815.  Owing  to  changes  in  his  family,  he  remained  in 
college  but  two  years. 

He  studied  law  with  Judge  Richardson,  then  first  Judge  of 
Cayuga  county,  and  was  admitted  to  the  bar  in  his  twenty-first  year. 
After  practicing  law  in  Seneca  Falls  for  a  time,  Mr  Cole  estab- 
lished himself  at  Albion,  He  served  for  17  years  as  Justice  of  the 
Peace  of  the  town  of  Barre  and  his  counsel  and  advice  were  so 
highly  valued  by  the  people  that  he  early  became  known  by  the 
title  of  "  the  counselor." 

In  November  1847,  he  was  elected  a  member  of  the  State  Senate, 
where  he  served  one  term  and  declined  a  renomination.  After 
leaving  the  Senate,  he  resumed  the  practice  of  law  but  later  he 
closed  his  law  office  and  devoted  himself  to  the  duties  of  executor 
of  a  large  estate  and  to  the  management  of  a  farm  which  he  owned. 
He  died  October  14,  1859. 

Legislative  Summary 

In  Senate    .     .     .     The  free  school  bill  was  also  debated  —  no  question. 

Thursday,  February  I,  1849 

The  same  committee  (of  the  whole),  Mr  Fuller  in  the  chair,  took  up  the 
bill  to  establish  free  schools  throughout  the  State. 

The  section  preserving  the  distinction  between  cities  and  the  country  was 
restored. 

Mr  S.  H.  P.  Hall  said  the  schools  were  now  free  and  the  only  question 
here  was  between  the  two  systems.  He  preferred  the  present  system,  and 
moved  to  strike  out  the  section  to  sul)mit  it  to  the  people. 

Mr  Cornwall  denied  that  the  schools  were  now  accessible  to  all  classes 
alike.  He  knew  instances  where  school  collectors  had  taken  the  bed  of  a 
family  for  the  non-payment  of  the  school  rates.  He  hoped  the  motion 
would  not  prevail. 

There  was  some  further  debate  on  this  proposition,  when  the  motion  was 
adopted,  and  then  the  committee  rose  and  reported  the  bill,  and  it  was 
referred  to  a  select  committee  to  report  complete. 

References  to  Free  School  Law  Taken  from  I  lie  Journal  of  the 

Assembly 

Seventy-second  Session 

Mr  Fish  presented  the  petition  of  520  citizens  of  Glen,  Montgomery  county, 
praying  for  an  act  establishing  free  schools,  which  was  read  and  referred  to 
the  committee  on  colleges,  academies  and  common  schools. 

January  10,   1840.  p.  87 
Mr  Disov/ay  presented  a  similar  petition  of  the  inhabitants  of  Richmond 
county,  of  which  the  same  disposition  was  made. 


FREE  SCHOOLS  1 83 

January  22,  1849,  p.  190 
Mr  W.  S.  Smith  presented  a  petition  of  the  board  of  education  of  the  town 
of  Flushing,  praying  for  an  amendment  of  the  act  to  establish  free  schools 
in  district  5,  town  of  Flushing,  which  was  read  and  referred  to  the  com- 
mittee on  colleges,  academies  and  common  schools. 

Mr  Disoway  presented  two  petitions  of  inhabitants  of  school  district  7. 
town  of  Castletown,  Richmond  county,  to  establish  free  schools  in  the  State, 
or  if  this  be  denied,  to  establish  them  in  Richmond  county,  which  was  read 
and  referred  to  the  committee  on  colleges,  academies  and  common  schools. 

January  25,  1849,  p.  226 
Mr  Kidd  presented  a  petition  of  sundry  inhabitants  of  West  Farms,  West- 
chester county,  praying  for  the  establishment  of  free  schools  throughout  the 
State,  which  was  read  and  referred  to  the  committee  on  colleges,  academies 
and  common  schools. 

January  26,  1849,  p.  238 
Mr  Mowrey  presented  a  similar  petition  of  the  inhabitants  of  Cambridge, 
Washington  county,  of  which  the  same  disposition  was  made. 

January  27,  1849,  p.  251 
Mr  Bagley  presented   a  similar  petition  of  the  inhabitants  of  Jefferson 
county,  of  which  the  same  disposition  was  made. 

January  29,  1849,  p.  258 

Mr  Boughton  presented  a  similar  petition  of  C.  H.  Greenleaf  and  67  other 
inhabitants  of  Kings  county,  of  which  a  same  disposition  was  made. 

February  3,  1849,  p,  312 
Mr  W.  S.  Smith  presented  a  similar  petition  of  school  district  12,  in  Oyster 
Bay,  in  Queens  county,  of  which  the  same  disposition  was  made. 

February  5,  1849,  p.  322 
Mr  Averill  presented  a  similar  petition  of  80  inhabitants  of  Palatine,  Mont- 
gomery county,  of  which  a  similar  disposition  was  made. 

February  6,  1849,  p.  341 
Mr  W.  H.  Robertson  presented  a  similar  petition  of  the  inhabitants  of  the 
\'illage  of  Tarrytown,  in  the  county  of  Westchester,  of  which  the  same  dis- 
position was  made. 

February  7,  1849,  p.  363 
Mr  Wdls  presented  a  similar  petition  of  Amos  Hunt  and  others,  inhabit- 
ants of  Day  and  Edinburgh,  Saratoga  county,  of  which  the  same  disposition 
was  made. 

February  8,  1849,  p.  374 
Messrs.  Elwood  and  Hall  presented  three  similar  petitions  of  the  inhabit- 
ants of  Oneida  and  Tompkins  counties,  of  which  a  same  disposition  was 
made. 

February  8,  1849,  p.  375 
Mr  Bush  presented  a  similar  petition  of  the  inhabitants  of  Sullivan  county 
of  which  the  same  disposition  was  made. 


184  THE    UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

February  9,  1849,  p.  388 
Mr  Averill  presented  the  petition  of  sundry  citizens  of  Fulton  county  for 
the  establishment  of  free  schools  throughout  the  State,  which  was  read  and 
referred  to  the  committee  on  colleges,  academies  and  common  schools. 

February  9,  1849,  p.  388 
Mr  W.  H.  Robertson  presented  a  similar  petition  of  the  inhabitants  of  Sing 
Sing,  Westchester  county,  of  which  the  same  disposition  was  made. 

February  12,  1849,  p.  418 
Mr  Nash  presented  a  similar  petition  of  87  inhabitants  of  Chemung  county 
of  which  the  same  disposition  was  made. 

February  12,  1849,  p.  418 
Mr    Roblee    presented  a  similar  petition   of   the  inhabitants  of   Orleans 
county,  of  which  the  same  disposition  was  made. 

February  15,  1849,  p.  468 
Mr  Kidd  presented  petitions  of  the  inhabitants  of  Westchester  county  of 
which  the  same  disposition  was  made. 

February  16,  1849,  p.  482 
Messrs  Speaker,  Fish,  Disoway  and  W.  H.  Robertson  presented  four  sev- 
eral petitions  of  sundry  inhabitants  of  the  counties  of  Rensselaer,  Richmond, 
Montgomery  and  Westchester,  for  the  establishment  of  free  schools  through- 
out the  State,  which  were  referred  to  the  committee  on  colleges,  acade- 
mies and  schools. 

February  19,  1849,  p.  508 

Mr  WoodruflF  presented  two  petitions  of  sundry  citizens  of  Dansville, 
against  the  establishment  of  a  free  union  school  in  that  village,  and  for  the 
establishment  of  free  schools  throughout  the  State,  which  were  read  and 
referred  to  the  committee  on  collegei,  academies  and  common  schools. 

February  19,  1849,  p.  509 

Mr  Fish  presented  a  similar  petition  of  the  inhabitants  of  Montgomery 
county  of  which  the  same  disposition  was  made. 

February  21,  1849,  p.  536 
Mr  Nash  gave  notice  of  his  intention  to  ask  leave  to  bring  in  a  bill  to  estab- 
lish free  schools  throughout  the  State. 

February  24,  1849,  p.  575 

Mr  Wheaton  presented  the  memorial  of  the  Onondaga  county  teacher's 
institute  in  favor  of  the  establishment  of  free  schools  throughout  the  Slate, 
which  was  read  and  referred  to  the  committee  on  colleges,  academies  and 
common  schools. 

Febaruary  26,  1849,  p.  580 

Mr  Wheaton  presented  a  petition  of  the  sundry  inhabitants  of  the  county 
of  Onondaga,  praying  for  the  establishment  of  free  schools  throughout  the 
State,  and  a  more  effectual  supervision  and  a  further  appropriation  for 
teacher's  institutes,  which  was  read  and  referred  to  the  committee  on  colleges, 
academies  and  common  schools. 


FREE   SCHOOLS  185 

February  28,  1849,  p.  612 

Mr  Pease  presented  the  petition  of  sundry  inhabitants  of  Jefferson  county, 
for  the  establishment  of  free  schools  throughout  the  State,  which  was  read 
and  referred  to  the  committee  on  colleges,  academies  and  common  schools. 

February  28,  1849,  p.  614 
Mr  Fish  and  Fox  presented  four  petitions  of  sundry  citizens  of  this  State, 
praying  for  the  establishment  of  free  schools  throughout  the  State,  which 
as  read  and  referred  to  the  committee  on  collies,  academies  and  common 
schools. 

March  6,  1849,  p.  679 
Mr  Quackenboss   presented  similar  petitions   of   the  citizens  of   Steuben 
county,  of  which  the  same  disposition  was  made. 

March  7,  1849,  p.  695 
Mr  Wheaton  presented  a  similar  petition   of   the  sundry  inhabitants  of 
Jefferson  county  of  which  the  same  disposition  was  made. 

March  10,  1849,  p.  765 
Mr  Bogart  presented  the  petition  of  John  O'Blenis,  of  Rockland  county, 
praying  for  the  repeal  of  all  laws  relating  to  common  schools,  which  was 
read  and   referred   to   the  committee  on  colleges,   academies  and  common 
schools. 

March  13,  1849,  p.  815 
Mr  Bogart  presented  a  similar  petition  of  the  sundry  inhabitants  of  Rock- 
land county  of  which  the  same  disposition  was  made. 

March  14,  1849,  p.  837 
Mr  W.  S.  Smith  presented  a  similar  petition  of  the  sundry  inhabitants  of 
North  Hempstead  of  which  the  same  disposition  was  made. 

March  15,  1849,  p.  861 
Mr  W.  H.  Robertson  presented  a  similar  petition  of  the  citizens  of  West- 
chester county,  of  which  the  same  disposition  was  made. 

March  17,  1849,  p.  892 
A  message  from  the  Senate  was  received  and  read,  informing  that  they 
had  passed  without   amendment   the  bill  entitled  as   follows:     "An   act   to 
amend  an  act  to  establish  free  schools  in  district  number  5  in  the  town  of 
Flushing  passed  March  10,  1848." 

March  17,  1849,  p.  900 

The  House  then  resolved  itself  into  a  committee  of  the  whole  on  the  spe- 
cial order  of  the  day,  it  being  the  engrossed  bill  from  the  Senate,  "An  act 
establishing  free  schools  throughout  the  State." 

After  some  time  spent  thereon,  Mr  Speaker  resumed  the  chair,  and  Mr 
Hale  from  said  committee,  reported  progress  and  asked  leave  to  sit  again. 

On  motion  of  Mr  Pruyn, 

Resolved,  That  the  engrossed  bill  from  the  Senate,  "An  act  establishing 
free  schools  throughout  the  State,"  be  made  the  special  order  for  Monday 
evening  at  7  o'clock." 


i86 


THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 


March  17,  1849,  p.  908 

Messrs  Pruyn,  A.  Robertson  and  Terry  presented  three  petitions  of  sun- 
dry citizens  of  this  State  for  the  estabHshment  of  free  schools  throughout 
the  State,  which  were  read  and  referred  to  the  committee  of  the  whole  when 
on  the  bill  upon  that  subject. 

March  19,  1849,  p.  909 

On  motion  of  Mr  Pruyn, 

Resolved,  That  the  special  order  of  this  evening,  it  being  the  bill  entitled, 
"An  act  establishing  free  schools  throughout  the  State,"  be  postponed  until 
evening  at  7  o'clock" 

March  19,  1849,  p.  916 

Mr  W.  H.  Robertson  presented  the  petition  of  sundry  citizens  of  the  town 
of  Cortland,  in  the  county  of  Westchester,  for  the  establishment  of  free 
schools  throughout  the  State,  which  was  read  and  referred  to  the  committee 
on  colleges,  academies  and  common  schools. 

March  20,  1849,  p.  917 

The  House  then  resolved  itself  into  a  committee  of  the  whole  on  the  en- 
grossed bill  from  the  Senate,  entitled,  "An  act  establishing  free  schools 
throughout  the  State." 

After  some  time  spent  thereon,  Mr  Thompson,  from  said  committee,  re- 
ported that  the  committee  had  gone  through  the  bill,  and  agreed  to  the  same 
without  amendment,  which  report  was  agreed  to. 

By  unanimous  consent,  The  engrossed  bill  from  the  Senate,  entitled,  "An 
act  establishing  free  schools  throughout  the  State "  was  read  a  third  time. 

Mr  Speaker  put  the  question  whether  the  House  would  agree  to  the  final 
passage  of  the  bill,  and  it  was  determined  in  the  affirmative,  a  majority  of  all 
the  members  elected  to  the  Assembly  voting  in  favor  thereof,  and  three-fifths 
of  said  members  being  present,  as  follows :    Ayes  73,  nays  7. 

Those  who  voted  in  the  affirmative  are, 


Mr  Averill 
Mr  Bailey 
Mr  Beekman 
Mr  BelUnger 
Mr  Boardman 
Mr  Bogart 
Mr  Boyce 
Mr  BrinkerhoflF 
Mr  Brewer 
Mr  Bush 
Mr  L.   Butts 
Mr  Campbell 
Mr  Clark 
Mr  Cornell 
Mr  Cross 
Mr  Elderkin 
Mr  Fish 
Mr  Fiske 
Mr  Fitzhugh 
Mr  Fox 
Mr  Gates 
Mr  Gilbert 
Mr  Glass 
Mr  GofF 
Mr  Gove 


Mr  Graham 
Mr  Green 
Mr  Hale 
Mr  Hammond' 
Mr  Hudson 
Mr  A.    Johnson 
Mr  Kelsey 
Mr  Kennedy 
Mr  Leavenworth 
Mr  McKinney 
Mr  Maine 
Mr  Markel 
Mr  Mersereau 
Mr  Mowrey 
Mr  Nash 
Mr  Noble 
Mr  Pardee 
Mr  Perley 
Mr  Picket 
Mr  Porter 
Mr  Preston 
Mr  Pruyn 
Mr  Quackenboss 
Mr  Robertson 


Mr  W.   H.    Robertson 

jMr  Rounseville 

Mr  Slocum 

Mr  Smalley 

Mr  L.  Ward   Smith 

Mr  Stevens 

Mr  Stevenson 

Mr  Strevor 

Mr  Stryker 

Mr  Sweet 

Mr  Terry 

Mr  J.   E.   Thompson 

Mr  A.  Tuttle 

Mr  H.  C.  Tuthill 

Mr  Van  Aukcn 

Mr  Van   Order 

Mr  Vincent 

Mr  Ward 

Mr  Wheaton 

Mr  White 

Mr  Whittaker 

Mr  Wilcox 

Mr  Woodruff 

Mr  Young 


73 


FREE  SCHOOLS  1 87 

Those  who  voted  in  the  negative  are, 

Mr  Buxton  Mr  L.  M.  Gilbert  Mr  Miller 

Mr  Culbert  Mr  Hart  Mr  Stewart 

Mr  Curtis  7 

Ordered,  That  the  clerk  return  the  said  bill  to  the  Senate,  and  inform  them 
that  the  Assembly  have  passed  same  without  amendment. 

March  23,  1849,  p.  1003 
Mr  VV.  S.  Smith  presented  the  petition  of  sundry  citizens  of  Queens  county, 
for  the  establishment  of  free  schools  throughout  the  State,  which  was  read 
and  laid  on  the  table. 

March  27,  1849,  p.  1043 
A  message  from  the  Senate  was  received  and  read,  requesting  the  concur- 
rence of  the  Assembly  to  the  bill  entitled,  "An  act  to  amend  the  act  entitled, 
'An  act  establishing  free  schools  throughout  the  State,'  passed  March  26, 
1849,"  which  was  read  for  the  first  time,  and  referred  to  the  committee  on 
colleges,  academies  and  common  schools. 

March  27,  1849,  p.  1055 
Mr  Bogart  presented  a  petition  of  the  citizens  of   Rockland  county,  for 
free  schools  throughout  the  State,  which  was  read  and  laid  on  the  table. 

March  31,  1849,  p.  1160 

Mr  Hart,  from  the  select  committee  to  which  was  referred  the  engrossed 
bill  from  the  Senate,  entitled,  "An  act  in  relation  to  the  Fabius  Select  School 
in  the  county  of  Onondaga,"  to  report  complete,  reported  that  the  committee 
had  gone  through  the  said  bill,  and  agreed  to  the  same  without  amendment 
which  report  was  agreed  to. 

Ordered,  That  the  said  bill  be  read  the  third  time. 

April  5,  1849,  p.  1296 

Mr  Pruyn,  from  the  committee  on  colleges,  academies  and  common  schools, 
to  which  was  referred  the  engrossed  bill  from  the  Senate,  entitled,  "An  act 
to  amend  an  act  entitled,  'An  act  establishing  free  schools  throughout  the 
State,'  passed  March  26,  1849,"  reported  that  the  committee  had  examined  the 
said  bill,  and  saw  no  reason  why  the  same  should  not  be  passed  into  a  law. 

Ordered,  That  said  bill  be  read  a  third  time. 

April  5,  1849,  p.  1297 

The  engrossed  bill  from  the  Senate,  entitled,  "An  act  to  amend  an  act  enti- 
tled, An  act  establishing  free  schools  throughout  the  State,  passed  March  26, 
1849,"  having  been  amended  by  unanimous  consent. 

The  said  bill  was  then  read  a  third  time. 

Mr  Speaker  put  the  question  whether  the  House  would  agree  lo  the  final 
passage  of  the  bill,  and  it  was  determined  in  the  affirmative,  a  majority  of  all 
the  members  elected  to  the  Assembly  voting  in  favor  thereof  as  follows: 
Ayes  80,  nays  6. 

Ordered,  That  the  clerk  return  the  said  bill  to  the  Senate,  and  inform 
them  that  the  Assembly  have  passed  the  same  with  the  amendments  therewith 
delivered. 


l88  THE    UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

Mr  Averill  moved  the  House  reconsider  its  vote  on  the  final  passage  of 
the  bill. 

Mr  Speaker  put  the  question  whether  the  House  would  agree  to  the  said 
motion  of  Mr  Averill,  and  it  was  determined  in  the  negative. 

April  5,  1849,  p.  1309 
A  message  from  the  Senate  was  received  and  read,  informing  that  they 
have  concurred  in  the  amendments  of   the  House  to  the  bill  entitled,  "An 
act  to  amend  the  act  entitled.  An  act  establishing  free  schools  throughout 
the  State,'  passed  March  26,  1849." 
Ordered,  That  the  clerk  return  the  said  bill  to  the  Senate. 

April  II,  1849,  p.  1512 
Chapter  140 

An  Act  Establishng  Free  Schools  Throughout  the  State 

Passed  March  26,  1849,  "  three  fifths  being  present " 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows: 

1  Common  schools  in  several  school  districts  in  this  State  shall  be  free 
to  all  persons  residing  in  the  district,  over  five,  and  under  twenty-one  years 
of  age.  Persons  not  residents  of  a  district  may  be  admitted  into  the  schools 
kept  therein,  with  the  approbation,  in  writing,  of  the  trustees  thereof,  or  a 
majority  of  them. 

2  It  shall  be  the  duty  of  the  several  boards  of  supervisors  at  their  annual 
meeting,  to  cause  to  be  levied  and  collected  from  their  respective  counties,  in 
the  same  manner  as  county  taxes,  a  sum  equal  to  the  amount  of  state  school 
moneys  apportioned  to  such  counties  and  to  apportion  the  same  among  the 
towns  and  cities  in  the  same  manner  as  the  moneys  received  from  the  state 
are  apportioned.  They  shall  also  cause  to  be  levied  and  collected  from  each 
of  the  towns  in  their  respective  counties  in  the  same  manner  as  other  town 
taxes,  a  sum  equal  to  the  amount  of  state  school  moneys  apportioned  to  said 
towns  respectively. 

3  The  trustees  of  each  school  district  within  thirty,  and  not  less  than 
fifteen  days  preceding  the  time  for  holding  the  district  annual  meeting  in 
each  year,  shall  prepare  an  estimate  of  the  amount  of  money  necessary 
to  be  raised  in  the  district  for  the  ensuing  year,  for  the  payment  of  the 
debts  and  expenses  to  be  incurred  by  said  district  for  fuel,  furniture,  school 
apparatus,  repairs  and  insurance  of  school  houses,  contingent  expenses,  and 
teacher's  wages,  exclusive  of  the  public  money  and  the  money  required  by 
the  law  to  be  raised  by  the  county  and  towns,  and  the  income  of  the  local 
funds  and  shall  cause  printed  or  written  notices  to  be  posted  for  two  weeks 
previous  to  said  meeting  upon  the  schoolhouse  door,  and  in  three  or  more 
of  the  public  places  in  said  district.  The  trustees  shall  present  such  estimate 
to  such  meeting  and  the  voters  present  who  are  of  full  age,  residing  in  such 
school  district,  and  entitled  to  hold  land  in  this  State,  who  own  or  lease 
property  in  such  district,  subject  to  taxation  for  school  purposes,  or  who 
shall  have  paid  any  district  tax  within  two  years  preceding,  or  who  owns 
any  cersonal  procerty  liable  to  be  taxed  for  school  purposes  in  such  dis- 


FREE   SCHOOLS  189 

trict,  exceeding  fifty  dollars  in  value,  exclusive  of  such  as  is  exempt  from 
executions  and  no  others,  shall  vote  thereon  for  each  item  separately,  and 
so  much  of  said  estimate  as  shall  be  approved  by  a  majority  of  the  voters 
present,  shall  be  levied  and  raised  by  tax  on  such  district  in  the  same  man- 
ner as  other  district  taxes  are  now  by  law  levied  and  collected.  District  col- 
lectors shall  in  all  cases,  before  entering  upon  the  duties  of  their  respective 
oftices,  give  security  to  the  satisfaction  of  the  trustees,  far  the  faithful  dis- 
charge of  their  duties;  and  all  moneys  collected  by  them  shall  be  paid  to  the 
trustees  of  their  respective  districts. 

4  It  shall  be  the  duty  of  the  collector,  upon  receiving  his  warrant,  for 
two  successive  weeks,  to  receive  such  taxes  as  may  be  volimtary  paid  him; 
and  in  case  the  whole  amount  shall  not  be  so  paid  in,  the  coillector  shall 
forthwith  proceed  to  collect  the  same.  He  shall  receive  for  his  services,  on 
all  sums  paid  as  aforesaid,  one  per  cent,  and  upon  all  sums  collected  by  him 
after  the  expiration  of  the  time  mentioned  five  per  cent;  and  in  case  a  levy 
and  sale  shall  be  necessarily  made  by  such  collector,  he  shall  be  entitled 
to  traveling  fees  at  the  rate  of  six  cents  per  mile,  to  be  computed  from  the 
school  house  in  such  district. 

5  If  the  trustees  shall  neglect  to  prepare  the  said  estimate  within  the 
time  herein  limited,  or  shall  neglect  to  post  the  required  notice,  it  shall  be 
lawful  for  the  meeting  to  adjourn  to  such  other  time  as  will  be  sufficient 
to  prepare  the  said  estimate  and  give  the  said  notice. 

6  When  the  said  voters  of  any  district  at  their  annual  meeting  shall  refuse 
or  neglect  to  raise  by  tax  a  sum  of  money  which  added  to  the  public  money, 
and  the  money  raised  by  county  and  towns  will  support  a  school  in  said  dis- 
trict for  at  least  four  months  in  a  year,  keep  the  school  house  in  proper 
repair  and  furnish  the  necessary  fuel,  then  it  shall  be  the  duty  of  said  trus- 
tees to  repair  the  school  house,  furnish  the  necessary  fuel,  and  employ  a 
teacher  for  four  months,  and  the  expense  shall  be  levied  and  collected  in 
the  manner  provided  in  the  third  section  of  this  act. 

7  Free  and  gratuitous  education  shall  be  given  to  each  pupil,  in  each  of 
the  common,  public,  ward  and  district  schools  in  the  respective  cities  of  this 
State,  now  incorporated  or  hereafter  to  be  incorporated,  including  the  schools 
of  the  public  school  society  in  the  city  of  New  York  according  to  any  law 
now  in  force  in  said  cities.  And  by  each  city,  where  such  free  and  gratuitous 
eduation  is  not  already  established,  laws  and  ordinances  may  and  shall  with- 
out delay  be  passed  providing  for,  and  for  securing  and  sustaining  the  sys- 
tem in  each  of  their  common  public,  ward  and  district  schools. 

8  All  laws  and  parts  of  laws  inconsistent  with  the  provisions  of  this  act, 
other  than  those  relating  to  free  schools  in  any  cities  in  this  state  are  hereby 
repealed. 

9  In  case  any  trustee  or  other  school  district  officer  shall  use  any  money 
in  his  hands  belonging  to  such  district,  and  shall  not  apply  the  same  as 
directed  by  law,  he  shall  be  deemed  guilty  of  a  misdemeanor  and  on  convic- 
tion thereof  shall  be  punished  by  fine,  not  exceeding  five  hundred  dollars,  or 
be  imprisoned  in  a  county  jail  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment. 

10  The  electors  shall  determine  by  ballot  at  the  annual  election  to  be 
held  in  November  next,  whether  this  act  shall  or  shall  not  become  a  law. 

11  It  shall  be  the  duty  of  the  State  Superintendent  of  common  schools 


190  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

to  prepare  and  furnish  to  the  several  town  clerks  in  this  state,  forms  of  the 
poll  lists,  returns  and  other  necessary  proceedings  to  carry  into  effect  this 
act,  and  he  shall  also  furnish,  at  the  expense  of  the  State,  to  each  school  dis« 
trict  in  the  state  five  copies  of  this  act  and  the  forms  prepared  by  him. 

12  The  ballots  to  be  deposited  in  the  ballot  box  shall  be  in  the  following 
form.  Those  cast  in  favor  of  the  adoption  of  this  act  shall  contain  the  fol- 
lowing words : 

SCHOOL 
FOR  THE   NKVV  SCHOOL  LAW 

Those  cast  against  this  act  shall  contain  the  following  words : 

SCHOOL 
AGAINST  THE  NEW  SCHOOL  LAW 

And  the  ballots  shall  be  folded  so  as  to  conceal  all  the  words  except  the 
word  School,  which  latter  word  shall  not  be  concealed,  but  shall  appear  on 
the  ballot  as  folded. 

13  The  inspectors  of  election  in  the  several  election  districts  shall  fur- 
nish a  separate  ballot  box  into  which  shall  be  placed  all  the  ballots  given 
for  or  against  the  new  school  law.  The  inspectors  shall  canvass  the  ballots 
and  make  return  thereof  in  the  same  manner  as  the  votes  given  for  the  ofiice 
of  the  governor  and  lieutenant  governor  are  by  law  canvassed  and  re- 
turned. 

14  In  case  a  majority  of  all  the  votes  in  the  State  shall  be  cast  against 
the  new  school  law,  this  act  shall  be  null  and  void;  and  in  case  all  the  votes 
in  the  state  shall  be  cast  for  the  new  school  law,  then  this  act  shall  become 
a  law,  and  shall  take  effect  on  the  first  day  of  January  eighteen  hundred  and 
fifty. 

References  to  Free  School  Laiv  Taken  from  the  Journal  of  the 

Senate 
Seventy-second  Session 

In  pursuance  of  the  previous  notice, 

Mr  Hawley  asked  for  and  obtained  leave  to  introduce  a  bill  entitled,  "An 
act  establishing  free  schools  throughout  the  State,"  which  was  read  for  the 
first  time,  and  by  unanimous  consent  was  also  read  the  second  time,  and 
referred  to  the  committee  on  literature. 

January  5,  1849,  p.  34 

Mr  Bond,  from  the  committee  on  literature,  to  which  was  referred  the  bill 
introduced  on  notice  by  Mr  Hawley,  entitled  "An  act  establishing  free  schools 
throughout  the  State,"  reported  in  favor  of  the  passage  of  the  same,  which 
was  committed  to  the  committee  of  the  whole. 

January  9,  1849,  p.  45 

The  Senate  then  resolved  itself  into  a  committee  of  the  whole  on  the  bill 
entitled,  "An  act  establishing  free  schools  throughout  the  State,"  and  after 
some  time  spent  thereon,  Mr  Fuller,  from  said  committee,  reported  progress, 
and  asked  leave  to  sit  again. 

The  President  put  the  question  upon  granting  such  leave,  and  it  was  de- 
sided  in  the  affirmative. 


FREE   SCHOOLS  IQI 

January  12,  1849,  p.  55 

The  Senate  then  resolved  itself  into  a  committee  of  the  whole  on  the  bill 
entitled,  "An  act  to  establish  free  schools  throughout  the  State,"  and  after 
some  time  spent  thereon,  Mr  Fuller,  from  said  committee,  reported  progress, 
and  asked  for  and  obtained  leave  to  sit  again. 

January  20,  1849,  p.  94 

On  motion  of  Mr  Hawley, 

A  substitute  for  said  bill,  being  an  act  entitled,  "An  act  establishing  free 
schools  throughout  the  Stale,"  was  ordered  printed  and  referred  to  said 
committee. 

January  20,  1849,  p.  95 

The  Senate  then  resolved  itself  into  a  committee  of  the  whole  on  the  bill 
entitled,  "An  act  estabHshing  free  schools  throughout  the  State,"  and  after 
s?Jme  time  spent  thereon,  Mr  Lawrence,  from  said  committee,  reported  prog- 
ress, and  asked  for  and  obtained  leave  to  sit  again, 

January  26,  1849,  p.  122 

The  Senate  then  resolved  itself  into  a  committee  of  the  whole  on  the  bill 
entitled,  "An  act  establishing  free  schools  throughout  the  State,"  and  after 
some  time  spent  thereon,  Mr  S.  H.  P.  Hall,  from  said  committee,  reported 
progress,  and  asked  for  and  obtained  leave  to  sit  again. 

January  27,  1849,  p.  127 
The  Senate  then  resolved  itself  into  a  committee  of  the  whole  on  the  bill 
entitled,  "An  act  to  establish  free  schools  throughout  the  State,"  and  after 
some  time  spent  thereon,  Mr  Fuller,  from  said  committee,  reported  progress, 
and  asked  for  and  obtained  leave  to  sit  again. 

January  29,  1849,  p.  130 
The  Senate  then  resolved  itself  into  a  committee  of  the  whole  on  the  bill 
entitled,  "An  act  to  establish  free  schools  throughout  the  State,"  and  after 
some  time  spent  thereon,  Mr  Fuller,  from  said  committee,  reported  in  favor 
of  the  passage  of  the  same. 

On  motion  of  Mr  Cornwell,  said  bill  was  referred  to  a  select  committee 
consisting  of  Messrs  Cornwell,  Hawley  and  Lawrence,  to  consider  and  report 
complete. 

February  i,  1849,  p.  149 
Mr  Lawrence  for  the  select  committee,  reported  complete  the  bill  entitled, 
"An  act  to  establish  free  schools  throughout  the  State." 

Ordered,  That  the  question  on  agreeing  with  the  report  of  the  committee 
be  laid  on  the  table. 

February  6,  1849,  p.  165 

The  Senate  then  resolved  itself  into  a  committee  of  the  whole  on  the 
bill  entitled,  "An  act  establishing  free  education  throughout  the  State,"  and 
after  some  time  spent  thereon,  Mr  Bokee,  from  said  committee,  reported 
progress  and  asked  for  and  obtained  leave  to  sit  again. 

February  12,  1849,  p.  200 

The  Senate  then  resolved  itself  into  a  committee  of  the  whole  on  the 
bill  entitled,  "An  act  establishing  free  education  throughout  the  State,"  and 
after  some  time  spent  thereon,  Mr  Bokee,  from  said  committee,  reported 
progress  and  asked  for  and  obtained  leave  to  sit  again. 


192 


THE   UNIVERSITY    OF   THE    STATE    OF    NEW   YORK 


February  13,  1849,  p.  204 

Similar  report  was  made  by  Mr  Bokee  on  February  14,  1849.  Same 
disposition. 

February  16,  1849 

The  Senate  then  resolved  itself  into  the  committee  of  the  whole  on  the 
bill  entitled,  "An  act  establishing  free  education  throughout  the  State,"  and 
after  some  time  spent  thereon,  Mr  Bokee,  from  said  committee,  rq>orted 
in  favor  of  the  passage  of  the  same  without  amendment. 

The  question  then  being  on  agreeing  to  the  report  of  the  committee  of  the 
whole. 

Mr.  Johnson  moved  to  amend  the  report  by  striking  out  of  the  second 
section  all  after  the  word  "  present "  in  the  fourteenth  line,  and  insert 
"  shall  be  reported  by  the  trustees  to  the  town  superintendent,  and  he  shall 
lay  such  estimates  before  the  board  of  supervisors  of  the  county  at  their 
next  annual  meeting,  and  they  shall  consider  the  estimates  from  all  the 
school  districts  of  the  county  which  shall  be  thus  laid  before  them,  and 
add  to  the  sums  of  money,  to  be  raised  on  each  of  the  towns  of  the  county, 
for  defraying  the  necessary  expenses  thereof,  such  sums  as  they  shall  deter- 
mine as  necessary  to  raise  on  each  town  to  effect  the  objects  of  this  law, 
and  the  same  shall  be  levied,  collected  and  paid  over  as  is  directed  by  title 
second,  chapter  fifteen,  of  the  first  part  of  the  Revised  Statutes,  and  the 
acts  amendatory  thereof." 

The  President  put  the  question  upon  agreeing  to  said  motion,  and  it  was 
decided  in  the  negative,  as  follows : 

For  the  affirmative 

Mr  Adams  Mr  Frost 

Mr  Bond  Mr  Johnson 

Mr  Clark 


Mr  Lawrence 

For  the  negative 

Mr  Fine 
Mr  Floyd 
Mr  Fox 
Mr  Fuller 
Mr  Geddes 


Mr  Martin 
Mr  Whallon 
Mr  Wilkin 


Mr  Brownson  Mr  Fine  Mr  S.  H.   P.   Hall 

Mr  Burch  Mr  Floyd  Mr  Hawley 

Mr  Coffin  Mr  Fox  Mr  Smith 

Mr  Cole  Mr  Fuller  Mr  Williams 
Mr  Colt 

Mr  Johnson  then  moved  to  amend  the  report  by  adding  at  the  end  of 
the  word  "  towns  "  in  the  7th  line  of  the  second  section  the  words,  "  But  no 
district  shall  raise  in  any  one  year  more  than  one  mill  on  the  dollar  for 
the  assessed  value  of  the  real  and  personal  property  of  the  district." 

The  President  put  the  question  upon  agreeing  to  said  motion,  and  it  was 
decided  in  the  negative,  as  follows : 

For  the  affirmative 


Mr  Adams 
Mr  Bokee 
Mr  Clark 
Mr  Floyd 


Mr  Bond 
Mr  Brownson 
Mr  Burch 
Mr  Coffin 
Mr  Cole 


Mr  Frost 
Mr  S.  H.  P.  Hall 
Mr  Johnson 
Mr  Lawrence 

For  the  negative 
Mr  Colt 
Mr  Fine 
Mr  Fox 
Mr  Fuller 


Mr  Smith 
Mr  Tamblin 
Mr  Whallon 
Mr  Wilkin 


Mr  Geddes 
Mr  Hawley 
Mr  Martin 
Mr  Williams 


FREE    SCHOOLS  I93 

Mr  Whallon  moved  to  amend  the  report  by  adding  after  the  word  "  towns  " 
in  the  7th  line  of  the  second  section  the  words,  "  but  no  town  shall  raise  a 
larger  sum  of  money  for  the  support  of  the  common  schools  in  any  one 
year  than  they  receive  from  the  State." 

The  President  put  the  question  upon  agreeing  to  said  motion,  and  it  was 
decided  in  the  negative  as  follows: 

For  the  affirmative 
Mr  Adams  Mr  Frost  Mr  Whallon 

Mr  Clark  Mr  Johnson  Mr  Wilkin 

Mr  Cole  Mr  Martin  Mr  Williams 

Mr  Fox  Mr  Smith 

For  the  negative 

Mr  Bond  Mr  Fine  Mr  S:  H.  P.  Hall 

Mr  Brow^nson  Mr  Floyd  Mr  Hawley 

Mr  Burch  Mr  Fuller  Mr  Lawrence 

Mr  Coffin  Mr  Geddes  Mr  Tamblin 

Mr  Colt 

On  motion  of  Mr  S.  H.  P.  Hall, 

Said  bill  was  recommitted  to  the  committee  of  the  whole 

February  16,  1849,  p.  222 

The  Senate  then  resolved  itself  into  a  committee  of  the  whole  on  the 
bill  entitled,  "An  act  to  establish  free  education  throughout  the  State,"  and 
after  some  time  spent  thereon,  Mr  Bokee,  from  said  committee,  reported 
progress,  and  asked  for  and  obtained  leave  to  sit  again. 

February  17,  1849,  p.  229 

The  Senate  then  resolved  itself  into  a  committee  of  the  whole  on  the 
bill  entitled,  "  An  act  to  establish  free  education  throughout  the  State,"  and 
Mr  Bokee,  from  said  committee,  reported  that  they  had  amended  said  bill 
by  striking  out  the  word  "  education  "  and  inserting  the  word  "  schools." 

February  17,  1849,  p.  230 

The  Senate  then  resolved  itself  into  the  committee  of  the  whole  on  the 
bill  entitled,  "An  act  to  establish  free  schools  throughout  the  State,"  and 
after  some  time  spent  thereon,  Mr  Bokee,  from  said  committee,  reported 
progress,  and  asked  for  and  obtained  leave  to  sit  again. 

March  2,   1849,  p.  294 
Similar  report  was  made  by  Mr  Floyd  on  March  5.    Same  disposition. 

March  5,  1849,  p.  309 

The  bill  entitled,  "An  act  establishing  free  schools  throughout  the  State," 
being  called  up  for  consideration, 

On  motion  of  Mr  Cornwell, 

Ordered,  That  said  bill  be  referred  to  a  select  committee  consisting  of 
Messrs  Cornwell,  Colt,  Hawley,  Johnson  and  Cook,  to  consider  the  report 
complete. 

13 


194  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

March  6,  1849,  p.  312 
Mr  Colt,  from  select  committee,  reported  complete,  the  bill  entitled,  "An 
act  establishing  free  schools  throughout  the  State," 
Ordered,  That  the  said  bill  do  have  its  third  reading. 

March  8,  1849,  p.  320 

The  bill  entitled,  "An  act  establishing  free  schools  throughout  the  State," 
coming  up  for  its  third  reading. 

On  motion  of  Mr  Colt,  and  by  unanimous  consent,  the  words  "  district 
libraries"  were  struck  out  of  the  sixth  line  of  the  third  section. 

Mr.  Johnson  moved  to  recommit  this  bill  to  the  select  committee  who  had 
reported  the  bill,  to  report  complete 

The  President  put  the  question  upon  agreeing  to  said  motion,  and  it  was 
decided  in  the  affirmative  as  follows: 

For  the  affirmative 
Mr  Adams  Mr  Colt  Mr  S.  H.  P.  Hall 

Mr  Betts  Mr  Cook  Mr  W  Hall 

Mr  Bond  Mr  Cornwell  Mr  Hawley 

Mr  Burch  Mr  Fox  Mr  Treadwell 

Mr  Cole  Mr  Frost 

For  the  negative 
Mr  Clark  Mr  Floyd  Mr  Martin 

Mr  Fine 

March  10.  1849,  p.  338 

Mr  Cornwell  from  the  select  committee,  reported  complete  the  bill  entitled, 
"An  act  to  establish  free  schools  throughout  the  State," 
On  motion  of  Mr  Geddes, 

Ordered,  That  said  report  and  bill  be  laid  on  the  table. 
On  motion  of  Mr  Geddes, 

Ordered,  That  said  bill  be  printed. 

March  12,  1849,  p.  346 

On  motion  of  Mr  Cornwell, 

The  Senate  then  proceeded  to  consider  the  question  on  agreeing  to  the 
report  of  the  select  committee  in  the  bill  entitled,  "An  act  authorizing  free 
schools  throughout  the  State," 

Mr  Geddes  moved  to  amend  the  report  of  the  select  committee  by  adding 
to  the  bill  the  following  sections: 

6  The  electors  shall  determine  by  ballot  at  the  annual  election  to  be  held 
in  November,  next.  Shall  or  shall  not  become  a  law. 

7  It  shall  be  the  duty  of  the  state  superintendent  of  common  schools  to 
prepare  and  furnish  to  the  severail  town  clerks  in  this  state,  forms  of  the 
poll  lists,  returns,  and  other  necessary  proceedings  to  carry  into  effect  this 
act,  and  he  shall  also  furnish,  at  the  expense  of  the  State,  to  each  school 
district  in  the  State  five  copies  of  the  act,  with  the  forms  prepared  by  him. 

8  The  ballots  to  be  deposited  in  the  ballot  box  shall  be  in  the  following 
form.  Those  cast  in  favor  of  the  adoption  of  this  act  shall  contain  the 
following  words : 

SCHOOL. 
FOR  THE   NEW    SCHOOL  LAW. 

Those  cast  against  the  adoption  of  the  act  shall  contain  the  following 
words : 


FREE   SCHOOLS 


195 


SCHOOL. 
AGAINST  THE  NEW  SCHOOL  LAW. 

And  the  ballots  shall  be  so  folded  as  to  conceal  all  the  words  except  the 
word  school,  which  latter  word  shall  not  be  concealed,  but  shall  appear  on 
the  ballot  as  folded. 

9  The  inspectors  of  elections  in  the  several  election  districts  shall  furnish 
a  separate  ballot  box  into  which  shall  be  placed  all  the  ballots  given  for  or 
against  the  new  school  law.  The  Inspectors  shall  canvass  the  ballots  and 
make  return  thereof  in  the  same  manner  as  votes  given  for  the  office  of 
governor  and  lieutenant-governor  are  by  law  canvassed  and  returned. 

10  In  case  a  majority  of  all  the  votes  in  the  State  shall  be  cast  against 
free  schools,  this  act  shall  be  null  and  void;  And  in  case  a  majority  of  the 
votes  shall  be  cast  in  favor  of  the  new  school  law,  then  this  act  shall  become 
a  law,  and  shall  take  effect  on  the  first  of  January  next. 

The  President  put  the  question  whether  the  Senate  would  agree  to  the 
amendment,  and  it  was  decided  in  the  affirmative  as  follows: 


Mr  Adams 
Mr  Betts 
Mr  Bond 
Mr  Clark 

Mr  Burch 
Mr  Bush 
Mr  Coffin 


For  the  affirmative 
Mr  Cook 
Mr  Fine 
Mr  Fox 

For  the  negative 
Mr  Colt 
Mr  Cornwell 
Mr  Hawley 


Mr  Geddes 

Mr  S.  H.  P.  Hall 

Mr  Treadwell 


Mr  Tohnson 
Mr  Wilkin 


The  report  of  the  committee  was  then  agreed  to,  and  the  bill  ordered  to 
a  third   reading. 

March  15,  1849,  p.  369 

The  bill  entitled,  "An  act  establishing  free  schools  throughout  the  State," 
was  read  the  third  time  and  passed,  a  majority  of  all  the  members  elected 
to  the  Senate  voting  in  favor  thereof,  and  three  fifths  of  all  the  members 
elected  to  the  Senate  being  present  on  the  final  passage  thereof,  as  follows : 

For  the  affirmative 
Mr  Betts  Mr  Colt  Mr  Fuller 

Mr  Bond  Mr  Cook  Mr  Geddes 

Mr  Burch  Mr  Cornwell  Mr  S.  H.  P.  Hall 

Mr  Bush  Mr  Fine  Mr  Hawley 

Mr  Clark  Mr  Floyd  Mr  Martin 

Mr  Coffin  Mr  Fox  'Mr  Treadwell 

Mr  Cole  '  Mr  Frost  Mr  Wilkin 

Ordered,  That  the  clerk  deliver  said  bill  to  the  Assembly,  and  request 
their  concurrence  therein. 

March  16,  1849,  p.  377 

A  message  was  received  from  the  Assembly,  informing  that  they  had 
passed  the  following  bills  without  amendment :  "An  act  to  establish  free 
schools  throughout  the  State." 

Ordered,  That  said  bills  be  transmitted  to  the  Governor. 


March  24,  1849,  p.  436 
The  same  message  was  received  from  the  Assembly  on  March  26.     Same 
disposition. 


196  THE    UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

Chapter  404 

An  act  to  amend  an  act  entitled  "An  act  establishing  free  schools 
throughout  the  State  "  passed  March  26,  1849 

Passed  April  11,  1849,  three-fifths  being  presem 

The  People  of  the  State  of  New-York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

1  Section  six  of  the  act  entitled  "An  act  establishing  free  schools  through- 
out the  State,"  passed  March  26,  1849,  is  hereby  amended  by  striking  out 
the  word  "  second  "  in  the  last  line  of  said  section,  and  inserting  the  word 
"  third  "  in  lieu  thereof,  and  the  said  section  shall  be  amended  accordingly 
in  the  printed  copies  of  said  act  when  published  by  the  Secretary  of  State. 

2  The  fourteenth  section  of  said  act  is  amended  by  striking  out  therefrom 
all  after  the  word  "  effect,"  and  inserting  in  lieu  thereof  the  word  "  imme- 
diately." 

3  The  trustees  of  any  school  district,  or  a  majority  of  them,  may  at  any 
time,  after  the  adoption  of  this  act  by  the  people,  and  prior  to  the  first  annual 
meeting  thereafter,  if  they  deem  it  necessary,  call  a  special  meeting  for  the 
purpose  mentioned  in  the  third  section  of  said  act,  and  notice  of  the  same 
shall  be  given  at  the  same  time  and  in  the  same  manner  as  is  required  by 
said  section  in  relation  to  the  estimates  therein  mentioned. 

4  This  act  shall  take  effect  immediately. 

Chapter  7 

An  act  to  amend  "  an  act  establishing  free  schools  throughout 
the  State,"  passed  March  26,  1849 

[Passed  January  31,  1850,  "three-fifths  being  present"] 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

Section  i  The  eighth  section  of  the  act  entitled  "An  act  establishing  free 
schools  throughout  the  State,"  is  hereby  amended,  by  inserting  after  the 
word  "  cities,"  the  words  "  or  villages,"  so  that  the  said  eighth  section  shall 
read,  "  all  laws  and  parts  of  laws  inconsistent  with  the  provisions  of  this 
act,  other  than  those  relating  to  free  schools  in  any  cities  or  villages  in  this 
State,  are  hereby  repealed." 

§  2  All  the  acts  of  the  boards  of  education,  or  trustees  of  school  dis- 
tricts, or  of  commissioners,  and  all  other  officers  of  school  districts  in  vil- 
lages, where  free  schools  were  established  prior  to  the  passage  and  approval 
of  the  act  to  amend  the  "  Act  establishing  free  schools  throughout  the  State," 
passed  March  26th,  1849,  are  hereby  declared  as  valid  and  effectual  as  if  the 
said  act  establishing  free  schools  throughout  the  State  had  not  been  passed. 

§  3    This  act  shall  take  effect  immediately. 


FREE    SCHOOLS  197 

Chapter  174,  Laws  of  1849 

An  act  making  appropriations  for  the  support  of  common  schools 

for  the  year  1849  and  1850 

Passed  March  30,  1849,  "  three-fifths  being  present " 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

Section  i  The  following  sums  are  hereby  appropriated  to  the  objects 
hereinafter  expressed  to  be  paid  out  of  the  income  of  the  several  funds 
hereinafter  designated  in  each  of  the  years  1849  and  1850. 

1  For  the  use  of  the  common  schools  One  hundred  and  twenty  thousand 
dollars  out  of  the  revenue  of  the  common  school  fund. 

2  For  the  like  purpose  One  hundred  and  ten  thousand  dollars  out  of  the 
revenue  of  the  United  States  Deposite  Fund. 

3  For  the  district  school  libraries  the  sum  of  Fifty-five  thousand  dollars 
out  of  the  income  of  the  said  Deposite  Fund ;  the  said  appropriation  shall 
be  paid  on  the  conditions  prescribed  in  the  existing  statutes  of  this  State 
relating  to  common  schools  and  according  to  the  apportionment  to  be  made 
by  the  State  Superintendent. 

Sec.  2  The  treasurer  shall  pay  on  the  warrant  of  the  Comptroller  out  of 
the  income  of  the  United  States  Deposite  or  Literature  Funds  not  otherwise 
appropriated  to  the  trustees  of  one  or  more  academies,  as  the  Regents  of 
the  University  shall  designate,  in  each  county  in  this  State,  the  sum  of  Two 
hundred  and  fifty-dollars  per  jear  for  the  years  One  thousand  eight  hundred 
and  fifty  and  One  thousand  eight  hundred  and  fifty-one,  provided  such 
academy  or  academies  shall  have  instructed  in  the  science  of  common  school 
teaching  for  at  least  four  months  during  each  of  said  years  at  least  twenty 
individuals,  but  no  such  one  county  shall  receive  a  larger  sum  than  Two 
hundred  and  fifty  dollars. 

The  vote  by  counties  on  the  adoption  of  the  free  school  plan  in 
the  elections  of  1849  ^^^  ^^  follows: 

MAJORITY  MAJORITY 

FOR  AGAINST 

COUNTY  FREE  SCHOOLS      FREE  SCHOOLS 

Albany    6  798     

Allegany    2  171     

Broome    i  030     

Cattaraugus   2  700     

Cayuga   2  373     

Chautauqua  2  098     

Chemung   i  897     

Chenango 432 

Clinton    2  108     

Columbia    4  489     

Cortland  391     •'. 

Delaware   120     

Dutchess    6  327     

Erie   7  258     


198 


THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 


C»UNTy 

Essex    

Franklin  

Fulton  and  Hamilton 

Genesee    

Greene  

Herkimer    

Jefferson    

Kings    

Lewis    

Livingston  

Madison  

Monroe 

Montgomery   

New  York   

Niagara    

Oneida    

Onondaga    

Ontario    

Orange   

Orleans 

Oswego    

Otsego    

Putnam 

Queens     

Rensselaer  

Richmond    

Rockland   

St  Lawrence  

Saratoga    

Schenectady    

Schoharie    

Seneca    

Steuben    

Suffolk   

Sullivan    

Tioga    

Ulster  

Warren 

Washington     

Wa>'ne    

Westchester    

Wyoming 

Yates    


MAJORITY  MAJORITY 

FOR  AGAINST 

FREE  SCHOOLS  FREE  SCHOOLS 

I  779  

I  378   

I  137   

I  504   

705  

1  932  

2  68s  

8  390  

755  

2  060  

1  644  

5218  

3  437  

19  739  

972  

4  595  

5  938  

2  928  

2  160  

1  470  

3  124  

ID 

934  

2  256  

6  276  

1  415  

703  

2451  

2  639  

2  000  

77     

I  913  

3  393  •• 

I  541  

1  922  

718 

4  506  

I  029  

I  811  

I  658  

3  572  

I  348  

I  651  


158  181 


I  240 


FREE   SCHOOLS  199 

EDITORIAL   COMMENT   ON   THE   FREE   SCHOOL  ACT 

OF  1849 

Some  of  the  newspaper  articles  published  during  the  session  of 
the  Legislature  and  immediately  after  the  passage  of  the  free  school 
act  on  March  26,  1849,  were  as  follows : 

Free  Schools 
In  the  senate  of  this  state,  on  the  9th  inst.,  Mr  Bond  reported  favorably 
on  the  bill  to  establish  free  schools  throughout  this  state.  A  proper  bill  to 
this  effect,  should  pass  the  legislature  without  opposition.  No  public  measure 
is  of  more  public  importance,  or  would  promise  more  beneficial  results. — 
Schenectady  Reflector,  January  12,  j84g 

Free  Schools 

The  free  school  bill  passed  to  its  third  reading  in  the  Senate  on  the 
15th  inst.,  and  bids  fair  to  become  a  law.  We  hardly  think  so  popular  a 
measure  will  get  swamped  in  the  popular  branch  of  the  Legislature. — 
Schenectady  Reflector,  March  23,  1849 

The  Free  School  System  is  Urged 

The  free  school  system  is  urged  upon  the  adoption  of  the  State,  by  strong 
and  weighty  arguments.  The  experience  of  cities  of  the  State,  containing 
a  population  of  over  600,000  shows  the  benefits  of  a  system  of  free  education. 
—  Vtica  Daily  Gazette,  January  13,  1849 

Free  Schools 
A  bill  is  before  the  Legislature  to  establish  free  schools  throughout  the 
State  —  the  expenses  to  be  assessed  upon  the  taxable  property  in  each  district. 
The  sense  of  the  people  is  to  be  taken  before  the  act  goes  into  operation  — 
At  the  general  election  in  November  next,  they  are  to  vote  upon  the  ques- 
tion, and  if  a  majority  of  votes  shall  be  cast  for  free  schools,  the  new 
law  will  go  into  operation  on  the  first  day  of  September,  1850. — Rochester 
Daily  Democrat,  January  29,  1849 

Free  Schools 

The  first  great  care  of  our  government,  then,  should  be  the  education  of 
the  whole  people.  The  simple  but  well-established  fact  that  the  number  of 
voters  in  this  country  who  are  unable  to  read  and  write  far  exceeds  the 
largest  majority  which  has  ever  been  claimed  in  the  canvass  for  a  President 
of  the  United  States,  is  alone  sufficient  to  startle  the  mind  with  apprehensions. 
That  all  our  most  important  elections  should  be  determined  by  the  votes 
of  persons  who  are  utterly  destitute  of  that  degree  of  enlightenment  which 
would  enable  them  to  execute  their  trust  with  fidelity  to  the  best  interest  of 
their  country,  is  indeed  a  fearful  reflection,  and  one  which  calls  loudly  for 
the  corrective  influences  of  judicious  legislation.  Let  the  facilities  of  educa- 
tion, then  be  still  farther  increased.  Let  the  plea  of  poverty  no  longer  remain 
an  excuse  for  ignorance,  but  let  the  door  of  the  common  school  be  thrown 


200  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

open  free  to  all  who  will  enter,  and  ignorance  and  vice  will  recede  before 
the  benign  presence  of  knowledge  and  virtue,  and  our  happy  country  will  be 
secure  in  the  intelligence  of  its  people. 

That  the  project  of  Free  Schools  will  meet  with  opposition,  is  as  certain 
as  that  men  can  be  narrow-minded  and  selfish.  That  the  interests  of  some, 
as  it  regards  the  immediate  question  of  dollars  and  cents,  will  be  found 
to  clash  with  the  principles  upon  which  these  schools  must  be  conducted,  is 
easily  foreseen,  but  when  a  great  national  good  is  to  be  accomplished,  the 
sordid  calculations  of  the  few  should  not  be  permitted  to  outweigh  the 
urgent  claims  of  the  many.  It  is  the  misfortune  of  the  poorer  class  to  be 
abundantly  blessed  with  children,  while  many  of  the  wealthier  class  have 
comparatively  few,  and  hence  it  will  be  argued  that  the  tax  for  the  support 
of  Free  Schools  falls  heaviest  upon  those  who  share  the  least  in  the  benefits 
they  dispense.  Well,  is  not  ignorance  the  "parent  of  vice?" — and  is  it  not 
a  wise  economy  to  contribute  of  your  substance  for  such  a  purpose,  and  to 
seek  for  protection  in  the  intelligence  and  virtue  of  community,  rather  than 
to  aid  in  supporting  police  officers,  magistrates  and  prisons?  How  many 
thousand  are  at  this  moment,  perhaps,  expiating  their  offences  against  the 
lives  and  property  of  their  fellows,  who  owe  the  first  impulse  of  crime  to 
ignorance,  and  who  have  persisted  !in  vice  until  the  penalty  of  the  law  has 
overtaken  them  —  all  for  the  want  of  early  educational  influences,  which,  per- 
haps, stern  poverty  denied  them.  Let,  then,  a  single  barrier  no  longer  inter- 
pose between  the  humblest  of  our  citizens  and  the  Common  Schools.  Let 
the  wholesome  lessons,  duties  and  habits  of  thought  inculcated  in  these 
noble  institutions,  be  as  free  to  all  as  the  air  they  breathe;  and  while  we 
cannot  doubt  that  the  result  will  be  satisfactory  even  in  a  pecuniary  point  of 
view,  the  influence  upon  the  moral  health  of  community  will  be  far  beyond 
the  paltry  estimate  of  dollars  and  cents. —  Montgomery  Phoenix  and  Fort 
Plain  Advertiser,  February  i,  1849 

Common  Schools 
We  acknowledged,  a  few  days  since,  the  receipt  of  Mr  Morgan's  report  on 
the  condition,  prospects,  etc.,  of  our  common  schools.  It  is  a  subject  which 
should  interest  every  adult  person  in  the  State.  When  we  look  back  and 
see  what  our  forefathers  were  obliged  to  contend  with  —  ignorance  in  its 
worst  form  —  and  compare  their  state  with  the  present,  when  not  a  single 
man,  woman,  or  child  need  be  ignorant,  we  have  cause  for  deep  and  heart- 
felt gratitude.  Learning  is  now  diffused  through  nearly  every  vein  and 
channel  of  our  land ;  and  when  the  Legislature  gives  us  free  schools  indeed, 
there  will  be  no  excuse  for  the  neglect  of  the  great  advantages  of  education. 
Mr  Morgan's  report  is  very  able,  and  his  suggestions  are  not  only  worthy 
consideration,  but  immediate  adoption.  The  matter  of  supervising  the 
schools  is  admirably  brought  out,  and  we  hope  will  have  a  proper  effect  upon 
all  who  desire  an  exact  system  and  a  faithful  performance  of  duties.  The 
District  School  Journal,  in  the  hands  of  its  able  editor,  has  done,  and  is  con- 
tinuing to  do,  a  good  work.  With  such  help  the  system  must  be  improved 
and  advanced  in  a  ratio  with  the  intelligence  and  growing  necessities  of  the 
people.  We  commend  the  report  to  the  careful  perusal  of  our  numerous 
readers. —  Syracuse  Daily  Star,  February  g,  1849 


FREE    SCHOOLS  20I 

Free  Schools 

The  Senate  bill  providing  for  free  schools  throughout  the  State  passed  the 
Assembly  on  Friday,  precisely  in  the  shape  in  which  it  passed  the  Senate. 
The  bill  has  no  doubt  received  the  Executive  sanction  —  but  does  not  become 
operative  until  sanctioned  by  a  majority  of  the  popular  vote  at  the  ensuing 
general  election. 

That  it  will  receive  such  sanction  is  scarcely  to  be  doubted,  if  we  may 
judge  from  the  numerous  petitions  which  have  been  presented  at  this  and 
former  sessions  of  the  legislature.  Whatever  may  be  said  of  the  details  of 
the  bill,  the  principle  appears  to  be  in  accordance  with  the  general  sentiment. 
Nor  is  it  to  be  imagined  that  a  difference  of  opinion  on  minor  points  will 
prove  an  embarrassment  to  such  as  desire  to  see  the  primary  schools  open  to 
all,  free  of  charge. 

We  shall  publish  an  official  copy  of  the  bill  tomorrow  —  that  our  readers 
will  be  able  to  judge  for  themselves  of  the  principle  and  details  of  this  im- 
portant measure. — Albany  Argus,  March  26,  1849 

The  Free  School  Law 

We  present  to  our  readers  today  the  "  Free  School  Law  "  of  our  State. 
The  Evening  Journal  in  speaking  of  the  passage  of  this  Law  says: 

"  The  Act  establishing  Free  Schools  throughout  the  State,  was  passed 
through  its  third  reading  in  the  House,  precisely  as  it  came  down  from  the 
Senate.  It,  therefore,  now  requires  nothing  but  the  signature  of  the  Gov- 
ernor to  become  a  law.  Before,  however,  it  can  go  into  operation,  it  must 
receive  the  assent  of  the  People,  at  the  next  general  election.  There  is  little 
doubt  but  that  it  will  receive  such  assent;  for  it  is  not  only  in  accordance 
with  the  sentiment  of  the  great  mass  of  the  people,  but  it  is  as  eminently 
just  in  principle,  as  it  will  be  salutary  in  its  results.  There  may  be  differences 
of  opinion  in  regard  to  some  of  its  details.  But  after  the  general  principle 
shall  have  received  the  popular  sanction,  whatever  defects  are  discovered  in 
the  details  may  be  easily  rectified. 

We  hazard  nothing  in  predicting  that  through  all  time  this  law  will  be 
referred  to  as  a  noble  monument  of  wisdom  and  munificence.  The  proposi- 
tion of  the  first  section  of  the  act,  that  these  schools  should  be  "  free  to 
all,"  is  sound  and  incontrovertible.  That  it  has  received  the  almost  unani- 
mous sanction  of  both  Houses  of  the  Legislature,  is  both  commendable  and 
gratifying.  Its  endorsement  was  due  as  well  to  the  character  of  the  State 
as  to  the  spirit  of  the  age.  Our  Common  Schools  should  be  what  this  law 
will  make  them,  free  as  air.  Their  doors  should  be  thrown  wide  open.  The 
State  can  impart  no  richer  legacy  to  her  children,  than  a  substantial  common 
school  education.  It  is  the  surest  preventive  of  crime,  and  the  best  guarantee 
of  good  citizenship. —  Onondaga  Standard,  March  28,  1849 

Free  Schools 
The  bill  providing  for  free  schools  throughout  the  state,  was  passed  in  the 
House  of  Assembly,  on  Friday  last,  in  precisely  the  shape  in  which  it  was 


202  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

transmitted  by  the  Senate.  Thus  has  this  much  desired  measure  become  a 
law.  The  main  features  of  the  bill  are  as  follows :  It  authorizes  the  levying 
of  a  county  tax  which  shall  be  equal  in  amount  to  the  sum  apportioned  by 
the  state,  and  this  is  to  be  divided  among  the  towns  in  the  same  manner  as 
the  school  moneys  from  the  state  are  divided.  In  addition  to  this,  there  shall 
be  levied  an  amount,  equal  to  the  apportionment  by  the  state,  in  each  of  the 
towns  in  the  county,  which  is  to  be  levied  and  collected  the  same  as  town 
taxes  are  raised.  This  county  tax  and  the  taxes  levied  in  the  towns,  it  will 
be  seen,  adds  to  the  state  bounty,  a  sum  double  its  amount.  An  estimate  is 
to  be  made  in  each  school  district  of  the  amount  necessary  for  school  ex- 
penses in  the  district,  such  as  for  school  apparatus,  library,  teacher's  wages, 
furniture,  fuel,  etc.,  which  estimate  is  to  be  exclusive  of  the  public  money, 
and  the  money  to  be  raised  by  the  county  and  town,  due  public  notice  of 
which  shall  be  given,  with  a  notice  for  a  public  meeting  in  the  district;  and 
such  estimate,  or  so  much  thereof  as  shall  be  approved,  shall  be  levied  on 
the  property  in  the  district  liable  to  be  taxed.  Should  the  voters  of  the 
district,  neglect  or  refuse  to  raise  such  additional  sum  as  would  support  the 
school  for  six  months,  the  duty  is  devolved  on  the  trustees  of  procuring  a 
school  to  be  kept  for  the  period  of  four  months,  and  raising  the  amount  nec- 
essary to  pay  therefor,  by  tax.  The  schools  are  to  be  free  to  all  over  five, 
and  under  twenty-one  years  of  age. 

The  act  is  not  to  go  into  effect  until  after  its  submission  to  the  people  of 
the  state,  at  the  ballot-boxes,  in  November  next,  when,  if  the  result  be  favor- 
able, it  will  go  into  operation. —  Schenectady  Reflector,  March  30,  1849 

Free  School  Law 

An  act  establishing  free  schools  throughout  the  State  has  passed  the  Legis- 
lature, which  is  to  be  submitted  to  the  people  at  the  next  election  for  their 
approval.  There  can  be  no  doubt  that  it  will  receive  such  approval.  Public 
sentiment,  if  we  have  judged  of  it  correctly,  is  ripe  for  a  measure  so  just  in 
principle  and  salutary  in  its  results. 

The  details  of  the  act  can  be  improved,  as  experience  points  out  its  defects ; 
and  therefore  we  hope  that  a  diversity  of  opinion  in  regard  to  its  provisions 
will  not  prevent  an  almost  unanimous  assent  to  the  great  principles  involved 
in  the  question  of  free  education. 

In  our  next  number,  we  will  give  the  law,  together  with  the  several  acts 
relating  to  our  school  system  passed  by  the  Legislature  of  1849  —  a  body  dis- 
tinguished for  its  enlightened  views  on  the  subject  of  education  and  its  liber- 
ality and  efficiency  in  its  action  upon  this  important  subject. —  District  School 
Journal,  April  i,  1849 

Free  Schools 

We  are  enabled  to  publish  this  week  the  act  of  the  Legislature,  establish- 
ing free  schools  throughout  the  State.  The  question  is  to  be  referred  to  the 
people  at  the  next  annual  election,  and  we  cannot  doubt  that  the  cause  of 
popular  education  will  be  sustained  by  their  votes.  New  York  is  second  to 
no  CHther  State  in  the  Union  in  her  efforts  in  behalf  of  public  instruction,  and 
by  this  noble  act  of  opening  the  school  houses  to  the  youth  of  the  State,  she 
will  build  up  a  more  lasting  and  beneficial  monument  than  her  boasted  works 
of  public  improvement. —  Kingston  Ulster  Republican,  April  4,  i8dO 


FREE  SCHOOLS  203 

Memorial  of  the  Onondaga  County  Teachers  Institute  to  the  Legislature, 
in  Relation  to  Free  Schools 

To  the  Honorable  the  Legislature 

of  the  State  of  New  York 

The  undersigned  having  been  appointed  by  the  Onondaga  County  Teachers 
Institute,  a  committee  to  memorialize  your  honorable  body  for  the  establish- 
ment of  a  system  of  free  schools  throughout  this  State,  respectfully  invite 
attention  to  the  following: 

1  The  duty  of  society  to  educate  its  younger  members. 

During  the  period  when  the  young  are  most  susceptible  of  impressions  for 
good  or  evil  —  when  the  habits  of  their  physical,  intellectual  and  moral 
natures  are  forming  for  all  future  existence  —  they  are  wholly  dependent 
upon  the  guidance  of  others.  When  they  commence  their  earthly  existence, 
they  become  members  of  community.  They  cannot  be  excluded  from  it. 
Facts  warrant  us  in  saying  that  if  their  early  guidance  is  wrong,  no  earthly 
power  can  prevent  them  from  being  perpetual  burdens  to  the  body  politic. 
But  if  they  are  properly  guided  during  their  most  susceptible  years,  if  right 
habits  have  been  formed  in  them  by  their  guardians,  they  then  become  valu- 
able members  of  society. 

The  Creator  has  so  ordered,  that  no  member  of  society  can  suffer,  without 
all  participating:  hence  as  a  mere  matter  of  self  preservation,  and  of  in- 
creased individual  happiness,  society  is  securing  her  own  elevation  by  using 
the  means  within  her  reach  to  elevate  the  younger  members.  The  older 
members  are  the  natural  guardians  of  the  younger.  They  cannot  escape  from 
this  duty.  If  we  dislike  our  companions  or  our  neighbors,  we  can  form  new 
associations,  or  remove  to  another  locality;  but  when  society  receives  an  indi- 
vidual, she  must  do  it  even  without  her  consent,  and  viper  though  he  be,  she 
must  carry  him  in  her  bosom.  The  criminal  statistics  of  the  age  furnish 
proof  that  ignorance  and  vice  are  the  great  disturbers  of  the  public  peace, 
and  that  they  furnish  the  convicts  of  our  prisons.  How  important  then  is 
it,  that  the  young  be  trained  to  intelligence  and  virtue,  if  for  no  other  reason, 
that  the  security  of  society  shall  be  within  herself  more  formidable  than 
bolts  and  bars,  or  penal  laws  —  the  cheerful  and  intelligent  co-operation  of 
all,  for  the  good  of  all. 

The  interests  of  society  are  best  promoted  by  a  thorough  system  of  edu- 
cation. Those  who  are  now  responsible  members  are  passing  away,  and 
others  rising  to  fill  their  places  and  perform  their  duties.  If  they  are  better 
qualified  to  perform  them  as  citizens  and  men  than  their  predecessors,  the 
commonwealth  is  the  gainer;  but  if  an  inferior  race  follows,  society  is 
deteriorated,  and  it  needs  no  spirit  of  prophecy  to  predict,  that  at  no  distant 
period  our  fair  temple  of  Liberty  will  crumble  to  ruins. 

2  The  undersigned  believe  it  to  be  a  sound  principle  of  political  economy, 
that  the  value  of  property  is  increased  in  proportion  to  the  security  of  the 
tenure  by  which  it  is  held,  and  the  facilities  for  its  increase. 

Let  us  then  consider. 

First,  The  security  of  property.  In  a  civilized  state  men  place  the  most 
value  upon  real  estate,  but  among  a  barbarous  or  half  civilized  people  the 
greatest  value  rs  set  upon  the  necessaries  of  immediate  existence,  or  imme- 


204  THE    UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

diate  enjoyment.  The  Arab,  the  Mexican  rancho,  or  even  the  wild  American 
Indian,  can  conceive  of  but  little  value  in  the  soil :  his  arms,  his  horse,  and 
his  ornaments,  are  to  him  most  valuable,  because  they  are  most  useful  and 
best  gratify  his  vanity.  No  man  in  his  senses  would  buy  real  estate,  with  the 
liabihty  at  any  moment  of  being  deprived  of  it.  And  other  things  being 
equal,  property  will  be  very  much  influenced  in  its  value  by  this  feeling  of 
security.  In  communities  composed  of  the  honest  and  the  dishonest,  the 
good  and  the  bad,  the  value  of  property  will  depend  much  upon  the  relative 
proportion  of  the  two  classes.  We  may  have  the  best  of  laws,  but  unless  the 
moral  sense  of  community  is  at  least  equally  elevated,  they  will  remain  a 
dead  letter  upon  the  statute  book,  or  at  most  but  partially  executed. 

Second,  The  facilities  for  the  increase  of  property.  It  seems  to  your 
memorialists  evident,  that  in  a  country  where  there  is  but  little  security  in 
the  possession  of  property,  and  but  few  facilities  for  its  increase,  its  value 
must  be  depressed.  If  we  look  for  an  example,  Ireland,  bleeding,  famishing 
Ireland  presents  a  mournful  one.  A  writer  in  the  Westminster  Review  thus 
speaks  of  her  condition:  "  She  is  involved  in  a  vicious  circle  of  evils,  which 
every  day  binds  itself  more  tightly  around  her.  The  wretchedness  of  her 
people,  caused  by  want  of  employment,  makes  them  desperate,  criminal  and 
rebellious.  And  their  despair,  crime  and  rebellious  spirit,  scare  away  capital, 
deter  the  exertions  of  private  enterprise,  and  thus  perpetuate  their  non-em- 
ployment and  consequent  misery."  If  the  above  extract  be  true,  it  seems  to 
us  to  follow,  that  the  insecurity  of  the  times,  and  the  liability  of  being  de- 
prived of  capital,  keeps  every  kind  of  property  depressed.  In  France,  too, 
men  were  deterred  from  private  enterprise,  on  account  of  the  instability  of 
the  times,  thus  forcing  the  provisional  government  to  open  the  national 
workshops  to  keep  the  laboring  multitudes  from  starvation.  Facts  war- 
rant the  statement,  that,  in  those  countries  where  the  most  general  edu- 
cation prevails,  there  will  be  found  most  stability  and  security,  and  there  the 
greatest  facilities  for  the  sure  increase  of  property  will  be  found;  and  there 
its  value,  other  things  being  equal,  will  be  most  enhanced. 

If  the  security  of  property  is  greatest,  and  also  the  facilities  for  its  in. 
crease,  in  an  educated  community,  it  is  manifestly  the  true  interest  of  prop- 
erty holders  to  scatter  broadcast  over  the  land  the  seeds  of  knowledge.  It 
will  not  be  necessary  for  us  to  say,  that  indisputably  the  common  school  pre- 
sents the  most  feasible  means  of  accomplishing  this  object.  Probably  all  the 
school  education  of  at  least  five  sixths  of  the  rising  generation  will  be 
acquired  at  these  institutions.  They  should  therefore  be  open  to  all,  without 
distinction.  They  should  be  the  common  property  of  society,  in  which  all 
the  members  should  have  an  equal  interest.  But  under  their  present  man- 
agement in  this  State  (except  a  few  cities  and  villages)  the  poor  man  must 
go  and  confess  his  poverty,  and  crave  the  privilege  of  sending  his  children  to 
the  common  school,  as  the  beggar  craves  a  morsel  of  food.  Is  it  strange 
that  his  dignity  revolts  at  this? 

All  the  operations  of  society  are  carried  on,  more  or  less,  by  means  of 
money.  The  army,  and  all  the  operations  of  government,  even  to  the  mend- 
ing of  the  highways,  are  supported  by  money  drawn  from  the  resources  of 
the  country,  and  not  upon  individuals  as  individuals.  Prisons  are  built,  and 
all  the  expenses  of  detecting,  arresting,  confining,  trying  and  punishing  crimi- 


FREE   SCHOOLS  205 

nals,  are  borne  by  the  members  of  community  in  proportion  to  each  one's 
pecuniary  means.  Our  poor-houses  are  on  the  same  footing,  and  are  filled 
by  imbeciles  simply  from  ignorance.  Why  not,  in  justice  to  the  young,  sup- 
port by  the  same  equal  and  equitable  tax  the  common  school,  which  will  pre- 
vent, in  most  instances,  a  life  of  crime,  or  a  resort  in  after  life  to  the  poor- 
house?  It  is  notorious,  that  the  great  body  of  the  criminals  in  our  prisons, 
and  the  paupers  in  our  poor-houses,  are  of  the  lowest  and  most  ignorant 
class.  Shall  that  class  go  on  widening  and  deepening  by  increase  of  itself, 
and  by  accessions  from  foreign  lands?  If  so,  the  ship  of  State  can  hardly 
fail  to  flounder  on  the  shoals  of  ignorance,  or  be  dashed  in  pieces  against  the 
rocks  of  anarchy,  unless  prevented  by  more  than  human  foresight. 

3  Your  memorialists  have  compiled  the  following  statistics,  showing  the 
actual  expense  necessary  to  carry  a  system  of  free  schools  into  successful 
operation  throughout  this  State.  And  first,  they  would  remark,  that  nearly 
one-fourth  of  the  children  in  the  State  are  now  substantially  enjoying  all  the 
privileges  of  free  schools. 

Hon.  John  C.  Spencer,  in  his  report  to  the  Legislature,  for  1839,  estimated 
that  the  entire  expense  of  schooling  all  the  children  in  the  State  would 
average  $3.35.     The  amount  for  tuition  was  only  $1.77  per  scholar. 

We  present  the  following  estimates  on  the  basis  of  Mr.  Spencer's  for  the 
year  1847. 

Interest  on  school  houses  and  lands,  for  each  of  the  10,621 

districts,  at  an  average  of  $200  each $127,452  00 

Books   and   stationery  for   the   775,723   children,   reported   at 

$1  each  775,727,  00 

Fuel  for  each  district,  at  $10  each 106,210  00 

Fees  of  collectors  at  5  per  cent,  on  local  funds,  local  taxes  and 

amounts  raised  by  supervisors,  $419,008 20,950  40 

Fees  on  rate  bills,  at  5  per  cent,  $466,674.44 23,333  72 

Repairs  of  houses,  at  $5  each 53,105  00 

Compensation  of  town  superintendents  (873),  at  an  average  of 

$50   each    43,650  00 

Amount    $1,150,424  12 

Amount  paid  teachers'  wages 1,105,682  34 

Making  an  aggregate  of $2,256,106  46 

expended  in  1847,  for  school  purposes. 

Dividing  this  sum  by  the  number  of  children  reported  as  having  actually 
attended  school  {775,722,')  and  it  gives  an  average  cost  per  scholar,  of  $2.91. 
But  the  actual  amount  for  instruction  was  $1,105,68^.34,  which,  divided  as 
before,  gives  for  each  scholar  $1.42^.  But  of  this  sum  only  $466,674.44,  was 
raised  by  rate  bill,  the  balance  of  expenditure  being  now  derived  from  the 
State,  or  by  a  property  tax.  This  sum,  divided  as  before,  gives  an  average 
for  each  child  of  sixty  cents;  or  taking  the  aggregate  of  taxable  property 
in  the  State,  for  the  year  1847,  as  reported  by  the  Comptroller,  at  the  sum 
of  $632,699,993,  and  a  tax  of  three-fourths  of  a  mill  per  dollar,  yields  $474,- 
529.99,  which  is  more  than   sufficient  to  pay  the  rate  bill  of  that  year  by 


206  THE   UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

$7>950S5-  In  the  city  of  Syracuse,  it  is  estimated  that  a  property  tax  of 
three-fifths  of  a  mill  per  dollar  will  cover  the  tuition  of  pupils  at  the  public 
schools. 

In  the  report  of  Mr  Randall,  for  the  year  1840,  it  is  stated,  that  in  all  the 
schools  of  Buffalo,  public  and  private,  previous  to  the  free  system,  there 
were  only  1,424  children,  and  that  the  amount  paid  for  tuition  was  $19,094, 
being  $13.41  per  year  for  each  scholar,  or  $3.35  per  quarter.  An  estimate  of 
the  actual  expense  of  yearly  instruction  of  an  equal  number  in  the  public 
schools,  under  the  free  system,  showed  an  annual  balance  in  favor  of  that 
system,  of  $11,254,  or  a  saving  of  nearly  two-thirds. 

By  comparing  the  estimate  made  by  Mr  Spencer,  with  the  above,  it  will  be 
seen  that  he  estimates  the  expense  of  each  pupil  for  a  year,  at  $3.35 ;  exactly 
the  same  as  was  paid  in  Buffalo  for  one  quarter! 

From  the  foregoing  considerations,  your  memorialists  would  respectfully 
petition  your  honorable  body,  to  give  to  the  good  people  of  the  State  of 
New  York,  at  your  present  session,  a  system  of  free  schools.  And  your 
memorialists  will  ever  pray. 

R.  R.   Stetson, 
W.    W.    Newman, 
A.   G.   Salisbury, 

Committee. 

Syracuse,  February  24,  184^ — District  School  Journal,  April  i,  1849 
New  York  Free  School  Law 

We  are  gratified  to  learn  that  this  enlightened  and  benevolent  project  has 
at  length  received  the  legislative  sanction,  and  now  only  awaits  the  ratification 
of  the  people  to  become  the  law  of  this  State.  We  cannot  for  a  moment 
doubt  that  that  ratification  will  be  accorded  to  it  by  a  vote  strongly  indicative 
of  the  intelligence  of  the  people,  in  relation  to  a  subject  which  so  vitally 
concerns  themselves.  The  Press-by  habit  taught  to  give  questions  of  public 
interest  the  closest  scrutiny,  and  generally  a  faithful  index  of  public  senti- 
ment—  is  almost  unanimous  in  favor  of  the  new  system;  and  we  shall  be 
slow  to  believe  that  a  few  sordid  worshippers  of  the  "  almighty  dollar,"  can 
succeed  in  defeating  a  measure  which  presents  the  facilities  of  universal 
education,  and  which  will  do  more  towards  suppressing  crime,  securing  the 
rights  of  property,  and  promoting  the  moral  health  of  community,  than  a 
dozen  of  other  legislature  enactments  combined.  We  shall  have  more  to  say 
upon  this  subject,  before  the  time  of  voting  arrives.  In  the  meantime,  study 
the  act,  which  will  be  found  in  another  column. —  Fort  Plain  Weekly  Radii, 
April  5,  1849 

The  first  section  of  the  "Act  establishing  free-schools  throughout  the 
State,"  is  as  follows: 

"  Common-schools  in  the  several  school  districts  of  this  State  shall  be  free 
to  all  persons  residing  in  the  district  over  five  and  under  twenty-one  years 
of  age.  Persons  not  residents  of  a  district  may  be  admitted  into  the  schools 
kept  therein,  with  the  approbation  in  writing  of  the  trustees  thereof,  or  a 
majority  of  them." 

"COMMON-SCHOOLS  SHALL  BE  FREE  TO  ALL  PERSONS 
RESIDING  IN  THE  DISTRICT!"     Worthy  to  be  inscribed  on  columns 


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FREE   SCHOOLS  TO"] 

of  marble  in  every  town  in  the  State.  The  act  contains  simple  and  intelligible 
rules  of  proceedings  for  the  whole  process,  so  as  to  guarantee  a  school  in 
every  district  for  at  least  four  months  in  the  year.  The  question  of  the 
adoption  of  this  system  is  to  be  submitted  to  the  people  at  the  November 
election,  and  if  a  majority  of  votes  shall  be  in  its  favor  (which  we  cannot 
doubt)  the  law  will  take  effect  on  the  ist  of  January,  1850.  The  provision 
includes  the  city  of  New  York,  which  will  then  be  on  a  par  with  the  rest 
of  the  State.  The  effects  of  this  law  will  be  seen  gloriously  in  30  years,  say 
by  the  census  of  1880. —  The  Independent,  April  5,  1849 

We  refer  our  readers  to  the  new  school  law  published  to-day.  Though 
long,  its  interest  and  importance  will  well  repay  perusal. 

The  system  of  "  free  schools  "  has  long  been  the  boast  and  glory  of  the 
New  England  States  —  and  we  rejoice  that  the  legislature  of  the  Empire 
State  —  Empire  in  all  that  constitutes  commercial  greatness,  has  now  laid 
the  foundation  of  her  equal  greatness  in  the  wide  field  of  education. 

The  details  of  the  bill  may  not  please  every  body;  but  these  may  be  cor- 
rected as  time  and  experience  suggest.  The  principle  of  free  schools,  in  its 
broadest  and  most  universal  scope,  shall  ever  find  an  advocate  in  us. 

Education,  as  we  have  before  remarked,  has  been  well  defined  by  Burke  to 
be  "  the  cheap  defense  of  nations."  —  Binghamton  Daily  Iris,  April  17,  1849 

Free  Schools  —  Schools  in  Lowell 
Seeing  by  the  prints  that  a  bill  for  the  establishment  of  free  schools  is 
before  the  New- York  Legislature,  I  cannot  forbear  saying  a  word  on  a 
matter  which  lies  so  near  my  heart.  Free  Schools!  Who  can  fully  estimate 
the  vast  importance  of  these  two  words?  Intelligence  and  happiness,  not 
for  the  few  but  for  the  million.  Make  education  free  to  the  lowly  as  well 
as  to  the  high-born,  and  you  have  nearly  if  not  wholly  swept  away  those 
false  distinctions  in  society  which  in  time  will  strike  a  death-blow  at  the 
very  root  to  republicanism.  For  the  past  few  years  many  educational  move- 
ments have  been  made  in  New- York,  and  that  much  good  has  been  the 
result  none  can  doubt;  but  as  well  might  a  scholar  expect  to  make  good 
progress  by  commencing  with  the  higher  branches  of  an  English  education, 
and  leaving  first  principles  to  be  learned  last,  as  New- York,  permanently  to 
improve  her  schools  until  this  first  great  step  has  been  taken.  The  great 
cry  has  been  for  better  teachers,  yet  nevertheless,  I  firmly  believe  (and  I  do 
not  speak  this  without  an  acquaintance  with  the  subject,)  that  the  supply  has 
equalled  the  demand.  That  another  body  of  persons  can  be  found  in  New- 
York  so  self  denying  as  her  common  school  teachers  I  much  doubt.  With 
employers,  in  most  cases,  the  question  is  not  whether  he  or  she  be  qualified 
for  the  responsible  station  of  a  teacher,  bull  whether  he  can  be  obtained  for 
a  small  compensation;  nor  do  I  believe  this  is  from  a  want  of  liberality,  nor 
yet  from  inability  to  appreciate  the  services  of  a  good  teacher,  as  many  are 
ready  to  assert,  but  from  necessity.  The  patronage  of  the  wealthier  portion 
of  community  is  oftentimes  wholly  withdrawn  from  the  humble  district 
school,  leaving  it  to  be  sustained  by  those  who  are  illy  able  to  bear  the 
burden.  And  who  that  knows  anything  of  a  country  population  does  not 
know  that  it  is  difficult  for  a  large  portion  of  the  people  to  spare  the  few 
dollars  necessary  for  the  payment  of  the  teacher.    There  is  much  said  about 


208  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

teaching  through  a  lofty  missionary  spirit,  for  the  benefit  of  the  race  and 
not  for  money.  Alas!  for  this  beautiful  theory  teachers  are  not  machines, 
which  will  operate  by  being  daily  wound  up,  but  human  beings,  with  frail 
bodies  and  physical  wants  like  others  of  mankind.  I  think  $40  per  year  a 
large  average  estimate  for  the  female  teacher  of  New-York.  How  can  she 
be  supported  from  such  an  income  and  still  find  means  to  furnish  herself  with 
books  and  necessary  instruction  beyond  the  most  ordinary  education?  If 
well  educated  persons  can  be  found  who  are  willing  to  make  teaching  a  pro- 
fession under  such  a  state  of  things,  I  should  not  hesitate  to  pronounce,  them 
deficient  in  energy,  an  ingredient  all  important  in  a  teacher's  composition; 
but  I  pass  to  speak  of  the  schools  in  Lowell. 

Free  schools  were  established  here  under  the  present  admirable  and  success- 
ful system,  not  without  much  opposition  from  capitalist  whose  pecuniary 
interests  were  liable  to  far  less  taxation  under  the  old  district  system. 
When  an  appropriation  of  $6,000  for  the  building  of  the  first  Grammar 
School-house  (some  twenty  years  since,)  was  voted  for  by  the  School  Com- 
mittee, the  measure  was  strongly  opposed  by  Kirk  Boott  and  others,  but  the 
house  was  built  and  a  school  was  established,  which  soon  became  the  pride 
and  boast  of  the  city;  and  to  the  gratification  of  the  committee  when,  a 
short  time  after  its  establishment,  Henry  Clay  and  other  distinguished 
gentlemen  visited  the  city,  they  were  conducted  by  Kirk  Boott  to  this  school, 
as  an  object  of  the  first  interest.  There  are  three  grades  of  schools,  the 
Primary,  Grammar  and  High  Schools.  Each  grammar  school  is  furnished 
with  four  teachers,  and  in  addition  to  these,  a  writing  and  music  master 
are  in  attendance  two  days  in  each  week.  Two  hundred  scholars  are 
accommodated  with  ease;  these  are  all  seated  in  one  room  under  the  super- 
intendence of  the  principal.  The  three  female  assistants  are  occupied  the 
whole  time  in  hearing  recitations,  having  ten  minutes  only  for  a  class,  except 
in  arithmetic,  which  occupies  twenty.  So  one  unacquainted  with  the  perfect 
order  which  reigns  in  these  schools,  ten  minutes  would  seem  little  more 
than  sufficient  time  for  the  classes  to  get  to  and  from  the  recitation  room ; 
yet  much  is  accomplished  in  this  short  space  of  time,  and  nowhere  can  better 
scholars  be  found.  A  clock  is  placed  in  the  school-room  which  strikes  one 
every  ten  minutes,  this  is  the  signal  for  the  scholars  to  take  their  places, 
and  by  the  time  one  class  is  seated  another  is  reciting.  The  great  success 
of  these  schools  is  mostly  attributable  to  the  permanency  of  the  teachers  and 
the  power  given  them.  Some  of  the  principals  have  taught  the  same  school 
eighteen  years,  and  many  of  the  assistants  have  been  employed  seven  or  eight 
years.  Changes  are  seldom  made  except  from  the  resignation  of  the 
teachers,  and  even  these  are  accepted  with  reluctance  by  the  committee,  who 
are  solicitious  to  obtain  well  qualified  teachers,  and  slow  to  part  with  them 
from  slight  causes.  No  child  can  be  admitted  to  a  grammar  school  without 
having  first  been  examined  by  one  of  the  teachers  and  pronounced  qualified 
to  enter  some  one  of  the  classes;  neither  can  he  leave  one  school  and  enter 
another  without  a  certificate  from  his  teacher  giving  a  good  reason  for  his 
removal;  and  as  the  schools  are  free  and  under  the  control  of  a  committee 
chosen  by  the  people,  the  injudicious  interference  of  parents  is  wholly  pre- 
cluded. I  have  gotten  to  the  end  of  my  sheet  without  having  said  hardly 
anything  that  was  in  my  mind,  but  perhaps  another  time  I  shall  be  mc-e 


FREE  SCHOOLS  209 

successful;  meanwhile  may  the  legislators  of  my  loved  native  State,  establish 
Free  Schools,  and  thus  wreath  for  her  a  never  failing  garland. 

E.  D.  P. 
Lowell,  Feb.  1849. —  District  School  Journal,  May  I,  1849 

The  Free  School  Principle 

The  providence  of  God  has  so  ordered  the  vast  and  beneficient  scheme 
of  the  Universe,  that  the  substantial  happiness  and  true  welfare  of  every 
intelligent  human  being  is  dependent  upon  the  degree  in  which  those  ele- 
ments exist  and  are  diffused  around  him:  and  consequently  the  greater  and 
more  beneficial  the  influence  which  he  exerts  in  ameliorating  the  condition, 
supplying  the  wants  and  aiding  the  efforts  of  his  fellow  men  the  more 
abundant  and  ample  will  be  his  share  of  the  resulting  product.  The  voice 
of  Christianity,  of  history  and  of  experience  alike  proclaim  this  great  and 
eternal  truth:  and  no  amount  or  combination  of  sordid  selfishness  intent 
on  its  own  exclusive  interest  and  coldly  withdrawing  itself  from  companion- 
ship with  its  kind  can  hope  to  accomplish  its  grovelling  objects  in  contra- 
vention of  those  immutable  principles  upon  which  the  broad  superstructure 
of  humanity  itself  is  reared  and  sustained. 

It  is  our  design  on  this  and  subsequent  occasions  to  advert  more  immedi- 
ately to  the  great  subject  of  education  in  its  relation  to  the  formation  of 
character  and  the  objects  and  pursuits  of  life  —  to  illustrate  its  intimate 
connections  with  individual  and  social  well-being  —  its  importance  as  an 
indispensable  agent  of  civilization  and  as  the  fundamental  basis  of  all  good 
government  —  and  its  relation  with  all  that  we  are  accustomed  to  value  and 
to  prize  in  the  community  which  surrounds  us. 

The  observation  is  frequently  heard  that  here  and  there  —  in  this  or  that 
commimity  —  and  this  or  that  neighborhood  very  little  interest  exists  on  the 
subject  of  education  —  ver>'  little  attention  is  paid  to  it  —  and  very  little 
progress  made.  Nothing  can  be  more  erroneous  or  untrue.  On  every  hand 
—  in  every  locality  —  in  every  hamlet  and  settlement  and  in  every  household 
of  the  land,  the  work  of  education  is  in  rapid  and  certain  progress.  From 
the  cradle  to  the  grave  —  in  all  the  varieties  and  mutations  of  life  —  amid 
all  its  "  chances  and  changes  "  —  in  the  quiet  and  stillness  of  the  family  — 
in  the  ever  widening  circle  of  society  with  its  numerous  institutions,  habits, 
manners,  customs  —  in  the  crowded  thoroughfares  of  commerce  —  the  broad 
fields  of  labor  —  the  spacious  arena  of  politics  —  the  brilliant  circles  of  fash- 
ion and  pleasure  —  and  the  retired  walks  of  contemplation  —  no  less  than  in 
the  established  seminaries  of  learning,  the  elementary  or  higher  school,  the 
academy,  the  college  and  the  university  —  the  education  of  the  mind  and  of 
the  heart  is  unceasingly  in  progress:  and  its  results  in  all  their  magnitude 
and  multiplicity  are  around  and  about  us  here  and  every  where.  To  it  we 
owe  all  that  w€  are,  have  been  or  hope  to  be,  here  or  hereafter;  to  it  we 
are  indebted  for  our  happy  homes,  for  the  security  for  life,  liberty,  and  the 
pursuit  of  happiness,  which  our  invaluable  institutions  afford,  and  for  the 
prodigious  and  accelerated  advances  of  science  in  all  its  departments,  of 
the  arts  in  all  their  grandeur  and  utility,  of  legislation,  in  all  its  varied  adapta- 
tions to  our  circumstances  and  wants,  of  political  economy  in  all  its  com- 
prehensiveness, and  of  Christianity  in  all  its  beneficence.  With  or  without 
our  direct  co-operation  in  any  systematic  plan  for  its  extension  and  improve- 
14 


2IO  THE    UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

ment,  the  great  machinery  of  civilization  is  in  constant  and  unintermitted 
revolution :  and  it  only  remains  for  us  to  determine  its  character  and  shape 
its  results.  If  we  neglect  this  duty,  the  work  of  education  still  goes  on: 
but  it  is  that  education  which  alas !  is  all  too  rife,  too  potent  and  too  effica- 
cious already,  in  our  midst  —  the  education  of  the  corrupted  highways  and 
bye-ways  of  the  world  —  the  education  of  those  purlieus  of  vice,  infamy  and 
wretchedness  which  every  where  abound  in  most  calamitous  and  fearful 
profusion.  Around  and  about  us  on  every  hand  are  confiding  ingenuous, 
hopeful  and  innocent  youth  —  silently  but  powerfully  appealing  to  our  high- 
est and  noblest  sympathies,  for  the  proper  development  and  direction  of 
their  expanding  faculties  —  ready  to  travel  with  us  in  those  paths  of  pleasant- 
ness and  ways  of  peace  which  lead  to  wisdom  and  virtue  and  knowledge, 
but  who,  if  we  coldly  and  selfishly  refuse  to  take  them  by  the  hand,  will 
speedily  and  inevitably  seek  other  guides  and  become  apt  proficients  in  that 
crowded  school  of  vice  and  guilt  and  shame,  whose  skilful  and  hardened 
graduates  fill  our  penitentiaries,  disturb  the  quiet  and  the  peace  of  our  fam- 
ily fire  side,  and  furnish  the  miserable  and  deluded  victims  of  that  fearful 
penalty  which  justice  demands,  and  the  laws  exact  of  him  who  lifts  his  hand 
against  his  brother's  blood!  —  District  School  Journal,  July  1849 

There  is  a  paper  published  in  Orange  County,  under  the  name,  we 
believe,  of  the  "  Banner  of  Liberty,"  or  some  such  high  sounding  title, 
which  is  engaged  in  a  ferocious  crusade  against  free  schools,  normal  schools 
and  popular  education  generally;  and  which  seems  apprehensive  that  the 
approaching  triumph  of  the  principle  of  Universal  Education  is  destined  to 
usher  in  all  the  evils  of  a  despotic  tyranny.  Perhaps  it  may  comfort  the 
worthy  editors  to  know  that  the  warmest  friends  of  education  do  not  expect 
to  bring  within  its  pale,  a  greater  proportion  than  ninety-nine  out  of  every 
hundred  of  the  whole  population  of  the  Republic  ;  an  arrangement  which 
will  leave  "  ample  verge  and  room  enough,"  for  himself  and  his  friends  for 
at  least  an  entire  generation. —  District  School  Journal,  August,  1849 

The  Free  School  System  in  Hudson 
Not  long  since  we  had  the  pleasure  of  attending  an  exhibition  of  the 
children  of  the  Public  Schools  of  the  city  of  Hudson,  and  of  visiting,  two 
of  the  largest  schools,  the  one  consisting  of  boys  exclusively,  under  the 
charge  of  Mr  Carver  and  Mrs  Smith;  and  the  other,  consisting  of  girls, 
under  the  charge  of  Miss  Nichols.  The  perfect  order  and  discipline  which 
appeared  to  prevail  in  these  schools  —  each  of  them  numbering  some  two 
hundred  pupils  —  the  exceeding  neatness  and  beauty  of  their  copy  books  — 
the  marked  superiority  of  their  exercises  in  drawing,  and  the  facility  and 
promptness  with  which  their  simultaneous  music,  readings,  and  recitations 
were  conducted  —  struck  us  as  indicative,  in  all  respects,  of  a  system  well 
conceived,  judiciously  administered,  and  widely  and  extensively  beneficient 
in  its  effects.  The  public  exercises  at  the  Presbyterian  Church,  in  which 
were  gathered  at  least  a  thousand  children,  with  their  parents  and  friends, 
were  interesting  and  instructive,  and  we  needed  no  higher  proof  of  the 
intrinsic  excellency  of  the  Free  School  System  than  was  here  presented. 
Two  of  the  City  Superintendents,  J.  W.  Fairfield  and  Doct.  Bronson,  together 
with  several  eminent  and  distinguished  Clergymen  of  the  city  and  neighbor- 
ing towns,  were  present  and  participated  in  the  exercises  of  the  day.    The 


FREE   SCHOOLS  211 

citizens  of  Hudson  have,  in  our  judgment,  every  reason  to  be  proud  of  their 
excellent  school  system,  and  of  the  mode  in  which  it  is  administered;  and 
we  hope  to  see  their  example  copied,  in  due  time,  by  every  -large  town  in 
the  State. —  District  School  Journal,  September  1849 

At  the  Whig  State  Convention  the  following  resolution  was  offered  by 
Mr  Osgood,  of  Allegany  and  was  adopted: 

Resolved,  That  this  Convention  approves  of  the  principles  of  the  law  passed 
at  the  last  session  of  the  Legrislature,  providing  that  the  Common  Schools  of 
this  State  shall  be  free,  and  recommend  that  said  law  be  sanctioned  by  the 
people  at  the  ensuing  election. —  Binghamton  Republican,  October  i,  1849 

To  the  Friends  of  Universal  Education  and  Free  Schools 
The  "Act  establishing  Free  Schools  throughout  the  State,"  passed  at  the 
last  Session  of  the  Legislature,  is  to  be  submitted  for  the  approval  or  rejec- 
tion of  the  electors  of  the  State,  at  the  ensuing  November  election.  The 
importance  and  magnitude  of  the  issue  thus  involved  cannot  fail  of  being 
duly  appreciated  by  every  enlightened  mind ;  and  the  most  ample  means  of 
information  in  reference  to  the  principle  and  practical  details  of  this  great 
measure,  should  be  within  the  reach  of  all. 

With  this  view,  we  are  requested  to  state  the  conductor  of  the  District 
school  journal  has  devoted,  and  will  still  continue  to  devote,  the  columns 
of  that  paper,  until  after  the  election,  exclusively  to  that  subject.  In  the 
August  and  September  Nos.  will  be  found  a  Circular  Letter,  addressed  by 
the  Hon.  Horace  Mann  of  Massachusetts,  to  several  of  the  ablest  and  most 
experienced  educators  of  the  Union,  in  refernce  to  the  intellectual,  moral 
and  social  efforts  capable  of  being  produced  by  the  adoption  of  a  complete 
and  enlightened  system  of  Universal  Education,  based  on  the  Free  School 
System,  together  with  the  replies  of  the  persons  thus  addressed.  The  publi- 
cation of  these  letters  will  be  continued  in  the  October  number,  which  will 
appear  as  early  as  the  20th  inst. ;  and  in  the  same  number  will  be  contained 
a  masterly  and  able  exposition  of  the  principal  arguments  in  favor  of  the 
adoption  of  the  Free  Schools  System,  from  the  pen  of  the  Chief  Superin- 
tendent of  the  schools  of  Upper  Canada,  .  .  .  These  arguments  are  chiefly 
based  upon  the  practical  operations  of  the  system  in  Massachusetts,  and 
such  of  the  other  States,  cities  or  towns  where  it  has  been  for  any  length 
of  time  in  successful  operation,  and  will  be  found  to  afford  a  perfect  maga- 
zine of  facts  and  illustrations  in  support  of  the  proposed  system.  On  the 
other  hand,  in  order  to  afford  the  opponents  of  the  system  an  opportunity  of 
becoming  acquainted  with  the  arguments  brought  to  bear  against  it,  the 
same  number  will  contain  the  recent  manifesto  of  the  New  York  Freeman's 
Journal,  ...  a  religious  newspaper,  devoted  to  the  support  of  Catholic 
principles  .  .  .  against  the  adoption  of  the  Free  School  System.  The 
November  No.  of  the  Journal  will  be  issued  as  early  as  the  15th  of  October, 
and  will  contain  the  views  of  the  E^iitor,  at  considerable  length,  on  this 
subject  together  with  such  other  matter  as  may  be  deemed  to  have  a  practical 
bearing,  on  either  side  of  the  question. 

The  Journal  is  sent,  at  the  expense  of  the  State,  to  each  of  the  eleven 
thousand  School  Districts,  and  is  therefore  acceptable  to  all  who  may  desire 
information  in  reference  to  this  interesting  topic.  Should  an  extra  number 
of  copies     be  required,  they  will  be  furnished  on  application  to  the  editor, 


212  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

S.  S.  Randall,  Secretary's  Office,  in  this  city,  at  the  rate  of  $2  per  hundred 
for  each  number,  or  at  $5  per  hundred  for  the  Aug.,  Sept.,  Oct.  and  Nov. 
numbers,  where  more  than  one  hundred  copies  are  ordered  to  one  address. 
Editors  and  publishers  of  papers  throughout  the  State,  favorable  to  the 
interests  of  education  are  respectfully  requested  to  copy  this  notice. —  Bing- 
hamton  Republican,  October  3,  1849 

Free  Schools —  "  Hear  Both  Sides" 

The  following  article  is  taken  from  the  "  Freeman's  Journal "  of  the  city 
of  New- York,  of  the  date  of  Aug.  11.  The  Journal,  although  not  perhaps 
the  organ  of  the  Roman  Catholic  Church  in  this  country,  is  the  most  widely 
circulated  newspaper  advocating  the  tenets  of  that  church. 

The  article  is  very  speciously  addressed  to  the  prejudices  and  sectarian 
pride  of  the  several  Protestant  denominations. 

The  conclusion  to  which  the  Editor  would  conduct  his  readers,  although 
he  does  not  express  it,  may  be  stated  in  two  parts;  ist,  that  the  state  should 
make  no  public  provision  for  the  education  of  the  people;  and  2d,  that  all 
education  should  be  under  the  direction  of  the  church,  or  of  the  clergy  of 
some  denomination  of  christians. 

We  will  not  attempt  to  make  an  argument  on  this  subject.  We  will,  how- 
ever, put  this  question  to  the  people:  "Are  you  willing  to  abandon  and 
destroy  your  system  of  Common  Schools,  and  commit  the  education  of  your 
children  to  the  sectarian  institutions,  and  private  schools  established  and 
endowed  by  the  various  religious  denominations?  " 

That  is  the  question  to  be  answered  at  the  polls. 

Compulsory  "Free  Schools  " 

At  the  election  which  is  to  take  place  on  the  first  Tuesday  of  next  Novem- 
ber, the  voters  in  the  State  of  New-York  are  to  be  called  upon  to  say  whether 
the  system  of  schools  established  by  the  State,  and  sustained  by  a  compul- 
sory tax  on  the  citizens  at  large,  is  to  be  extended  throughout  the  State.  The 
taking  cognomen  of  Free  Schools  has  been  given  to  this  system,  because  it 
provides  that  every  citizen,  after  being  compelled  to  pay  his  part  to  the  sup- 
port of  the  school  by  law  established,  is  to  be  as  free  to  send  his  children 
to  it  as  the  Quaker  or  Baptist  in  England  is  free  to  attend  the  services  of 
the  Church  by  law  established,  for  which  he  is  duly  tythed  whether  he  goes 
to  it  or  not.  Did  this  free  school  system  propose  sufficient  guarantees  for  a 
right  and  sound  direction  of  education  by  the  State,  we  should,  nevertheless, 
be  opposed  to  it,  because  it  is  unconstitutional,  and  every  unconstitutional 
act  must  result  sooner  or  later  in  embarrassments  and  evil ;  but  the  negation 
of  sound  principles  of  education  implied  in  its  very  conception  gives  us 
stronger  and  multiplied  reasons  for  opposing  the  measure. 

The  public  sentiment  of  the  community  is  with  us  in  asserting  the  neces- 
sity of  religion  in  the  training  of  our  youth.  That  sentiment  may  be  unfor- 
tunately vague;  it  may  and  does  differ  lamentably  in  its  conception  of  what 
is  false  and  true  in  religion,  but  it  nevertheless  is  pretty  tolerably  united  in 
the  profession  of  its  belief  that  the  influences  of  religion  are  necessary  for 
the  perpetuity  of  our  political  institutions,  and  for  the  well  being  of  society. 

But,  in  this  country,  the  State  very  properly  acknowledges  its  incompetency 


FREE   SCHOOLS  213 

in  matters  religious.  It  can  prescribe  nothing  in  the  premises ;  and  does  it  all 
m  simply  protecting  all  religions  in  their  legal  rights.  If  then  the  State 
attempts  to  establish  schools  in  the  midst  of  conflicting  religions,  it  can  do 
so  only  by  making  practical  negation  of  them  all.  Its  schools  must  be  inde- 
pendent of  religion  —  void  of  it.  If  they  be  not  so  they  will  be  a  fraud 
upon  its  professions,  and  an  injustice  to  whatever  religions  are  disregarded. 
If  they  be  honest  and  impartial,  they  must  be  as  empty  of  religion  as  any 
broker's  office  in  Wall  Street. 

Such  irreligious  schools  are  then  in  conflict  with  the  professed  public  sen- 
timent of  the  community;  and  there  are  but  two  ways  that  men  attached 
to  any  religion  can  come  to  countenance  them.  The  first  way  is  by  the  hope 
which  one  or  another  sect  may  indulge  of  being  able  to  control  the  system 
by  its  own  influences.  This  is,  however,  a  feeble  reliance.  The  Presbyte- 
lians  are  the  sect  which  have  the  most  to  hope  in  this  way,  because  they  are 
more  politically  active,  and  perhaps  more  intensely  sectarian  than  any  other. 
During  the  past  four  years  they  have  succeeded  in  billeting  one  of  their  min- 
isters, we  believe,  upon  almost  every  public  institution  we  know  of, —  from 
West  Point  to  the  Blind  Asylum  and  the  Alms  House.  And  yet  we  know 
of  no  sect  that  has  so  repeatedly  and  publicly  enforced  the  necessity  of  hav- 
ing their  children  educated  in  schools  under  their  own  supervision.  They 
have  good  reasons  for  so  doing,  and  we  are  persuaded  that  no  one  sect  need 
hope  to  give  efficient  tone  to  the  public  schools  of  the  State. 

The  other  apology  for  professedly  religious  men  in  maintaining  such 
schools,  is,  that  in  them  nothing  shall  be  taught  but  what  is  purely  secular, 
and  that  the  religious  education  of  the  children  shall  be  confided  to  the 
Sunday  instruction  of  the  church,  and  to  the  conscience  of  the  parents.  If 
this  be  true,  we  must  confess  ourselves  incapable  of  an  abstraction  sublime 
enough  to  comprehend  it.  What  we  do  understand,  what  we  see,  what  we 
hear  from  others  who  have  better  opportunities  of  seeing  than  we  have, 
gives  us  the  right  and  forces  us  to  assert  that  in  no  community  on  the  face 
of  the  earth  have  the  religious  needs  of  its  children  been  in  any  such  ways 
moderately  provided  for.  We  would  by  no  means  seem  either  to  undervalue 
the  Sunday  instructions,  or  to  excuse  parents  from  the  awful  responsiblities 
of  bringing  up  their  children  christianly.  But  it  is  precisely  from  those  who 
have  labored  long  and  with  the  most  zealous  devotion  in  Sunday  instruction 
that  we  hear  it  most  earnestly  asserted,  that  these  exertions  are,  for  the  most 
part,  fruitless,  when  for  six  days  out  of  seven  the  children  are  subjected  to 
the  godless  influence  of  godless  schools.  And  on  the  other  hand,  it  is  pre- 
cisely from  those  who  appreciate  most  justly  parental  obligations,  that  we 
hear  the  bitterest  lamentations,  and  the  most  doleful  recitals  of  the  effects 
of  schools  which  unprotestantize  the  children  of  protestants  at  the  expense 
of  unchristianizing,  and  so  far  uncivilizing  every  body. 

And  even  supposing  schools  are  so  constituted  as  to  produce  no  effect 
directly  injurious  to  religion,  which  is  the  utmost  that  can  be  asked;  what 
delusion  to  suppose  that  the  greater  number  of  parents  are  in  a  condition 
to  take  charge  of  the  daily  religious  training  of  the  children?  It  is  the  lot 
of  the  larger  portion  of  mankind  to  gain  their  daily  bread  by  daily  and  har- 
rassing  toil;  and  those  who  are  subjected  to  this,  never  have,  and  never  will, 
as  a  general  rule,  attend  to  the  religious  training  of  their  children;  in  fact, 
in  some  sense,  their  apology  is  good,  they  cannot  do  it.     And  among  those 


214  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

who  are  better  off  in  this  world's  goods  who  will  venture  to  say  that  more 
disposition,  or  more  moral  capacity  is  to  be  found?  Surely  does  it  need  to 
be  argued  out  that,  as  a  rule  too  general,  school  is  necessary  to  fortify  and 
protect  children  from  the  contagion  of  unhappy  influences  at  home? 

And,  it  is  therefore,  that  the  Catholic  Church  at  first  instituted  daily 
schools,  which  vse  solely  her  creation.  She  instituted  them  as  nurseries, 
first  of  religion  and  its  doctrines,  and  virtues  and  discipline;  and  then,  sub- 
ordinately,  of  science  under  the  guidance  and  direction  of  religion.  To 
cut  off  these  daily  schools,  which  the  Church  established  primarily  for 
religious  purposes,  from  the  doctrine  and  discipline  of  religion  for  which 
they  were  instituted,  and  to  devote  them  exclusively  to  secular  education,  is 
simply  to  bastardize  the  minds  and  hearts  of  youth,  to  substitute  the  opin- 
ions and  arrogance  of  opinionated  men  for  the  traditions  of  Christianity,  to 
raise  up  a  generation  of  infidels  to  succeed  us,  and  to  resolve  all  notions  of 
religion  into  neatly  dressed  persons  and  tidily  kept  houses. 

In  the  proposed  measure  of  free  schools  for  the  State  of  New  York,  we 
see  a  system  of  wholesale  oppression,  an  unconstitutional  legislation  to  which 
we  intend  inviting  the  attention  of  the  public  who  are  to  be  interested.  We 
shall  do  so  in  no  spirit  of  party.  The  Methodists,  Presbyterians,  and  every 
sect  in  the  State,  supposing  them  to  believe  their  religion  worth  teaching, 
and  capable  of  being  taught  to  their  children,  have  the  same  interest  in 
the  subject  that  we  have.  So  has  every  class  or  community  which  may  pre- 
fer choosing  the  kind  of  school  and  the  teacher  to  which  they  shall  commit 
their  children,  to  having  the  whole  thing  arranged  by  the  politicians.  A 
State  education  is  a  curse  near  akin  to  a  State  religion.  The  men  who  shall 
pull  the  wires  of  political  parties  are  as  unfit  to  be  entrusted  with  one  as 
with  the  other.  We  have  shown  that  this  project  is  irreligious  —  impious 
would  not  be  too  strong  a  term  —  and  we  shall  do  what  we  can  to  show 
that  it  is  the  interest  of  the  community  at  large  to  reject  it. 

Statements  of  the  various  misdoings  of  those  in  charge  of  the  free  schools 
in  this  city  —  the  perversion  and  squandering  of  money  —  the  inefficiency  of 
instruction  —  the  gross  injustice  practiced,  apparently  on  system,  in  the 
appointment  of  teachers,  etc.  etc.  etc.,  have  been  promised  us  from  different 
quarters.  We  have  been  expecting  to  receive  them  for  months  past.  Will 
the  gentlemen  who  have  spoken  with  us,  and  all  others  who  have  information 
of  an  exact  and  available  kind,  please  to  put  us  in  possession  of  it?  We  give 
our  readers  in  another  column  a  morsel  of  the  ordinary  proceedings  of  the 
board  of  education. — District  School  Journal,  October  1849 

"A  few  days  more  and  this  important  question  is  to  be  tested  at  the  ballot 
box.  Are  the  people  prepared  by  reflection,  and  a  thorough  appreciation  of 
the  subject,  to  decide  it  in  accordance  with  the  spirit  of  the  age,  and  with 
an  intelligent  regard  for  their  own  highest  and  best  interests?  We  trust 
they  are.  To  us  the  idea  of  a  liberal  system  of  education,  adapted  to  the 
wants  of  the  whole  community,  without  discrimination,  appears  to  be  worthy 
of  the  first  place  in  the  public  sentiment  and  regard;  and  that  system  should 
be  free  as  the  air  we  breathe,  that  every  excuse  for  ignorance  may  be  taken 
away,  and  the  poorest  may  be  on  an  equal  footing  with  the  richest  in  making 
their  approach  to  the  sources  of  education. 

We  are  aware  that  this  question  has  not  received,  and  is  not  receiving, 
the  attention  which  its  importance  demands.    The  political  press  is  entirely 


FREE  SCHOOLS  21$ 

absorbed  with  the  great  battle  for  the  ascendancy  and  the  spoils,  and  there 
is  scarcely  philanthropy  and  patriotism  enough  in  the  composition  of  the 
most  pretending  lovers  of  the  dear  people,  to  inspire  even  an  incidental 
allusion  to  this  subject.  Its  own  merits  are  hence  the  advocates  which  must 
mainly  commend  it  to  the  support  of  the  people;  and  the  great  and  bene- 
ficient  idea  which  it  involves  —  the  salutary  influence  which  its  successful 
operations  promises  to  exert  upon  the  moral  welfare  and  happiness  of  our 
people,  surely  invite  the  anxious  consideration  of  every  elector,  and  ought 
to  incite  him  to  its  favorable  remembrance  at  the  ballot  box. 

The  arguments  aside  from  the  view  taken  of  the  subject  by  Catholics  —  the 
reasons  of  whose  jealousies  are  well  understood  and  appreciated  —  against 
the  establishment  of  Free  Schools,  in  our  opinion,  are  not  sufficient  to  invoke 
and  justify  opposition.  The  rich  miser  who  has  no  children  to  educate,  has 
property  to  protect ;  and,  to  say  the  least,  it  ought  to  be  a  matter  of  no  con- 
sideration to  him,  whether  he  be  taxed  to  educate  his  neighbors  and  have 
his  security  in  the  general  intelligence  and  virtue  of  his  community,  or  to 
punish  crimes  which  are  the  result  of  ignorance,  and  thus  have  his  security 
only  in  the  dread  of  law  and  its  punishments.  Does  any  one  doubt  that  nine- 
tenths  of  the  crimes  which  are  constantly  perpetrating,  and  to  procure  the 
punishment  of  which  a  large  item  is  annually  added  to  our  tax  list,  are  the 
natural  fruit  of  a  defective  education  —  of  habits  encouraged  by  idleness 
during  that  portion  of  life  which  should  be  wholly  devoted  to  the  District 
School,  but  which  is  neglected  for  the  -want  of  means  and  of  the  absence 
of  early  moral  training?  And  who  that  does  not  doubt  this  —  to  say  noth- 
ing of  his  duty  as  a  lover  of  his  race,  and  a  friend  of  his  country  does  not 
see  in  the  Free  School  System,  at  least  a  partial  remedy  for  vice  and  crime, 
and  an  element  of  merit  which  reaches  beyond  the  paltry  consideration  of 
dollars  and  cents,  while  at  the  same  time,  even  these  are  not  sacrificed  in 
its  support  ?  —  Canajoharic  Weekly  Radii,  October  25,  1849 

At  our  approaching  election  the  people  of  this  State  will  give  their  decision 
for  or  against  the  law  passed  at  the  last  Session  of  the  Legislature  providing 
for  the  establishment  of  Free  Schools  throughout  the  State.  We  trust  the 
subject  will  receive  an  attentive  consideration  from  all  classes  of  society, 
as  it  involves  interests  of  an  enduring  nature,  and  of  vast  consequences  to 
the  future  welfare  of  the  State. 

We  unhesitatingly  declare  ourselves,  without  a  shadow  of  doubt,  in  favor 
of  the  law  and  its  proposed  policy.  Its  enlarged  views,  its  democratic 
principles,  its  beneficient  aims,  and  its  ultimate  blessings,  are  so  great,  that 
we  give  it  a  most  sincere  and  hearty  approval. —  Lowville  Northern  Journal, 
October  17,  1849 

Against  Free  Schools 

The  Poughkeepsie  Eagle,  a  rabid  whig  journal,  whom  the  Buffalo  Express 
charges  with  opposition  to  the  canal  enlargement,  offers  its  whig  friends 
ballots  AGAINST  FREE  SCHOOLS  LAW.  Opposition  to  internal  improve- 
ment is  followed  by  its  counterpart  OPPOSITION  TO  MENTAL 
IMPROVEMENT.—  Rochester  Doily  Advertiser,  October  30,  1849 

Free  Schools 

The  most  important  question  to  be  decided  at  the  ensuing  election  is  that 
of  the  adoption  or  rejection  of  the  law  passed  by  the  Legislature  last  winter, 


2l6  THE    UNIVERSITY    OF    THE   STATE   OF    NEW    YORK 

providing  for  the  establishment  of  a  general  system  of  free  schools  through- 
out this  State.  We  are  of  opinion,  that  with  comparatively  few  exceptions, 
the  people  of  the  Slate  are  in  favor  of  the  law.  But  it  has  always  beein 
a  hard  matter  to  excite  any  amount  of  interest  upon  an  abstract  question  of 
this  character,  and  there  is  more  danger  that  it  will  be  lost  by  default, 
than  from  opposition. 

In  a  country  where  the  highest  power  lies  in  the  hands  of  the  people  — 
where  no  other  source  of  political  sovereignty  is  recognized,  education  is 
one  of  the  main  pillars  of  the  State.  As  a  citizen  of  equal  rights  and  duties 
with  his  fellows,  each  should  thoroughly  know  the  laws  and  institutions  of 
his  country,  and  understand  the  whole  machinery  of  its  government.  The 
man  properly  educated  is  a  good,  a  useful  patriotic  citizen.  Our  education 
hitherto  has  been  very  effective.  It  formerly  was  a  work  more  surrounding 
circumstances  than  the  effect  of  designed  exertions.  Until  recently  it  has 
been  regarded  of  that  importance  in  its  general  bearing  upon  the  destiny 
of  man  that  it  ought  to  be  considered.  We  hold  that  society  owes  every 
child  an  education,  and  its  first  great  duty  towards  its  members  is  to  pro- 
vide the  means  of  obtaining  it.  The  aggregate  property  of  all  civil  com- 
munities should  be  considered  and  held  as  a  fund  to  provide  the  means  of 
instruction  for  all.  It  is  not  only  a  measure  of  self -protection  that  this  should 
be  done,  but  a  matter  of  high  and  indisputable  justice.  It  is  a  plain  principle 
of  political  economy  relating  to  the  greater  interest  of  the  whole.  And  more 
especially  should  it  be  so  considered  and  acted  upon  in  our  country  and 
among  the  masses.  It  is  one  of  those  reforms  of  the  day,  which  has  par- 
tially obtained,  and  which  must  not  be  suffered  to  rest  until  it  has  become 
general  —  become  the  prevailing  principle  in  all  the  States.  Free  Education — 
based  upon  the  property  of  the  State,  we  should  contend  for,  nor  cease  our 
exertions  with  anything  short  of  it.  A  beginning  has  already  been  made.  Free 
Schools  have  already  been  established  and  in  successful  operation  upon  a 
limited  scale  for  a  number  of  years  past.  Every  where  they  have  been 
tried  they  have  gradually  overcome  all  opposition,  and  established  themselves 
in  the  public  favor.  Education  is  the  birthright  of  every  man  in  a  civilized 
state.  It  is  one  of  those  inalienable  rights  which  attach  to  him  and  of 
which  he  cannot  be  justly  defrauded. 

We  know  this  proposition  has  its  opponents,  among  those  whose  property 
will  be  called  upon  to  bear  the  expense  of  a  general  and  free  system.  But 
the  first  and  essential  object  of  all  true  government  is  the  protection  of 
the  rights  of  the  person.  The  rights  of  property  are  merely  an  incident  — 
a  circumstance  arising  out  of  the  relation  which  the  one  bears  to  the  other. 
Education,  therefore,  is  one  of  those  things  which  constitute  a  legitimate 
claim  upon  property. 

Then,  as  a  great  equalizing  principle  —  as  a  great  moral  agent  —  free  educa- 
tion is  an  essential  element  of  republican  institutions.  In  fact,  it  is  their 
very  life  blood  —  their  moving  principle,  and  in  this  view  of  the  case,  demands 
that  it  shall  be  enjoyed  by  all.  And  the  public  mind  is  fast  settling  down 
upon  this  plain  and  apparent  truth.  In  the  recent  Convention  which  re- 
modeled our  State  Constitution,  it  nearly  triumphed,  and  became  a  part  of 
the  organic  law.  As  it  was,  power  was  placed  in  the  hands  of  the  Legisla- 
ture to  adopt  a  general  system  of  free  schools  throughout  the  State.  A  law 
was  passed  for  this  purpose  last  winter,  but  is  to  be  acted  upon  at  the 


FREE  SCHOOLS  21/ 

ballot  box  in  the  coming  election  before  it  has  vitality.  All  that  is  required 
for  its  success,  is  activity  and  agitation  on  the  part  of  those  who  feel  its 
importance,  and  take  an  active  interest  in  its  adoption.  Let  a  work  of 
agitation  be  commenced  —  one  which  will  reach  the  public  mind  and  obtain 
an  expression,  and  the  work  is  done.  A  blessing,  rich  with  momentous 
results,  has  been  conferred  upon  the  present  and  future  generations,  and 
society  has  fulfilled  one  of  its  most  plain  and  essential  duties  to  its  members 
and  to  itself. 

To  urge  the  importance  of  education,  would  be  but  to  repeat  truisms,  to 
which  we  anticipate  no  dissentient  voice.  But  it  cannot,  in  the  connection 
which  it  has  been  placed  —  in  connection  with  a  system  of  free  schools  — 
be  too  frequently  and  too  earnestly  urged  upon  the  attention  of  all. —  5m/- 
falo  Commercial  Advertiser,  copied  in  District  School  Journal,  October 
1849 

¥ttt  Schools 

We  earnestly  invite  the  attention  of  each  one  of  our  readers  to  the  fol- 
lowing masterly  exposition  of  the  advantages  and  benefits  of  the  Free  School 
System,  from  the  pen  of  the  Chief  Superintendent  of  Schools  of  Upper 
Canada  —  a  gentleman  of  the  highest  literary  and  moral  qualifications,  and 
an  ardent  and  devoted  friend  of  Popular  Education.  The  whole  subject  is 
treated  with  a  clearness,  comprehensiveness  and  ability  which  cannot  fail 
to  commend  it  at  once  to  the  judgment  of  every  reflecting  mind;  and  we 
have  no  where  met  with  so  complete  a  summary  of  the  main  arguments 
relied  upon  by  the  friends  of  the  Free  School  System,  as  is  here  presented. 
We  hope  it  will  be  generally  read  and  widely  circulated. —  District  School 
Journal,  October  1849 

Address  to  the  Inhabitants  of  Upper  Canada,  on  the  System  of  Free 
Schools:  by  the  Chief  Superintendent  of  Schools 

I  beg  to  invite  the  attention  of  the  Public  Press,  of  District  Councillors 
and  School  Trustees,  of  Clergy  and  magistrates,  and  of  all  persons  anxious 
for  the  education  of  all  Canadian  youth,  to  the  principle  on  which  the  expense 
of  promoting  that  object  should  be  defrayed.  The  School  Law  authorises 
two  methods,  in  addition  to  that  of  voluntary  contribution;  the  method  of 
rate-bill  on  parents  sending  children  to  school,  and  the  method  of  assessment 
on  the  property  of  all,  and  thus  securing  to  the  children  of  all  equal  access  to 
school  instruction. —  The  discretionary  power  of  adopting  either  method, 
is  placed  by  law  —  where  I  think  it  ought  to  be  placed  —  in  the  hands  of  the 
people  themselves  in  each  municipality.  My  present  object  is,  simply  to 
submit  to  your  consideration  the  principal  reasons  which  induce  me  to  think 
that  the  otic  of  these  methods  is  better  than  the  other,  in  order  to  secure 
to  your  children  the  advantages  of  a  good  education.  The  method  which  I 
believe  you  will  find  most  efficient,  has  been  thus  defined :  "A  tax  upon 
the  property  of  all  by  the  majority  for  the  education  of  all." 

I  My  first  reason  for  commending  this  as  the  best  method  of  providing 
for  the  education  of  your  children  is,  that  the  people  who  have  been  edu- 
cated under  it  for  two  hundred  years,  are  distinguished  for  personal  inde- 
pendence, general  intelligence,  great  industry,  economy  and  prosperity,  and 
a  wide  diffusion  of  the  comforts  and  enjoyments  of  domestic  life.    The  truth 


2l8  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

of  this  remark  in  reference  to  the  character  and  condition  of  the  people  ot 
the  New  England  States,  will,  1  presume,  be  disputed  by  none.  If  their 
system  of  civil  government  be  thought  less  favorable  to  the  cultivation  and 
exercise  of  some  of  the  higher  virtues  than  that  which  we  enjoy,  the  efficacy 
of  their  school  system  is  the  more  apparent  under  circumstances  of  compara- 
tive disadvantage.  I  will  give  the  origin  of  this  school  system  in  the  words 
of  the  English  "Quarterly  Journal  of  Education" — published  under  the 
superintendence  of  the  society  for  the  diffusion  of  useful  knowledge,  and  at 
a  time  when  Lxjrd  Brougham  was  Chairman,  and  Lord  John  Russell,  Vice- 
Chairman  of  the  Committee: 

"  The  first  hint  of  this  system  —  the  great  principle  of  which  is,  that  the 
property  of  all  shall  be  taxed  by  the  majority  for  the  education  of  all  — 
is  to  be  found  in  the  records  of  the  city  of  Boston  for  the  year  1635,  when, 
at  a  public  or  'body'  meeting,  a  school-master  was  appointed  'for  the  teach- 
ing and  nurturing  of  children  among  us,'  and  a  portion  of  the  public  lands 
given  him  for  his  support.  This,  it  should  be  remembered,  was  done  within 
five  years  after  the  first  peopling  of  that  little  peninsula,  and  before  the 
humblest  wants  of  its  inhabitants  were  supplied;  while  their  very  subsistence 
from  year  to  year,  was  uncertain;  and  when  no  man  in  the  colony  slept 
in  his  bed  without  apprehension  from  the  savages,  who  not  only  every- 
where crossed  on   their  borders,  but  still  dwelt  in  the  midst  of  them. 

"This  was  soon  imitated  in  other  villages  and  hamlets  springing  up  in 
the  wilderness.  Winthrop,  the  earliest  Governor  of  the  colony,  and  the 
great  patron  of  Free  Schools,  says  in  his  journal  under  date  of  1645, 
that  divers  Free  Schools  were  erected  in  that  year  in  other  towns,  and 
that  in  Boston  it  was  determined  to  allow  forever  £50  a  year  to  the  master, 
with  a  house,  and  £30  to  an  usher.  But  thus  far  only  the  individual  towns 
had  acted.  In  1647,  however,  the  Colonial  Assembly  of  Massachusetts 
made  provisions,  by  law,  that  every  town  in  which  there  were  fifty  families, 
should  keep  a  Free  School,  in  which  reading  and  writing  could  be  taught; 
and  every  town  where  there  were  one  hundred  families,  should  keep  a 
school  where  youth  could  be  prepared  in  Latin,  Greek  and  Mathematics,  for 
the  College  or  University,  which  in  1638,  had  been  established  by  the  same 
authority  at  Cambridge.  In  1656  and  1672,  the  colonies  of  Connecticut  and 
New  Haven,  enacted  similar  laws ;  and  from  this  time  the  system  spread 
with  the  extending  population  of  that  part  of  America,  until  it  became  one 
of  its  settled  and  prominent  characteristics,  and  has  so  continued  to  the 
present  day." 

I  will  now  present  the  character  of  this  system  in  the  words  of  those  who 
best  understand  it.  That  great  American  Statesman,  Daniel  Webster,  received 
his  early  training  in  a  Free  School,  and  stated  on  one  occasion,  that  had 
he  as  many  children  as  old  Priam  himself,  he  would  send  them  all  to  the 
Free  School.  Mr  Webster,  in  his  published  speech  on  the  Constitution  of 
Massachusetts,  expresses  himself  on  the  Free  School  system,  in  the  follow- 
ing words: 

"  In  this  particular,  New-England  may  be  allowed  to  claim,  I  think,  a  merit 
of  a  peculiar  character.  She  early  adopted  and  has  constantly  maintained  the 
principle,  that  it  is  the  undoubted  right,  and  the  bounden  duty  of  govern- 
ment, to  provide  for  the  instruction  of  all  youth.    That  which  is  elsewhere 


FREE  SCHOOLS  219 

left  to  chance,  or  to  charity,  we  secure  by  law.  For  the  purpose  of  public 
instruction,  we  hold  every  man  subject  to  taxation  in  proportion  to  his 
property,  and  we  look  not  to  the  question,  whether  he  himself  have,  or 
have  not,  children  to  be  benefited  by  the  education  for  which  he  pays.  We 
regard  it  as  a  wise  and  liberal  system  of  police,  by  which  property  and  life, 
and  the  peace  of  society  are  secured.  We  seek  to  prevent,  in  some  measure, 
the  extension  of  the  penal  code,  by  inspiring  a  salutary  and  conservative 
principle  of  virtue  and  knowledge  in  an  early  age.  We  hope  to  excite  a 
feeling  of  respectability  and  a  sense  of  character,  by  enlarging  the  capacity, 
and  increasing  the  sphere  of  intellectual  enjoyment.  By  general  instruction, 
we  seek,  as  far  as  possible,  to  purify  the  whole  moral  atmosphere;  to  keep 
good  sentiments  uppermost,  and  to  turn  the  strong  current  of  feeling  and 
opinion,  as  well  as  the  censures  of  the  law,  and  the  denunciations  of  religion, 
against  immorality  and  crime.  We  hope  for  a  security,  beyond  the  law,  and 
above  the  law,  in  the  prevalence  of  enlightened  and  well-principled  moral 
sentiment.  We  hope  to  continue  and  prolong  the  time,  when,  in  the  villages 
and  farm-houses  of  New  England,  there  may  be  undisturbed  sleep  within 
unbarred  doors.  And  knowing  that  our  government  rests  directly  on  the 
public  will,  that  we  may  preserve  it,  we  endeavor  to  give  a  safe  and  proper 
direction  to  that  public  will.  We  do  not,  indeed,  expect  all  men  to  be  phil- 
osophers or  statesmen;  but  we  confidently  trust,  and  our  expectation  of  the 
duration  of  our  system  of  government  rests  on  that  trust,  that  by  the  diffusion 
of  general  knowledge  and  good  and  virtuous  sentiments,  the  political  fabric 
may  be  secure,  as  well  against  open  violence  and  overthrow,  as  against  the 
slow  but  sure  undermining  of  licentiousness." 

The  Honorable  Edward  Everett, —  late  President  of  Harvard  University, 
late  Governor  of  the  State  of  Massachusetts,  and  late  American  Ambassador 
to  England  —  remarks  as  follows,  in  his  Address  on  the  "Advantage  of 
Useful  Knowledge  to  working  men :" 

"  Think  of  the  inestimable  good  conferred  on  all  succeeding  generations 
by  the  early  settlers  of  America,  who  first  established  the  system  of  Public 
Schools,  where  instruction  should  be  furnished  gratis,  to  all  the  children  in 
the  community.  No  such  thing  was  before  known  in  the  world.  There 
were  Schools  and  Colleges  supported  by  funds  which  had  been  bequeathed 
by  charitable  individuals;  and  in  consequence,  most  of  common  Schools  of 
this  kind  in  Europe  were  regarded  as  establishments  for  the  poor.  So  deep- 
rooted  is  this  idea,  that  when  I  have  been  applied  to  for  information  as  to 
our  Public  Schools  from  those  parts  where  no  such  system  exists,  I  have 
frequently  found  it  hard  to  obtain  credit,  when  I  have  declared,  that  there 
was  nothing  disreputable  in  the  public  opinion  here,  in  sending  children  to 
schools  supported  at  the  public  charge.  The  idea  of  Free  Schools  for  the 
whole  people,  when  it  first  crossed  the  minds  of  our  forefathers,  was  entirely 
original;  and  how  much  of  the  prosperity  and  happiness  of  their  children 
and  posterity  has  flowed  from  this  living  spring  of  public  intelligence." 

The  following  extracts  from  the  Annual  School  Reports  of  1847  and  1848, 
prepared  by  Secretary  of  the  Massachusetts  Board  of  Education,  deserves 
special  attention,  as  well  for  the  beauty  of  their  language  as  for  the  noble- 
ness of  the  sentiments  which  they  express : 

"The  present  year  (1847)  completes  the  second  century  since  the  Free 
Schools  of  Massachusetts  were  first  established,    In  i647>  when  a  few  scat- 


220  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

tered  and  feeble  settlements,  almost  buried  in  the  depths  of  the  forests, 
were  all  that  constituted  the  Colony  of  Massachusetts,  when  the  entire  popu- 
lation consisted  of  twenty-one  thousand  souls;  when  the  external  means  of 
the  people  were  small,  their  dwellings  humble,  and  their  raiment  and  sub- 
sistence scanty  and  homely;  when  the  whole  valuation  of  all  the  colonial 
estates,  both  public  and  private,  would  hardly  equal  the  inventory  of  many 
a  private  individual  at  the  present  day;  when  the  fierce  eye  of  the  savage 
was  nightly  seen  glaring  from  the  edge  of  the  surrounding  wilderness,  and 
no  defence  or  succor  was  at  hand;  it  was  then,  amid  all  these  privations 
and  dangers,  that  the  Pilgrim  Fathers  conceived  the  magnificent  idea  of  a 
Free  and  Universal  Education  for  the  people;  and,  amid  all  their  poverty, 
they  stinted  themselves  to  still  scantier  pittance;  amid  all  their  toils,  they 
imposed  upon  themselves  still  more  burdensome  labors;  amid  all  their  perils, 
they  braved  still  greater  dangers,  that  they  might  find  the  time  and  the 
means  to  reduce  their  grand  conception  to  practice.  Two  divine  ideas 
filled  their  great  hearts, —  their  duty  to  God  and  to  posterity.  For  the  one, 
they  built  the  Church;  for  the  other,  they  opened  the  School.  Religion  and 
Knowledge ! — two  attributes  of  the  same  glorious  and  eternal  truth, — and 
that  truth,  the  only  one  on  which  immortal  or  mortal  happiness  can  be 
securely  founded. 

"As  an  innovation  upon  all  pre-existing  policy  and  usages,  the  establish- 
ment of  Free  Schools  was  the  boldest  ever  promulgated,  since  the  commence- 
ment of  the  Christian  Era.  As  a  theory,  it  could  have  been  refuted  and 
silenced  by  a  more  formidable  array  of  argument  and  experience  than  was 
ever  marshalled  against  any  other  opinion  of  human  origin.  But  time  has 
ratified  its  soundness.  Two  centuries  now  proclaim  it  to  be  as  wise  as  it 
was  courageous,  as  beneficent  as  it  was  disinterested.  It  was  one  of  those 
grand  mental  and  moral  experiments  whose  effects  cannot  be  determined 
in  a  single  generation.  But  now,  according  to  the  manner  in  which  human 
life  is  computed,  we  are  the  sixth  generation  from  its  founders,  and  have 
we  not  reason  to  be  grateful  both  to  God  and  man  for  its  unnumbered 
blessings?  The  sincerity  of  our  gratitude  must  be  tested  by  our  eflForts  to 
perpetuate  and  improve  what  they  established." — (Tenth  Annual  Report  of 
the  Board  of  Education,  for  1847,  pp.  107,  108.) 

"  The  Massachusetts  school  system  represents  favorably  the  system  of  all 
the  New  England  States.  Not  one  of  them  has  an  element  of  prosperity 
or  of  permanence,  of  security  against  decay  within,  or  the  invasion  of  its 
rights  from  without,  which  ours  does  not  possess.  Our  law  requires  that 
a  school  should  be  sustained  in  every  town  in  the  State, —  even  the  smallest 
and  the  poorest  not  being  excepted;  and  that  this  school  shall  be  as  open 
and  free  to  all  the  children  as  the  light  of  day,  or  the  air  of  heaven.  No 
child  is  met  at  the  threshold  of  the  school  house  door,  to  be  asked  for  money, 
or  whether  his  parents  are  native  or  foreign,  whether  or  not  they  pay  a  tax, 
or  what  is  their  faith.  The  school-house  is  common  property.  All  about 
it  are  enclosures  and  hedges,  indicating  private  ownership  and  forbidding 
intrusion;  but  there  is  a  spot  which  even  rapacity  dares  not  lay  its  finger 
upon.  The  most  avaricious  would  as  soon  think  of  monopolizing  the  summer 
cloud,  as  it  comes  floating  up  from  the  west  to  shed  its  treasures  upon  the 
thirsty   earth,   as   of   monopolizing   these   fountains  of   knowledge.     Public 


FREE   SCHOOLS  221 

opinion, —  that  sovereign  in  representative  governments, —  is  in  harmony  with 
the  law.  Not  unfrequently  there  is  some  private  opposition,  and  occasionally 
it  avows  itself  and  assumes  an  attitude  of  hostility;  but  perseverance  on  the 
part  of  the  friends  of  progress  always  subdues  it,  and  the  success  of  their 
measures  eventually  shame  it  out  of  existence." — (Eleventh  Annual  Report, 
1848,  pp.  88,  89.) 

"  It  is  a  gratifying  circumstance  that  many  of  our  sister  States,  convinced 
by  our  success,  have  followed  our  example;  and  at  the  present  time,  in  the 
rich  and  populous  County  of  Lancashire,  in  England,  a  movement  is  on 
foot,  led  on  by  some  of  the  best  men  in  the  United  Kingdom,  whose  object 
is  to  petition  Parliament  for  a  charter,  empowering  that  county  to  establish 
a  system  of  Free  Schools,  on  a  basis  similar  to  ours." —  (lb.  p.  24) 

These  extracts  contain  the  testimony  of  the  most  competent  witnesses  as 
to  the  principles  and  efficiency  of  the  Free  School  system;  while  the  well 
known  character  of  the  New-England  people,  for  self-reliance,  economy, 
industry,  morality,  intelligence  and  general  enterprise,  is  a  sufficient  illus- 
tration of  the  influence  and  tendency  of  the  system,  even  under  the  admitted 
disadvantage  of  a  defective  Christianity  and  a  peculiar  form  of  government. 
What  such  a  system  of  schools  has  accomplished  in  the  less  genial  climate 
of  New  England  under  such  circumstances,  will  it  not  accomplish  in  Upper 
Canada  under  more  favorable  circumstances?  It  is  worthy  of  remark,  that 
in  no  state  or  city  where  the  Free  School  system  has  been  fairly  tried, 
has  it  ever  been  abandoned.  The  inhabitants  of  New-England  who  have 
tried  it  for  two  centuries,  (and  they  are  second  to  no  people  in  their  rigid 
notions  of  economy  and  individual  rights,)  regard  it  as  the  greatest  blessing 
which  their  country  enjoys,  and  her  highest  glory.  Other  cities,  towns  and 
states,  are  adopting  the  New-England  system  of  supporting  schools  as  fast 
as  they  become  acquainted  with  its  principles  and  operations. 

2  This  is  also  the  most  effectual  method  of  providing  the  best,  as  well 
as  the  cheapest,  school  for  the  youth  of  each  School  Section.  Our  Schools 
are  now  often  poor  and  feeble,  because  a  large  portion  of  the  best  educated 
inhabitants  stand  aloof  from  them,  as  unworthy  of  their  support,  as  unfit  to 
educate  their  children.  Thus  the  Common  Schools  are  frequently  left  to  the 
care  and  support  of  the  least  instructed  part  of  the  population  and  are 
then  complained  of  as  inferior  in  character  and  badly  supported.  The  Free 
School  system  makes  every  man  a  supporter  of  the  School  according  to 
his  own  property.  All  persons  —  and  especially  the  more  wealthy  —  who 
are  thus  identified  with  the  School,  will  feel  interested  in  it;  they 
will  be  anxious  that  their  contributions  to  the  School  should  be  as  effective 
as  possible,  and  that  they  themselves  may  derive  all  possible  benefit  from  it. 
When  all  the  inhabitants  of  a  School  Section  thus  become  concerned  in  the 
School,  its  character  and  efficiency  will  inevitably  be  advanced.  The  more 
wealthy  contributors  will  seek  to  make  the  School  fit  and  efficient  for  the 
English  education  of  their  own  children ;  the  Trustees  will  be  under  no 
fears  from  the  disinclination  or  opposition  of  particular  individuals  in  employ- 
ing a  suitable  teacher  and  stipulating  his  salary;  and  thus  is  the  foundation 
laid  for  a  good  School,  adapted  to  all  the  youth  of  the  section.  The 
character  of  the  School  will  be  as  much  advanced  as  the  expense  of  it  so 
individual  parents  will  be  diminished;  the  son  of  the  poor  man,  equally  with 
the  son  of  the  rich  man,  will  drink  from  the  stream  of  knowledge  at  the 


222  THE   UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

common  fountain,  and  will  experience  corresponding  elevation  of  thought, 
sentiment,  feeling  and  pursuit.  Such  a  sight  cannot  fail  to  gladden  the 
heart  of  Christian  Humanity. 

3  The  Free  School  system  is  the  true,  and  I  think  only  effectual  remedy 
for  the  pernicious  and  pauperising  system  which  is  at  present  incident  to  our 
Common  Schools.  Many  children  are  now  kept  from  School  on  the  alleged 
grounds  of  parental  poverty.  How  far  this  excuse  is  well  founded,  is 
immaterial  to  the  question  in  hand;  of  the  fact  of  the  excuse  itself,  and 
of  its  wide  spread  biasing  influence,  there  can  be  no  doubt.  Trustees  of 
Schools  are  also  invested  with  authority  to  exonerate  poor  parents,  desirous 
of  educating  their  children,  from  the  payment  of  a  School  Rate-bill  —  an 
additional  amount  of  Rate-bill  being  imposed  on  the  more  wealthy  parents  of 
children  attending  the  school,  in  order  to  make  up  the  deficiencies  occasioned 
by  the  exemption  of  the  poorer  parents.  Such  parents  are  thus  invested  with 
the  character  of  paupers ;  their  children  are  educated  as  pauper  children ; 
while  other  parents,  sooner  than  attach  to  themselves  and  children  such  a 
designation,  will  keep  their  children  from  the  School  altogether  —  thus 
entailing  upon  them  the  curse  of  ignorance,  if  not  of  idleness,  in  addition 
to  the  misfortune  of  poverty.  Now,  while  one  class  of  poor  children  are 
altogether  deprived  of  the  benefits  of  all  education  by  a  parental  pride  or 
indifference,  the  other  class  of  them  are  educated  as  paupers  or  as  ragged 
Scholars.  Is  it  not  likely  that  children  educated  under  this  character,  will 
imbibe  the  spirit  of  it?  If  we  would  wish  them  to  feel  and  act  and  rely 
upon  themselves  as  free  men  when  they  grow  up  to  manhood,  let  them 
be  educated  in  that  spirit  when  young.  Such  is  the  spirit  of  the  Free 
School  system.  It  banishes  the  very  idea  of  pauperism  from  the  School. 
No  child  comes  there  by  sufferance;  but  every  one  comes  there  upon  the 
g'round  of  right.  The  poor  man  as  well  as  the  rich  man  pays  for  the 
support  of  the  School  according  to  his  means;  and  the  right  of  his  son  to 
the  School  is  thus  as  legal  as  that  of  the  rich  man's  son.  It  is  true  the  poor 
man  does  not  pay  as  large  a  tax  in  the  abstract  as  his  rich  neighbor;  but  that 
does  not  the  less  entitle  him  to  the  protection  of  the  law ;  nor  should  it  less 
entitle  him  to  the  advantages  provided  by  law  for  the  education  of  his  chil- 
dren. The  grovelling  and  slavish  spirit  of  pauperism  becomes  extinct  in  the 
atmosphere  of  the  Free  School.  Pauperism  and  poor  laws  are  unknown  in 
Free-School  countries;  and  a  system  of  Free  Schools  would,  in  less  than 
half  a  century,  supercede  their  necessity  in  any  country. 

4  The  system  of  Free  Schools  makes  the  best  provision  and  furnishes 
the  strongest  inducements  for  the  education  of  every  youth  in  each  School 
Section  of  the  land.  To  compel  the  education  of  children  by  the  terror  of 
legal  pains  and  penalties,  is  at  variance  with  my  ideas  of  the  true  method 
of  promoting  universal  education ;  but  to  place  before  parents  the  strongest 
motives  for  educating  their  children,  and  to  provide  the  best  facilities  for 
that  purpose,  is  alike  the  dictate  of  sound  policy  and  Christian  patriotism. 
The  Quarterly  Rate-bill  system  holds  out  an  inducement  and  temptation  to 
a  parent  to  keep  his  child  from  the  School.  The  parents  temptation  and 
difficulty  is  increased  in  proportion  to  the  number  of  children  he  has  to  edu- 
cate. The  Rate-bill  is  always  sufficient  to  tempt  the  indifferent  parent  to 
keep  his  child  or  children  from  the  School;  it  often  compels  the  poor  man 
to  do  so,  or  else  to  get  them  educated  as  paupers.    In  proportion  to  the  small- 


FREE   SCHOOLS  223 

ness  of  the  School  will  be  the  largeness  of  the  Rate-bill  on  each  of  the  few 
supporters  of  it,  in  order  to  make  up  the  salary  of  the  Teacher;  and  as  the 
School  diminishes  in  pupils  will  the  Rate-bill  increase  on  those  that  remain. 
The  withdrawment  of  each  pupil  from  the  School  lessens  the  resources  of 
the  Trustees  to  fulfil  their  engagement  with  the  Teacher,  and  increases  the 
temptation  to  others  to  remove  their  children  also.  Thus  are  Trustees  often 
embarrassed  and  perplexed  —  Teachers  deprived  of  the  just  fruits  of  their 
labors  —  good  Teachers  retiring  and  poor  ones  substituted  —  Schools  often 
closed,  and  hundreds  and  thousands  of  children  left  without  School  instruc- 
tion of  any  kind.  Now,  the  Free-School  system  of  supporting  Schools  puts 
an  end  to  most  of  these  evils.  A  rate  being  imposed  upon  each  inhabitant 
of  a  School  Section  according  to  his  means,  provision  is  at  once  made  for 
the  education  of  every  child  in  such  section.  Every  parent  feels  that  having 
paid  his  School-rate,  whether  little  or  much,  he  has  paid  what  the  law 
requires  for  that  year's  Common  School  education  of  all  his  children,  and 
that  they  are  all  entitled  by  law  to  the  benefits  of  the  School.  However 
poor  a  man  may  be,  having  paid  what  the  law  requires,  he  can  claim  the 
education  of  his  children  as  a  legal  right,  and  not  supplicate  it  as  a  cringing 
beggar.  His  children  go  to  the  School,  not  in  the  character  and  spirit  of 
ragged  pauperism,  but  in  the  ennobling  spirit  of  conscious  right,  and  on  equal 
vantage  ground  with  others.  Each  parent  feeling  that  he  has  paid  for  the 
education  of  his  children,  naturally  desires  that  they  may  have  the  benefit  of 
it.  While,  therefore,  the  quarterly  rate-bill  per  pupil  is  a  temptation  to  each 
parent  to  keep  his  children  from  the  School,  the  annual  School  rate  upon 
property  furnishes  each  parent  with  a  corresponding  inducement  to  send 
his  children  to  School,  relieving  Trustees  at  the  same  time  from  all  fear 
and  uncertainty  as  to  the  means  of  providing  for  the  Teacher's  salary.  It  is 
not,  therefore,  surprising  to  find  that  wherever  the  Free  School  system  has 
been  tried  in  Upper  Canada  or  elsewhere,  the  attendance  of  pupils  at  School 
has  increased  from  fifty  to  three  hundred  per  cent.  The  facilities  thus  pro- 
vided for  the  education  of  each  child  in  a  School  Section  will  leave  the  ignor- 
ant, careless,  or  unnatural  parent  without  excuse  for  the  educational  neglect 
of  his  children.  The  finger  of  universal  reproof  and  scorn  pointed  at  him 
will  soon  prove  more  powerful  than  statute  law,  and  without  infringing  any 
individual  right,  will  morally  compel  him,  in  connection  with  higher  con- 
siderations, to  send  his  children  to  School.  This  is  the  system  of  "  com- 
pulsory education  "  I  wish  to  see  every  where  in  operation  —  the  compulsion 
of  provision  for  the  universal  education  of  children  —  the  compulsion  of  their 
universal  right  to  be  educated  —  the  compulsion  of  universal  interest  in  the 
School  —  the  compulsion  of  universal  concentrated  opinion  in  behalf  of  the 
education  of  every  child  in  the  land.  Under  such  a  system,  in  the  course 
of  ten  years,  an  uneducated  Canadian  youth  would  be  a  monstrous 
phenomenon. 

5  The  system  of  Free  Schools  may  also  be  commended  upon  the  ground 
of  its  tendency  to  promote  unity  and  mutual  affection  among  the  inhabitants 
of  each  School  division.  The  imposition  of  quarterly  rate-bills  is  a  source 
of  frequent  neighborhood  disputes  and  divisions.  The  imposition  of  an 
annual  rate  upon  all  the  inhabitants  of  a  School  Section  according  to  prop- 
erty puts  an  end  to  quarterly  ratebill  disputes  and  divisions,  unites  the  feel- 
ings as  well  as  the  interests  of  all  in  one  object,  and  tends  to  promote  that 


224  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

unity  and  mutual  affection  which  a  unity  of  object  and  a  oneness  of  interest 
are  calculated  to  create.  The  care  and  interest  of  one  will  be  the  care  and 
interest  of  all  —  that  is,  to  have  the  best  School  possible ;  —  and  the  intel- 
lectual light  of  that  School,  like  the  material  light  of  heaven,  will  freely 
beam  upon  every  child  in  the  School  Section. 

6  I  think  the  system  of  Free  School  is,  furthermore,  most  consonant  with 
the  true  principles  and  ends  of  civil  government.  Can  a  more  noble  and 
economical  provision  be  made  for  the  security  of  life,  liberty  and  property, 
than  by  removing  and  preventing  the  accumulation  of  that  ignorance  and 
its  attendant  vices  which  are  the  great  sources  of  insecurity  and  danger,  and 
the  invariable  pretext  if  not  justification  of  despotism?  Are  any  natural 
rights  more  fundamental  and  sacred  than  those  of  children  to  such  an  edu- 
cation as  will  fit  them  for  their  duties  as  citizens?  If  a  parent  is  amenable 
to  the  laws  who  takes  away  a  child's  life  by  violence,  or  wilfully  exposes  it 
to  starvation,  does  he  less  violate  the  inherent  rights  of  the  child  in  expos- 
ing it  to  moral  and  intellectual  starvation?  It  is  noble  to  recognize  this 
inalienable  right  of  infancy  and  youth  by  providing  for  them  the  means  of 
the  education  to  which  they  are  entitled, —  not  as  children  of  particular  fam- 
ilies, but  as  children  of  our  race  and  country.  And  how  perfectly  does  it 
harmonize  with  the  true  principles  of  civil  government,  for  every  man  to  sup- 
port the  laws  and  all  institutions  designed  for  the  common  good,  according 
to  his  ability.  This  is  the  acknowledged  principle  of  all  just  taxation;  and 
it  is  the  true  principle  of  universal  education.  It  links  every  man  to  his 
fellow-man  in  the  obligations  of  the  common  interests;  it  wars  with  that 
greatest,  meanest  foe  to  all  social  advancement  —  the  isolation  of  selfish 
individuality;  and  implants  and  nourishes  the  spirit  of  true  patriotism  by 
making  each  man  feel  that  the  welfare  of  the  whole  society  is  his  welfare  — 
that  collective  interests  are  first  in  order  of  importance  and  duty,  and  sepa- 
rate interests  are  second.  And  such  relations  and  obligations  have  their 
counterpart  in  the  spirit  and  injunctions  of  our  Divine  Christianity.  There, 
while  every  man  is  required  to  bear  his  own  burden  according  to  his  ability, 
the  strong  are  to  aid  the  weak,  and  the  rich  are  to  supply  the  deficiencies  of 
the  poor.  This  is  the  pervading  feature  and  animating  spirit  of  the  Chris- 
tian religion;  and  it  is  the  basis  of  that  system  of  supporting  public  Schools 
which  demands  the  contribution  of  the  poor  man  according  to  his  penury 
and  of  the  rich  man  according  to  his  abundance. 

7  But  against  this  system  of  Free  Schools,  certain  objections  have  been 
made;  the  principal  of  which  I  will  briefly  answer. 

IFirst  objection:  "The  Common  Schools  are  not  fit  to  educate  the  chil- 
dren of  the  higher  classes  of  society,  and  therefore  these  classes  ought  not 
to  be  taxed  for  the  support  of  the  Common  Schools." 

Answer  —  The  argument  of  this  object  is  the  very  cause  of  the  evil  on 
which  the  objection  itself  is  founded.  The  unnatural  and  unpatriotic  separa- 
tion of  the  wealthier  classes  from  the  Common  Schools,  has  caused  its  inef- 
ficiency and  alleged  degredation.  Had  the  wealty  classes  been  identified 
with  the  Common  Schools  equally  with  their  poorer  neighbors, —  as  is  the 
case  in  Free  School  countries  —  the  Common  School  would  have  been  fit 
for  the  education  of  their  children,  and  proportionably  better  than  it  now 
is  for  the  education  of  the  children  of  the  more  numerous  common  classes 
of   society.     In   Free   School   cities   and   states,   the   Common    Schools   are 


FREE   SCHOOLS  225 

acknowledged  to  be  the  best  elementary  Schools  in  such  cities  and  states; 
so  much  so,  that  the  Governor  of  the  State  of  Massachusetts  remarked  at 
a  late  School  celebration,  that  if  he  had  the  riches  of  an  Astor,  he  would 
send  all  his  children  through  the  Common  School  to  the  highest  institutions 
in  the  State.  If  the  wealthy  classes  can  support  expensive  Private  Schools, 
their  influence  and  exertions  would  elevate  the  Common  School  to  an  equal- 
ity with,  if  not  superiority  over,  any  Private  School,  at  less  expense  to  them- 
selves, and  to  the  great  benefit  of  their  less  affluent  neighbors.  The  support 
of  the  education  which  is  essential  for  the  good  of  all,  should  be  made 
obligatory  upon  all ;  and  if  all  are  combined  in  support  of  the  Common 
School,  it  will  soon  be  rendered  fit  for  the  English  education  of  all.  If  per- 
sons do  not  choose  to  avail  themselves  of  a  public  institution,  that  does  not 
release  them  from  the  obligations  of  contributing  to  its  support.  It  is  also 
worthy  of  remark,  that  the  Board  of  Trustees  in  each  city  and  incorporated 
town  in  Upper  Canada,  has  authority  to  establish  Male  and  Female  Primary, 
Secondary,  and  High  Schools,  adapted  to  the  varied  intellectual  wants  of 
each  city  and  town ;  while  in  each  country  School  Section,  it  requires  the 
united  means  of  intelligence  of  the  whole  population  to  establish  and  support 
one  thoroughly  good  school. 

Second  objection:  "It  is  unjust  to  tax  persons  for  the  support  of  a 
School  which  they  do  not  patronize,  and  from  which  they  derive  no  indi- 
vidual benefit." 

Answer  —  If  this  objection  be  well  founded,  it  puts  an  end  to  School-tax 
of  every  kind,  and  abolishes  School  and  College  endowments  of  every 
description ;  it  annihilates  all  systems  of  public  instruction,  and  leaves  educa- 
tion and  Schools  to  individual  caprice  and  inclination.  This  doctrine  was 
tried  in  the  Belgian  Netherlands  after  the  revolt  of  Belgium  from  Holland 
in  1830;  and  in  the  course  of  five  years,  educational  desolation  spread 
throughout  the  Kingdom,  and  the  Legislature  had  to  interfere  to  prevent 
the  population  from  sinking  into  semi-barbarism.  But  the  principle  of  public 
tax  for  Schools  has  been  avowed  in  every  School  Assessment  which  has 
ever  been  imposed  by  our  Legislature,  or  by  any  District  Council;  the  same 
principle  is  acted  upon  in  the  endowment  of  a  Provincial  University,  for 
such  endowment  is  as  much  public  property  as  any  part  of  the  public  annual 
revenue  of  the  country.  The  principle  has  been  avowed  and  acted  upon  by 
every  Republican  State  of  America,  as  well  as  by  the  Province  of  Canada 
and  the  countries  of  Europe.  The  only  question  is,  as  to  the  extent  to  which 
the  principle  should  be  applied  —  whetheil  to  raise  a  part  or  the  whole  of 
what  is  required  to  support  the  Public  School.  On  this  point  it  may  be 
remarked,  that  if  the  principle  be  applied  at  all,  it  should  be  applied  in  that 
way  and  to  that  extent  which  will  best  promote  the  object  contemplated  — 
namely,  the  sound  education  of  the  people;  and  experience,  as  well  as  the 
nature  of  the  case,  shows,  that  the  free  system  of  supporting  Schools  is  the 
most,  and  indeed  the  only,  effectual  means  of  promoting  the  universal  edu- 
cation of  the  people. 

I  remark  further  on  this  second  objection,  that  if  it  be  sound,  then  must 
the  institutions  of  government  itself  be  abandoned.  If  a  man  can  say,  I 
am  not  to  be  taxed  for  the  support  of  what  I  do  not  patronise,  or  from  which 
I  receive  no  individual  benefit,  then  will  many  a  man  be  exempted  from 
contributing  to  support  the  administration  of  justice,  for  he  does  not  pat- 

15 


226  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

ionise  either  the  Civil  or  Criminal  Courts ;  nor  should  he  pay  a  tax  for  the 
erection  and  support  of  jails,  for  he  seeks  no  benefit  from  them.  Should 
it  be  said,  that  jails  are  necessary  for  the  common  safety  and  welfare,  I 
answer,  are  they  more  so  than  Common  Schools?  Is  a  jail  for  the  confine- 
ment and  punishment  of  criminals  more  important  to  a  community  than  a 
School  for  education  in  knowledge  and  virtue?  In  all  good  governments  the 
interests  of  the  majority  are  the  rule  of  procedure;  and  in  free  governments 
the  voice  of  the  majority  determines  what  shall  be  done  by  the  whole  popu- 
lation for  the  common  interests,  without  reference  to  isolated  individual 
cases  of  advantage  or  disadvantage,  of  inclination  or  disinclination.  Does 
not  the  Common  School  involve  the  common  interests;  and  the  Free  School 
system  supposes  a  tax  upon  all  by  the  majority  for  the  education  of  all. 

I  observe  again  on  this  second  objection,  that  what  it  assumes  as  fact  is 
tiot  true.  It  assumes  that  none  are  benefitted  by  the  Common  School  but 
those  who  patronise  it.  This  is  lowest,  narrowest  and  most  selfish  view  of 
the  subject,  and  indicates  a  mind  the  most  contracted  and  grovelling.  This 
view  applied  to  a  Provincial  University,  implies  that  no  persons  are  bene- 
fitted by  it  except  Graduates;  applied  to  criminal  jurisprudence  and  its 
requisite  officers  and  prisons,  it  supposes  that  none  are  benefitted  by  them 
except  those  whose  persons  are  rescued  from  the  assaults  of  violence,  or 
whose  property  is  restored  from  the  hands  of  theft;  applied  to  canals,  har- 
bors, roads,  &c.,  this  view  assumes  that  no  persons  derive  any  benefit  from 
them  except  those  who  personally  navigate  or  travel  over  them.  The  fact 
is,  that  whatever  tends  to  diminish  crime  and  lessen  the  expenses  of  criminal 
jurisprudence,  enhances  the  value  of  a  whole  estate  of  a  country  or  district; 
and  is  not  this  the  tendency  of  good  Common  School  education?  And  who 
has  not  witnessed  the  expenditure  of  more  money  in  the  detection,  imprison- 
ment and  punishment  of  a  single  uneducated  criminal,  than  would  be  neces- 
sary to  educate  in  the  Common  School  half  a  dozen  children?  Is  it  not  better 
to  spend  money  upon  the  child  than  upon  the  culprit  —  to  prevent  crime 
rather  than  punish  it?  Again,  whatever  adds  to  the  security  of  property  of 
all  kinds  increases  its  value ;  and  does  not  the  proper  education  of  the  people 
do  so?  Whatever  also  tends  to  develope  the  physical  resources  of  a  country, 
must  add  to  the  value  of  property ;  and  is  not  this  the  tendency  of  the  educa- 
tion of  the  people?  Is  not  education  in  fact  the  power  of  the  people  to  make 
all  the  resources  of  their  country  tributary  to  their  interests  and  comforts? 
And  is  not  this  the  most  obvious  and  prominent  distinguishing  feature  be- 
tween an  educated  and  uneducated  people  —  the  power  of  the  former,  and 
the  powerlessness  of  the  latter,  to  develope  the  resources  of  nature  and 
providence,  and  make  them  subservient  to  human  interests  and  enjoyments? 
Can  this  be  done  without  increasing  the  value  of  property?  I  verily  believe, 
that  in  the  sound  and  universal  education  of  the  people,  the  balance  of  gain 
financially  is  on  the  side  of  the  wealthier  classes.  If  the  poorer  classes  gain 
in  intellectual  power,  and  in  the  resources  of  individual  and  social  happiness, 
the  richer  classes  gain  proportionately,  I  think  more  than  proportionately,  in 
the  enhanced  value  of  their  property.  As  an  illustration,  take  any  two 
neighborhoods,  equal  in  advantages  of  situation  and  natural  fertility  of  soil 
—  the  one  inhabited  by  an  ignorant,  and  therefore  unenterprising,  grovelling, 
if  not  disorderly,  population;  the  other  peopled  with  a  well-educated,  and 
therefore  enterprising,  intelligent  and  industrious  class  of  inhabitants.     The 


FREE   SCHOOLS  227 

diflference  in  the  value  of  all  real  estates  in  the  two  neighborhoods  is  ten 
if  not  an  hundred-fold  greater  than  the  amount  of  school  tax  —  that  has  ever 
been  imposed  upon  it.  And  yet  it  is  the  School  that  makes  the  difference  in 
the  two  neighborhoods;  and  the  larger  the  field  of  experiments  the  more 
marked  will  be  the  difference.  Hence  in  Free-School  countries,  where  the 
experiment  has  been  so  tested  as  to  become  a  system,  there  are  no  warmer 
advocates  of  it  than  men  of  the  largest  property  and  the  greatest  intelligence 
—  the  profoundest  scholars  and  the  ablest  statesmen. 

It  has  also  been  objected,  that  the  lands  of  absentees  ought  not  to  be  taxed 
for  the  support  of  Schools  in  the  vicinity  of  such  lands.  I  answered,  the 
inhabitants  of  the  School  Sections  in  which  such  lands  are  situated  are  con- 
tinually adding  to  the  value  of  those  lands  by  their  labors  and  improvements, 
and  are  therefore  entitled  to  some  return,  in  the  shape  of  a  local  School-tax, 
from  such  absentee  landholders. 

The  objection  that  the  Free  School  system  is  a  pauperising  system,  has  been 
sufficiently  answered  and  exposed  in  a  preceding  part  of  this  address.  Such 
a  term  is  only  applicable  to  the  present  rate  bill  system,  as  I  have  shown; 
and  the  application  of  it  to  the  Free  School  system  is  an  exhibition  of  the 
sheerest  ignorance  of  the  subject,  or  a  pitiful  mancEuvre  of  selfishness  against 
the  education  of  the  working  classes  of  the  people.  History  is  unanimous 
in  the  assertion,  that  the  first  race  of  Niew-England  pilgrims  were  the  best 
educated  and  most  independent  class  of  men  that  ever  planted  the  standard  of 
colonization  in  any  new  country.  Yet  among  these  men  did  the  system  of 
Free  Schools  originate ;  by  their  free  and  intelligent  descendants  has  it  been 
perpetuated  and  extended;  their  universal  education  has  triumphed  over  the 
comparative  barrenness  of  their  soil  and  the  severity  of  their  climate,  and 
made  their  States  the  metropolis  of  American  manufacturers  and  mechanic 
arts,  and  the  seat  of  the  best  Colleges  and  Schools  in  America.  Nor  is  a 
page  of  their  educational  history  disfigured  with  the  narrative  of  a  "  Ragged 
School,"  or  the  anomaly  of  a  pauper  pupil. 

I  submit  then  the  great  question  of  Free  Schools,  or  of  universal  education, 
(for  I  hold  the  two  to  be  synonymous  in  fact,)  to  the  grave  consideration  of 
the  Canadian  public.  I  think  it  properly  appertains  to  the  inhabitants  of  each 
School  municipality  to  decide  for  themselves  on  this  subject.  I  desire  no 
further  Legislative  interference  than  to  give  the  inhabitants  of  each  School 
division  the  power  of  supporting  their  own  School  as  they  please.  Of  the 
result  of  their  inquiries  as  to  the  best  mode  of  supporting  their  School,  I 
have  no  doubt;  and  in  that  result  I  read  the  brightest  hope  and  the  greatest 
wealth  of  future  Canada. 

[Signed]  E.  Ryerson 

Education  Office, 

Toronto,  January,  1849 

N.  B.  I  have  taken  no  notice  of  the  objection  founded  upon  the  inequality 
and  injustice  of  the  assessment  laws,  in  regard  to  Cities  and  Towns  as  well  as 
country  School  Sections;  as  that  objection  lies  against  the  assessment  law, 
and  not  against  the  principle  of  the  Free  School  system;  and  as,  I  trust,  the 
imperfection  of  the  assessment  laws  will  be  shortly  remedied  by  Legislative 
enactment. 

[Signed]  E.  R. 

—  Journal  of  Education  for  Upper  Canada,  January,  1849 


228  THE    UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

The  Free  School  Act 

We  learn  from  the  Oxford  Times  that  the  citizens  of  that  village  have 
had  a  large  and  intelligent  meeting  to  discuss  the  merits  of  this  act  which 
is  to  be  submitted  to  the  people  at  the  November  Election.  After  ample 
discussion  the  act  was  approved  by  a  large  majority.  This  is  a  good  step 
and  should  be  followed  in  other  places. — The  act  will  no  doubt  become  a 
law  by  a  large  majority  of  the  voters  of  the  state;  and  it  will  be  a  measure 
which  will  reflect  a  lasting  honor  on  the  Whig  legislature  which  created  it. — 
Binghamton  Republican,  October  24,  1849 

The  Free  School  Act 

One  of  the  most  important  questions  to  be  decided  by  the  people  of  this 
State  is  the  Act  establishing  Free  Schools  throughout  this  State,  which  is 
to  be  submitted  to  them  at  the  approaching  election,  for  their  adoption  or 
rejection.  The  subject  of  Free  Schools  is  one  of  such  vital  interest  to  the 
well-being  of  every  community,  and  the  importance  of  general  education  so 
universally  conceded  that  we  doubt  the  necessity  of  saying  a  word  in  favor 
of  the  adoption  of  the  law  in  question,  to  those  who  so  fully  appreciate  the 
benefits  resulting  from  it,  as  the  people  of  Cayuga  county  undoubtedly  do. 
There  may  be  those,  however,  even  in  so  intelligent  a  community  as  this,  who 
from  various  circumstances  may  underestimate  the  advantages  of  Free 
Schools,  and  perhaps  even  be  opposed  to  them.  Amongst  this  latter  class 
may  be  those  whose  children  have  already  been  educated,  or  who  have  none 
to  educate,  whose  property  equally  with  those  who  have  large  families  must 
be  taxed.  But  we  imagine  there  are  very  few  comparatively,  who  are  so 
fortunate  as  to  have  educated  their  children,  or  so  unfortunate  as  to  be 
destitute  of  them,  an4  yet  whom  Providence  has  blessed  with  an  abundance 
of  this  world's  goods,  that  would  not  cheerfully  contribute  something  from 
their  abundance  towards  sustaining  a  system  which  shall  place  within  the 
reach  of  the  poor  as  well  as  the  wealthy  the  inestimable  blessings  of  Free 
Schools.  We  care  not  whether  the  rich  ever  avail  themselves  of  the  ad- 
vantages of  such  a  system  or  not.  Still  they  are  indirectly  benefitted  to  a 
degree  infinitely  beyond  the  paltry  sum  they  will  be  required  to  contribute 
towards  its  support.  Even  from  mere  selfish  considerations  they  are  more 
deeply  interested  in  the  subject  of  Universal  Education  than  those  for  whose 
immediate  benefit  they  are  taxed.  The  stability  of  our  government,  the 
rights  of  property,  the  welfare  of  society  and  indeed  the  very  existence  of 
our  free  institutions  depend  upon  the  virtue  of  the  people,  and  the  people 
are  virtuous  just  in  proportion  as  they  are  enlightened. 

But  we  doubt  not  that  most  of  those  to  whom  we  have  referred  will  cheer- 
fully contribute  their  mite,  towards  an  enlarged  and  liberal  system  of  educa- 
tion from  higher,  and  purer,  and  more  patriotic  movements  than  those  of  a 
selfish  character.  We  believe  there  is  benevolence  and  love  of  country 
enough  amongst  the  wealthier  portion  of  our  population  to  aid  not  only 
with  their  money  but  with  their  whole  influence  to  secure  to  the  entire  people 
of  this  State  the  great  benefits  contemplated  by  the  enlightened  act  of  last 
session.  At  any  rate  we  sincerely  hope  that  the  act  will  receive  the  cordial 
and  united  support  of  all  parties  and  sects,  and  of  the  rich  as  well  as  of  the 
poor.    Let  it  not  be  said  that  while  the  people  of  every  New  England  State, 


FREE  SCHOOLS  229 

of  Pennsylvania,  and  of  other  States  have  secured  to  their  children  the 
blessings  of  Free  Schools,  the  Empire  State  witholds  them  from  hers. — 
Editorial  from  Auburn  Daily  Advertiser,  copied  in  District  School  Journal, 
November,  1849 

Free  Schools 

In  most  of  the  cities  of  the  State  the  system  of  Free  Schools  has  been 
in  practical  operation  for  several  years  and  has  been  growing  in  popular 
favor  with  every  day's  experience.  A  large  portion  of  the  population  are 
thus  already  subjected  to  the  law,  and  their  condition  is  not  to  be  affected  by 
the  ratification  or  rejection  of  the  act  submitted  to  the  people;  the  only 
question  being  whether  it  shall  be  extended  to  the  rural  districts.  The 
objection  which  might  perhaps  have  been  anticipated  from  the  large  tax 
payers,  to  contributing  to  the  education  of  the  poor,  has  much  less  force 
in  the  country  than  in  the  cities,  from  the  fact  that  much  greater  general 
equality  of  property  exists  in  the  former,  and  they  hold  very  few  persons 
who  do  not  contribute  to  the  payment  of  taxes.  But  in  point  of  fact,  and  it 
is  highly  creditable  to  the  property  holders  of  the  cities,  very  few  indeed  of 
them  ever  made  the  objection,  although  their  real  estate  has  borne  heavy 
burdens  for  the  immediate  benefit  of  the  children  of  the  poor,  who  crowd  the 
lanes  and  allies  of  the  larger  towns.  Their  enlightened  self  interest  has 
taught  them  that  it  is  better  and  cheaper  to  pay  for  the  instruction  than  to 
pay  for  the  ignorance  of  the  children  of  poverty. 

There  is  no  reason  to  anticipate  that  the  people  of  the  agricultural  districts 
will  prove  less  sagacious  — ■  less  generous  they  will  prove,  because  the  demand 
upon  their  generosity  is  so  much  less,  from  the  comparative  paucity  of  the 
non-paying  recipients  of  public  instruction.  Indeed  the  collection  of  rate 
bills  from  those  unable  to  pay  them,  and  the  exemption  from  payment  of 
the  few  unable,  in  most  rural  districts,  serves  only  to  make  an  ungracious 
discrimination  between  different  classes  of  the  community,  to  remind  the 
poor  of  their  poverty,  and  to  impress  the  idea  that  they  are  the  objects  of 
charity  in  each  specific  instance.  The  difference  between  the  sum  contributed 
under  the  present  system  and  that  which  will  be  required  to  educate  all 
without  distinction,  would  rarely  pay  the  expense  wasted  in  the  proceedings 
to  designate  those  exempted  from  rate  bills,  and  to  collect  them  from  their 
more  fortunate  neighbors.  The  practical  management  of  common  schools 
will  be  greatly  simplified  by  the  proposed  change,  and  the  reputation  of  the 
State  abroad  advanced  by  the  formal  recognition  of  the  doctrine  long 
established  in  her  practice,  that  Education  is  a  right  as  universal  as  personal 
freedom. —  Buffalo  Commercial  Advertiser,  copied  in  District  School  Journal, 
November,  1849 

Vote  for  Free  Schools 

It  should  not  escape  the  minds  of  voters  that  one  of  the  most  important 
questions  presented  to  them  this  fall,  is  "  for  free  schools  "  or  "  against  free 
schools."  In  the  city,  we  enjoy  the  advantages  of  education  so  generally  that 
the  question  of  free  schools  for  the  rest  of  the  State  will  be  very  likely 
to  receive  little  attention.  But  the  want  of  a  law,  making  education  free 
to  all  is  severely  felt  in  the  remote  parts  of  the  State  and  the  generous 
supply  of  that  want  is  demanded  by  our  standing  as  republicans  and  civilized 
men.    In  some  parts  of  our  Union,  free  schools  are  universal  and  there  may 


230  THE   UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

be  seen  the  beneficial  effects  of  such  institutions  in  a  law  loving,  industrious 
and  happy  people,  who  appreciate  their  advantages  and  reward  the  liberality 
of  their  government  by  their  unexceptionable  conduct. —  Utica  Daily  Gazette, 
November  5.  1849 

The  Northern  Journal  under  date  of  November  28,  1849,  says  under  the 
following  title 

The  Free  School  Law 

We  shall  endeavor  to  answer  the  numerous  questions  about  the  result  of 
this  vote  next  week.    The  Utica  Gazette  gives  the  following: 

Hard  News  from  Buffalo. —  Williamsburgh,  Kings  County,  was  unani- 
mously in  favor  of  the  New  School  Law  —  not  a  vote  being  given  against 
it  in  the  village.  Buffalo  is  Ijeaten  by  three  votes.  In  these  days  of  close 
voting,  this  is  a  tremendous  victory. —  Northern  Journal,  November  28,  1849 

This  great  measure  —  the  making  of  the  Schools  of  the  State  of  New 
York  free  to  all  —  has  become  a  law  by  the  overwhelming  judgment  of  the 
people  of  the  State.  We  rejoice  most  sincerely  and  fully  at  the  successful 
result  of  this  issue.  Open  every  avenue  to  the  education  of  the  people  — 
throw  around  them  all  the  moral  and  religious  influences  which  .an  enlight- 
ened and  professedly  Christian  community  can  exert,  and  watch  the  rising 
generation  with  jealous  care.  The  next  age  will  achieve  a  national  glory 
of  peace  and  holy  progress  which  the  world  has  never  witnessed. 

The  vote  stands,  for,  249,872;  against,  91,951.  Majority  for  the  law, 
157,921. —  Northern  Journal,  December  12,  1849 

The  New  School  Law 

Mr  Editor: — Permit  me  to  inquire  through  your  paper  whether  the 
Legislature  can  rightfully  alter,  repeal  or  amend  the  Free  School  Act.  It 
contains  Jio  reserve  of  authority  by  its  terms,  and  the  people  in  tfieir  orig- 
inal and  sovereign  capacity  have  adopted  it.  They  are  the  Principal,  and 
the  Legislature  are  but  the  agent,  and  is  it  competent  for  the  latter  to  alter 
or  amend  the  proceedings  of  the  former?  The  People  previously  voted 
for  the  New  Constitution  and  adopted  it,  thereby  placing  that  beyond  the 
control  of  the  Legislature.  Now  they  have  in  like  manner  adopted  the 
Free  School  Act ;  and  is  not  this  also  placed  beyond  that  control  ?  It  is  a  prin- 
ciple almost  universal  that  the  same  authority  is  required  to  alter  or  amend 
as  is  required  to  make  or  to  do  an  act.  If  this  principle  applies  in  this  case, 
then  is  not  the  present  "  deformity,"  bearing  the  imposing  name  given  to 
the  Act,  fixed  upon  us  irremediably  until  the  People  shall  themselves  alter 
or  repeal  it? 

Yours 

H.  C. 
—  Rochester  Daily  Democrat,  December  27,  1849 


FREE  SCHOOLS  23I 

Chapter  7 

THE  FIGHT  FOR  RESUBMISSION 

In  spite  of  the  decisive  popular  verdict  in  the  general  election  in 
November  (1849)  where  the  people  expressed  their  approval  of  a 
free  school  law  by  a  majority  vote  of  157,921  (249,872  ballots  were 
cast  for,  and  91,571  against  the  bill)  considerable  hostility  was 
encountered  in  the  enforcement  of  the  law.  Superintendent  Morgan 
in  his  report  of  1850  comments  upon  the  question  as  follows : 

The  adoption  by  the  people  of  the  "Act  for  the  establishment  of  free 
schools  throughout  the  State,"  and  the  consequent  incorporation  of  its  pro- 
visions into  the  statutes  of  the  State  as  a  portion  of  our  common  school 
system,  constitutes  a  new  and  interesting  era  in  the  history  and  progress 
of  that  system.  Every  child  between  the  ages  of  five  and  twenty-one, 
residing  in  the  State,  is  entitled  to  free  and  gratuitous  education  in  the 
common  schools  now  established,  or  which  may  hereafter  be  established 
in  pursuance  of  law,  and  the  expense  of  such  education  beyond  the  annual 
appropriations  from  the  revenue  of  the  common  school  fund,  and  the  amount 
required  by  law  to  be  raised  by  the  respective  boards  of  supervisors  upon 
the  taxable  property  of  the  several  towns  and  counties  of  the  State,  is  to  be 
provided  by  taxation  upon  the  real  and  personal  estate  of  the  inhabitants 
of  the  respective  school  districts.  Whatever  difference  of  opinion  may  exist 
in  reference  to  the  particular  mode  of  levying  the  tax  thus  authorized  for 
the  universal  and  free  education  of  the  youth  of  the  State,  the  great  prin- 
ciple that  elementary  instruction  in  our  public  schools,  shall  from  hence- 
forth, be  free  to  all,  without  discrimination  or  restriction,  has  l^een  definitely 
settled,  and  may  be  regarded  as  beyond  the  reach  of  controversy.  The  cur- 
rent of  public  opinion  has  long  been  tending  towards  this  point,  and  in 
various  sections  of  the  State,  including  most  of  the  cities  and  several  of 
the  large  villages,  ample  provisions  have,  at  different  periods,  been  made 
for  the  free  and  gratuitous  education  of  the  young.  Wherever  the  system 
has  been  put  in  operation,  its  results  have  signally  vindicated  the  enlightened 
policy  by  which  it  was  dictated  and  gladdened  the  hearts  and  excited  the 
highest  hopes  of  the  philanthropist,  the  statesman  and  the  Christian.  It 
remains  only  that  the  efficient  cooperation  of  the  inhabitants  and  officers 
of  the  several  school  districts  be  secured  in  carrying  into  practical  effect  the 
provisions  of  the  new  system,  to  diffuse  throughout  every  section  of  the 
State  the  inestimable  blessings  of  a  sound  mental  and  moral  education. 

The  late  period  in  the  year,  at  which  the  new  law  went  into  operation, 
has  precluded  the  possibility  of  any  action  on  the  part  of  the  board  of 
supervisors  of  any  proportion  of  the  counties,  in  reference  to  the  raising 
of  the  additional  amount  of  public  money  required  by  the  provisions  for 
the  support  of  the  schools,  during  the  ensuing  year,  and  thereby  an  increased 
burden  of  taxation  might  at  first  view,  seem  to  be  cast  upon  the  inhabitants 
of  the  several  districts.  In  several  of  the  counties,  however,  the  necessary 
appropriation  has  been  already  made;  and  inasmuch  as  in  the  residue,  the 


232  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

required  amount,  whether  levied  by  the  action  of  the  board  of  supervisors 
and  collected  by  the  town  collector,  or  raised  by  a  district  vote  and  levied 
by  the  trustees,  will  be  equally  apportioned  upon  the  taxable  property  of 
those  who  are  liable,  and  may,  therefore,  as  well  be  paid  in  one  form  as  tht 
other,  no  permanent  or  serious  inconvenience  can  possibly  ensue.  The 
transition  from  the  former  system  to  the  new,  will  of  course,  be  attended  in 
its  first  stages  with  considerable  difficulty  and  embarrassment;  and  it  is  to 
be  apprehended,  that  in  very  many  of  the  districts,  the  means  of  supporting 
the  school  for  a  longer  period  than  four  months  will  be  withheld,  either 
from  the  disinclination  of  a  majority  of  the  legal  voters  to  impose  an 
amount  of  taxation  on  themselves,  beyond  that  which  the  law  absolutely 
requires,  without  regard  to  the  interests  and  welfare  of  the  schools,  or  from 
mistaken  views  of  the  legal  effect  of  their  refusal  to  vote  the  requisite  sup- 
plies for  a  longer  period.  In  many  sections  of  the  State,  the  opinion  is 
very  prevalent  that  the  omission  of  the  board  of  supervisors  to  raise  the 
additional  amount  of  public  money  required  by  the  new  law,  discharges  the 
inhabitants  of  the  respective  districts  from  all  obligations  to  proceed  under 
the  law:  in  others  it  is  supposed  that  in  the  absence  of  any  vote  of  the 
district  authorizing  a  tax  for  the  support  of  the  schools,  Trustees  will  be 
at  liberty  to  raise  the  requisite  amount  on  their  own  authority,  for  the 
maintenance  of  the  schools  for  four  months,  and  thereafter  to  resort  to  the 
system  of  rate  bills.  The  necessity,  also  of  providing  by  district  taxation 
for  the  payment  of  the  wages  of  teachers,  falling  due  subsequently  to  the 
period  when  the  new  law  went  into  operation,  although  for  services  in 
great  part  rendered  previously,  adds  to  the  embarrassments,  and  increases 
the  burdens  of  many  districts.  These,  with  various  other  difficulties,  inci- 
dent to  the  organization  of  a  new  and  hitherto  untried  system,  can  scarcely 
fail  of  exerting  an  unfavorable  influence  upon  its  operation  during  the  first 
year  of  its  administration.  The  belief  is,  however,  confidently  entertained 
that  as  soon  as  these  preliminary  and  unavoidable  embarrassments  are  fur- 
mounted,  the  requisite  amounts  of  public  money  duly  raised  in  the  several 
counties  of  the  State,  in  accordance  with  the  provisions  of  the  new  law, 
and  the  sound  judgment  of  the  inhabitants  of  the  several  districts  brought  to 
bear  upon  the  policy,  the  objects  and  the  design  of  the  law,  no  obstacles 
will  be  interposed  to  its  healthful  and  invigorating  action.  If  experience 
shall  discover  defects  in  any  of  its  provisions  —  and  perfection  is  the  attri- 
bute of  no  human  institution,  however  carefully  devised  —  the  Legislature 
will,  doubtless,  promptly  and  cheerfully  apply  the  necessary  remedy.  It  is, 
however,  due  to  the  enlightened  policy  which  dictated  the  law,  and  to  the 
clear  and  unequivocal  expression  of  the  popular  will  which  has  sanctioned 
its  enactments,  that  it  should  have  a  fair  opportunity  of  developing  its 
capabilities,  as  it  has  been  adopted,  before  any  material  change  in  its  features 
shall  be  attempted;  and  those  of  our  fellow-citizens  who,  by  their  votes  have 
given  validity  to  its  provisions  as  they  exist,  owe  it  to  themselves,  and  to 
the  cause  of  education,  cordially  and  cheerfully  to  unite  in  carrying  those 
provisions  into  effect  in  the  mode  best  adapted  to  secure  the  most  favor- 
able results.  Having  by  their  united  action  at  the  polls,  determined  that 
henceforth  the  benefits  and  blessings  of  elementary  education  shall  be 
freely  placed  at  the  disposal  of  every  child  of  suitable  age  residing  in  the 
State,  they  are  bound  by  every  consideration  of  public   duty  and  private 


FREE   SCHOOLS  233 

obligation  to  render  the  invaluable  boon  thus  conferred  upon  the  rising 
generation,  fully  attainable  and  efficient.  The  neceisity  for  any  subse- 
quent amendment  or  alteration  of  the  law,  if  any  such  necessity  should 
exist,  can  be  adequately  manifested  only,  by  a  faithful  adherence  in  the 
first  instance,  to  its  provisions  as  they  are;  by  which  alone  a  fair  test  can 
be  afforded  of  its  practical  utility. 

If,  however,  it  should  be  deemed  expedient  to  make  any  alteration  in 
the  law,  at  the  present  session,  the  extension  of  the  term  of  instruction  from 
four  to  eight  months,  where  the  inhabitants  refuse  to  vote  the  necessary 
estimates  for  the  support  of  schools  for  that  period,  is  respectfully 
recommended. 

In  view  of  the  important  principle  engrafted  by  the  new  law  upon  our 
system  of  public  instruction,  it  may  not  be  inappropriate,  in  concluding  this 
report,  briefly  to  examine  the  object,  aim  and  ends  of  that  Common  School 
education  which  has  been  secured  to  every  future  citizen  of  the  State;  what 
is  its  design  and  scope;  and  what  it  may  reasonably  be  expected  to  accom- 
plish in  the  suitable  preparation  of  these  who  are  to  participate  in  its 
advantages,  for  the  active  duties  and  responsibilities  of  life.  There  is  great 
danger,  on  the  one  hand,  that  the  friends  of  popular  education  may  place 
the  standard  of  practicable  attainment,  in  our  Common  Schools,  too  high, 
and  expect  from  them  more  than  under  the  most  favorable  auspices,  they 
are  capable  of  accomplishing;  and  on  the  other,  that  through  the  apathy 
and  indifference  of  portions  of  the  people,  and  a  failure  on  the  part  of 
those  most  interested,  to  secure  the  highest  attainable  grade  of  ability  in  the 
employment  of  teachers,  these  elementary  institutions  may  be  left  to  lan- 
guish and  to  fall  behind  the  intellectual  and  moral  requirements  of  the  age. 
It  must  be  kept  in  view  that  the  Common  School  is,  after  all,  but  the  por- 
tal to  the  great  temple  of  education ;  that  the  foundations  only,  of  knowledge, 
are  here  to  be  laid,  and  not  the  superstructure  itself  erected.  But  it  should 
also  be  remembered  that  these  foundations,  if  durably  and  comprehensively 
laid,  may  be  made  to  support  the  noblest  and  most  imposing  fabric  of 
human  greatness;  if  defectively  and  wrongly,  that  the  inevitable  result  will 
be  a  distorted,  imperfect,  or  vicious  character. 

I  To  enable  our  common  schools  adequately  to  accomplish  the  objects 
for  which  they  are  designed,  it  is  in  the  first  place  indispensably  requisite 
that  they  be  furnished  with  teachers  of  the  highest  practicable  grade  of 
qualifications.  To  this  end,  teaching  must  itself  be  elevated  to  the  rank  of 
a  science;  and  the  work  of  elementary  instruction  be  committed  to  the 
hands  of  those  only  who  have  prepared  themselves  for  its  proper  perform- 
ance by  a  thorough  course  of  intellectual  and  moral  culture.  Normal  schools, 
teachers  institutes  and  academical  departments,  for  the  preparation  of  teach^ 
ers,  should  be  liberally  encouraged  and  sustained,  both  by  the  Legislature 
and  the  people,  as  efficient  instrumentalities  for  supplying  this  important 
course  of  instruction,  and  furnishing  the  schools  of  our  State  with  com- 
petent teachers.  To  secure  the  services  of  these  teachers,  however,  and  to 
afford  adequate  encouragement  to  their  increase,  their  compensation  should 
be  liberal,  and  their  employment,  so  far  as  may  be  practicable,  permanent 
and  certain.  In  most  of  our  school  districts  the  practice  has  long  prevailed 
of  changing  the  teacher  with  nearly  each  successive  term.  This  practice 
is  injurious  to  all  concerned.    The  teacher  who  is  employed  for  one,  or,  at 


234  THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

most,  two  terms,  of  three  or  four  months  each,  however  well  qualified 
he  may  be,  and  however  desirous  of  promoting  the  advancement  of  the 
pupils  committed  to  his  charge,  can  rarely  succeed  in  communicating  the 
requisite  amount  of  instruction  in  the  various  branches  taught,  in  the  mode 
he  would  desire,  before  the  expiration  of  his  term;  nor  can  he  be  presumed 
to  take  that  interest  in  the  present  attainments  and  future  progress  of  his 
pupils  which  he  would  feel  if  he  was  more  permanently  connected  with  the 
school.  His  successor,  in  all  probability,  instead  of  carrying  on  the  course 
of  instruction  he  has  commenced  from  the  point  where  he  left  it,  marks  out 
for  himself  a  new  and  different  course;  and  with  each  new  term  of  the 
school,  the  course  of  instruction  is  essentially  changed,  and  much  of  the 
ground  already  gained  required  to  be  repeatedly  gone  over  upon  other  and 
different  principles.  Much  valuable  time  is  thereby  lost;  needless  expense 
incurred;  and  the  systematic  and  regular  growth  of  the  expanding  mind 
checked  and  retarded.  By  the  employment,  at  a  fair  and  liberal  compensa- 
tion, of  a  thoroughly  qualified  teacher  for  a  term  which  shall  enable  him 
judiciously  and  comprehensively  to  lay  the  foundations  of  knowledge  in 
the  minds  of  those  committed  to  his  charge,  and  systematically  to  develop 
their  faculties — passing  from  one  branch  of  instruction  to  another,  as  he 
shall  find  his  pupils  prepared  for  the  reception  of  additional  attainments  — 
a  very  large  proportion  of  the  time  now  comparatively  wasted  in  desultory 
and  aimless  acquirements,  would  be  gained  to  the  parent  and  the  child  — 
the  work  of  instruction  would  be  far  more  thoroughly  as  well  as  speedily 
accomplished  —  and  the  teacher  enabled  to  devote  himself  more  assiduously 
and  entirely  to  his  important  and  responsible  task,  in  the  consciousness  not 
only  that  his  labors  were  well  rewarded  and  properly  appreciated,  but  also 
that  his  own  welfare  and  reputation  were  indissolubly  connected  with  the 
success  of  his  undertaking. 

2  A  second  indispensable  requisite  to  the  efficiency  and  success  of  our 
common  schools,  is  the  regular  and  constant  attendance  of  every  child  not 
otherwise  suitably  provided  with  the  opportunities  and  means  of  instruction. 
It  should  be  the  aim  of  the  officers  and  inhabitants  of  each  school  district  in 
the  State,  to  make  the  common  school,  in  every  respect,  equal,  if  not  superior, 
to  any  other  institution  for  elementary  instruction,  and  thereby  to  secure,  if 
possible,  the  attendance  of  every  child  of  suitable  age,  and  with  it  the  per- 
sonal interest  and  exertions  of  the  parents.  The  means  provided  by  the 
beneficence  of  the  State  and  authorized  and  required  to  be  raised  by  county, 
town  and  district  taxation,  are  abundantly  adequate  to  the  accomplishment 
of  this  object;  and  there  can  be  no  good  reason  for  the  failure,  in  any 
instance,  to  place  the  district  school  upon  a  footing  of  equality,  at  least,  with 
the  most  favored  private  or  corporate  institution  of  learning.  Moreover  it 
is  most  in  accordance  with  the  evident  scope  and  design  of  all  our  republican 
institutions,  that  each  of  our  future  citizens  shall  participate  equally,  in  all 
respects,  in  the  facilities  afforded  by  the  laws  for  elementary  instruction ;  and 
it  is  not  to  be  disguised  nor  denied  that  the  distinction  heretofore  existing 
between  public  and  private  schools  —  between  the  common  and  the  select 
school,  has  operated  injudiciously  as  well  to  the  development  of  character 
as  to  the  opportunities  afforded  to  those  in  attendance  upon  them  respectively, 
for  future  usefulness  and  success.  The  withdrawal  from  the  common  school 
of  those  children,  whose  parents  have  been  in  a  condition  to  afford  them 


FREE  SCHOOLS  235 

advantages  of  a  higher  kind  than  was  there  to  be  found,  has  tended  to 
■weaken,  to  a  corresponding  extent,  the  power  and  resources  of  the  former, 
and  to  render  it  inadequate  to  the  intellectual  and  moral  wants  of  those  who 
were  left.  Invidious  distinctions  thus  made  between  the  children  of  the 
rich  and  the  poor,  have  been  perpetuated;  and  the  foundations  of  an  aris- 
tacracy,  not  recognized  by  our  institutions,  and  not  in  accordance  with  the 
public  sentiment  of  the  country,  have  been  insensibly  and  probably  undesign- 
edly laid.  This  state  of  things  should  no  longer  be  permitted  to  exist.  Let 
each  one  of  our  common  schools,  now  free  to  all,  be  made,  in  all  respects, 
nurseries  of  knowledge  and  virtue;  let  teachers  of  the  highest  attainable 
grade  of  qualifications,  be  permanently  placed  in  each;  let  all  the  influences 
which  radiate  from  these  elementary  institutions  upon  the  community  at 
large,  be  of  the  purest  and  most  healthful  kind;  and  let  all  the  children  of 
the  community,  without  discrimination  or  distinction,  be  there  taught,  side 
by  side,  and  on  a  footing  of  the  most  perfect  equality.  Then  shall  we  most 
completely  realize  the  true  theory  of  our  free  institutions  —  that  "  equality  of 
privileges  before  the  law  "  which  lies  at  the  foundation  of  our  government, 
and  which  is  the  only  equality  the  fathers  and  framers  of  our  Constitution  had 
in  view.  Then  will  an  opportunity  be  afforded,  for  the  free  development, 
under  the  same  favorable  auspices,  of  the  mental  faculties,  equally,  of  the 
most  obscure  child  of  poverty  and  misfortune,  and  the  most  favored  inheritor 
of  wealth  and  fortune ;  and  then  will  the  future  aristocracy  of  our  land  con- 
sist only  of  that  aristocracy  of  intellect  and  moral  worth  and  power,  before 
which  all  other  distinctions  "  pale  their  ineffectual  fires,"  and  which  all  good 
men  are  prepared  instinctively  to  reverence  and  respect. 

3  The  course  of  instruction  in  our  common  schools  should  be  systematized, 
and  as  far  as  practicable,  extended,  so  as  to  embrace  within  its  scope  all 
those  branches  of  study  necessary  or  desirable  for  completing  a  thorough 
English  education.  In  every  city  and  village  school  this  should  be  deemed 
indispensably  requisite.  In  the  rural  districts  it  can  scarcely  be  expected 
to  be  accomplished  to  the  same  extent ;  although  in  very  many  of  them,  much 
may  be  done,  under  proper  management,  to  carry  forward  the  pupils  from 
the  lower  to  the  higher  branches  in  a  much  shorter  period  than  has  hitherto 
been  found  practicable.  To  this  end,  Trustees  are  recommended,  in  con- 
junction with  the  Teacher  and  other  competent  persons,  to  mark  out  a  sys- 
tematic course  of  instruction,  embracing  a  period  of  at  least  five  or  six  years, 
and  comprehending  all  the  branches  of  a  good  English  education.  A  judi- 
cious and  well-considered  classification  of  the  various  pupils  in  attendance, 
should  then  be  made,  according  to  their  respective  attainments  and  capacities ; 
and  these  pupils,  after  having  thoroughly  completed  the  elementary  course, 
should  successively  be  drafted  into  the  more  advanced  classes,  and  their  places 
supplied  by  others.  This  course  of  instruction  should  be  steadily  and  faith- 
fully pursued,  however  frequent  may  be  the  change  of  teachers,  and  should 
be  varied  only  when  found  defective  or  incomplete.  Wherever  the  resources 
of  the  district  are  unequal  to  a  full  development  of  the  course  thus  marked 
out,  the  village,  central  or  high  school  of  the  town  should  afford  the  means 
and  the  opportunity  to  the  more  advanced  pupils  of  completing  it.  With  the 
exception  of  the  languages,  and  some  of  the  higher  branches  of  mathematics 
and  chemical  and  astronomical  science  no  sufficient  reason  is  perceived  why 
these  more  advanced  common  schools  may  not  include  within  their  range  of 


236  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

tuition  all  the  studies  now  ordinarily  pursued  in  our  Academies  and  other 
incorporated  Seminaries  of  learning.  The  employment  of  competent  and  well 
qualified  female  teachers,  in  the  weaker  districts,  will  probably  be  found  not 
only  the  most  economical,  but  the  best  and  soundest  policy  —  the  more 
advanced  scholars  participating  in  the  more  extended  advantages  of  the. 
Central  Town  School. 

Be  this  as  it  may,  there  can  be  no  doubt  of  the  practicability,  as  well  as 
policy,  of  a  thorough  and  complete  course  of  instruction  in  such  of  the  ele- 
mentary branches  as  may  be  included  within  the  plan  and  means  of  each 
district.  Whatever  is  taught  at  all,  should  be  well  taught.  The  first  principles 
of  knowledge  communicated  to  the  learner  should  be  firmly  imbedded  in  the 
mind,  and  the  foundation  of  the  future  superstructure  be  rendered  adequate 
to  any  subsequent  demand  upon  its  stability  and  strength.  Nothing  should 
be  permitted  to  be  superficially  or  imperfectly  passed  over.  The  period  of 
time  intervening  between  the  age  at  which  the  child  is  entitled  to  admission 
in  the  school  and  that  at  which  he  may  be  reasonably  expected  to  leave  it 
for  some  higher  institution,  is  sufficiently  long,  if  ordinarily  improved,  to 
embrace  within  its  range  a  complete  and  exact  mastery  of  all  the  elementary 
principles  of  human  knowledge:  and  it  is  due  to  each  one  of  the  eight  hun- 
dred thousand  children  for  whom  the  State  has  so  liberally  and  beneficially 
provided  the  means  of  education,  that  the  opportunities  thus  afforded  shall 
be  improved  to  the  best  possible  advantage  by  those  to  whom  is  committed  the 
administration  of  this  sacred  trust. 

4  In  enumerating  these  various  requisites  to  the  success  and  improvement 
of  the  common  schools  of  the  State,  it  has  been  assumed  that  a  sound  and 
pure  christian  morality  pervades  all  their  teachings.  The  education  of  the 
heart  must  ever  accompany  and  keep  pace  with  that  of  the  head.  Correct 
principles,  right  motives  and  good  habits  must  early  be  implanted  in  the  youth- 
ful mind,  and  "grow  with  its  growth  and  strengthen  with  its  strength,"  and 
every  influence  which  flows  from  the  elementary  school  must  be  elevating 
and  ennobling.  Too  much  care  cannot  be  taken  by  the  inhabitants  and  officers 
of  school  districts,  in  excluding  from  the  teacher's  desk  individuals  of  doubt- 
ful moral  character,  or  in  securing  the  services  of  those  whose  daily  lessons 
and  deportment  shall  inculcate  and  foster  the  great  truths  of  humanity, 
integrity,  conscientiousness  and  benevolence.  To  accomplish  this,  it  is  not 
necessary  that  the  pccuHar  or  sectarian  views  of  any  religious  denomination 
should  be  taught,  or  even  adverted  to;  nor  is  the  Common  School  the  proper 
place,  in  any  point  of  view,  to  enforce  the  distinctions  between  the  several 
rehgious  sects.  The  foundations  of  character,  usefulness  and  happiness  may 
be  laid  in  those  enduring  and  comprehensive  principles  of  christian  ethics 
and  morality  which  lie  without  and  above  the  pale  of  mere  theology;  and 
this  is  the  province  of  the  common  school,  so  far  as  its  means  are  adequate 
and  its  jurisdiction  extends. 

If,  therefore,  the  inhabitants  and  officers  of  the  several  school  districts 
will  avail  themselves  conscientiously  and  in  good  faith  of  the  provisions  so 
liberally  made  by  the  enlightened  and  comprehensive  policy  of  the  State  for 
the  support  of  elementary  schools,  they  may  reasonably  look  forward  to 
results  far  surpassing  the  most  sanguine  expectations  of  these  statesmen  and 
philanthropists  who  have  hitherto  so  indefatigably  exerted  themselves  for 
the  promotion  of  popular  education.    The  coming  generation  will  be  pre- 


FREE   SCHOOLS  237 

pared  to  enter  upon  the  varied  duties  incumbent  upon  them  with  faculties 
unclouded  by  ignorance,  and  with  principles  and  habits  undebased  by  vice. 
The  complicated  machinery  of  civilization  will  move  onward  to  the  accom- 
plishment of  its  majestic  destiny,  free  from  the  incessant  friction  of  selfish 
and  sinister  designs  —  the  enormous  expenditures  now  lavished  upon  the 
maintenance  and  support  of  criminal  jurisprudence,  prisons,  penitentiaries  and 
poor-houses;  will  be  transferred  to  objects  more  in  accordance  with  the 
spirit  of  the  age  —  and  we  shall  present  the  noble  spectacle  of  an  educated, 
enlightened,  virtuous  community,  fulfilling  a  mission  in  the  advancement 
of  our  common  humanity,  which  has  been  assigned  to  no  other  people,  in 
no  other  age  —  the  practical  realization  of  a  free  Republic,  all  whose  insti- 
tutions are  based  upon  the  intelligence  and  integrity  of  the  people. 

Press  Comment 

The  opposition  to  the  law  brought  up  again  the  question  of  re- 
submitting to  a  popular  vote  the  question  of  free  schools.  The  at- 
titude of  the  public  and  the  public  opinion  as  expressed  through  the 
press  in  regard  to  these  matters  is  best  illustrated  by  the  follow^ing 
newspaper  editorials  and  letters  which  appeared  during  the  early 
part  of  1850. 

Common  Schools 

The  great  change  that  has  taken  place  in  these  primary  institutions,  through 
the  action  of  the  people,  has  invested  them  with  unusual  importance.  The 
people  having  sanctioned  the  law  rendering  the  tuition  free,  the  schools  will 
move  forward  hereafter  in  a  channel  of  greater  usefulness  and  prosperity. 

The  Annual  Report  of  the  Superintendent  of  Common  Schools  —  a  very 
able  document  has  just  appeared.  .  .  .  The  report  discusses  a  variety  of  sub- 
jects connected  with  the  schools.  The  Superintendent  repudiates  the  idea 
that  the  people  who  have  voluntarily  in  one  year,  made  such  ample  provision 
for  schools  would  shrink  from  the  small  additional  amount  of  taxation 
imposed  by  the  new  law,  making  all  the  Schools  Free.  It  is  by  no  means  cer- 
tain that  the  burdens  will  be  increased  by  the  new  law,  but  if  they  should  be 
for  a  year  or  two  they  will  be  cheerfully  borne.  Like  all  new  experiments  the 
new  law  is  destined  to  meet  with  opposition  at  first.  It  will  work  awkwardly 
for  a  while;  but  when  all  parts  of  the  new  machinery  become  properly  ad« 
justed,  it  will  become  one  of  the  most  popular  measures  ever  sanctioned  by  the 
people.  .  .  .  The  new  free  school  law  is  commented  upon  at  considerable 
length  but  as  our  readers  are  already  acquainted  with  its  main  provisions,  it 
is  not  necessary  that  we  should  occupy  space  with  the  details. 

It  is  gratifying  to  know  that  in  the  men  who  have  for  the  past  two  or  three 
years  been  at  the  head  of  public  affairs,  the  cause  of  education  has  had  the 
warmest  of  friends,  the  superintendent,  Hon.  Christopher  Morgan,  and  his 
able  assistants,  have  exerted  themselves  diligently  in  favor  of  every  measure 
calculated  to  further  and  promote  the  interests  of  .the  cause.  They  have 
their  reward  in  the  grateful  hearts  of  the  people. —  Rochester  Daily  Democrat, 
January,  5,  1850 

Free  Schools  Inimical  to  Despotism 

The  first  free  school  ever  established  in  Prussia  was  opened  at  Berlin  by 
Dr  Edder.    It  was  closed  by  the  authorities  in  a  short  time,  and  he  was  for- 


238  THE   UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

bid  to  reopen  it  under  pain  of  fine  and  imprisonment.  We  occasionally  hear 
of  opponents  of  free  schools  in  this  country.  Let  them  profit  by  this  lesson 
taught  by  despotic  Prussia,  and  cherish  those  safeguards  of  freedom,  the 
common  schools. —  Rochester  Daily  Advertiser,  January  24,  1850 

The  Free  School  Law 

We  learn  that  much  embarrassment  is  experienced,  and  much  difiiculty 
likely  to  ensue,  in  many  of  the  school  districts  of  this  country,  in  consequence 
of  the  doubt  and  uncertainty  attending  some  of  the  provisions  of  the  new  law, 
as  applicable  to  the  position  in  which  the  districts  find  themselves  placed. 
The  trouble  grows  out  of  the  grossly  stupid  or  careless  manner  in  which  the 
law  was  constructed,  with  reference  to  the  situation  of  affairs  at  the  time 
when  it  should  go  into  operation.  We  speak  not  now  of  the  principle  of  the 
law  (that  alone,  without  regard  to  the  details,  was  passed  upon  by  the  voters,) 
but  the  law  itself,  as  providing  for  putting  in  operation  a  new  system  of 
school  education,  is  a  disgrace  to  anything  but  the  legislation  of  this  State 
for  the  last  two  years  —  of  that,  it  is  a  fair  sample  and  average.  It  con- 
tains scarce  a  provision  that  is  clear  and  explicit,  and  the  two  circulars  issued 
by  the  Superintendent  of  Common  Schools,  designed  to  aid  in  its  operation, 
seem  only  calclated  to  make  "  confusion  worse  confounded." 

It  would  be  interesting  to  notice  the  provisions  of  the  law,  the  recommenda- 
tions of  the  Superintendent  of  their  various  incongruities,  in  detail,  but  we 
have  only  time  and  space  to  allude  to  the  present  prominent  difficulties  that 
occur  in  the  operation  of  the  law.  The  first  action  under  it  was  required 
to  be  taken  by  the  board  of  supervisors  at  their  annual  meeting.  They  were 
required  to  levy  upon  the  county  a  sum  equal  to  the  amount  of  the  state 
school  money  apportioned  to  the  county,  upon  each  town  a  further  sum 
equal  to  the  state  school  money  apportioned  to  the  town;  and  on  this  required 
action  of  the  Supervisors,  is  based  the  whole  subsequent  process  of  provid- 
ing for  the  support  of  the  schools  by  the  districts,  for  the  year.  The  super- 
visors of  this  (as  well  as  other  counties)  not  having  levied  the  amounts 
required,  in  consequence  of  the  inopportune  time  at  which  the  law  was  made 
to  take  effect ;  their  powers  being  limited  to  the  annual  meeting,  and  that 
having  been  held  before  notification  of  the  adoption  of  the  law  was  given, 
a  deficiency  of  two-thirds  the  amount  upon  which  the  trustees  are  required 
to  base  their  estimates  and  the  districts  their  action,  exists,  and  the  question 
arises,  how  can  it  be  supplied,  and  what  can  the  districts  legally  do  in  the 
premises?  The  Superintendent,  in  his  circular  of  Nov.  20,  suggested  that  it 
could  "  be  raised  only  by  a  loan,  to  be  authorized  at  a  special  meeting  of  the 
board"  (of  supervisors,)  "to  be  added  to  the  amount  to  be  levied  on  the 
county  at  the  next  annual  meeting."  It  is  perhaps  sufficient  to  say  of  this, 
that  the  deacons  of  the  several  churches  would  be  just  as  legally  competent 
to  authorize  a  loan  and  bind  the  county  to  a  next  year's  tax  to  pay  it.  The 
Superintendent  probably  adopted  the  same  conclusion,  for  on  the  21st  Dec. 
he  issued  another  circular,  dropping,  tacitly,  the  project  of  a  loan,  and  advis- 
ing the  districts  that  when  the  supervisors  had  omitted  to  act,  the  estimates 
prepared  and  submitted  by  the  trustees,  "  must  be  based  on  the  existing 
apportionment  of  the  public  money;"  (that  is,  upon  the  amount  of  the  state 
money  alone,)  and  the  balance  requisite  for  the  support  of  the  schools 
for  the  year  "can  only  be  raised  by  a  district  tax."     But  is  this  position 


FREE   SCHOOLS  239 

any  more  correct  than  that  recommending  a  loan  by  the  supervisors?  Sec. 
3  of  the  free  school  act,  directs  the  trustees  to  prepare  "  an  estimate  of  the 
amount  of  money  necessary  to  be  raised  for  the  ensuing  year  —  exclusive 
of  the  public  money,  and  the  money  required  by  law  to  be  raised  by  the 
counties  and  towns  — "  and  so  much  of  said  estimate  "  as  shall  be  approved 
by  the  majority  of  the  voters  of  the  district,  in  the  manner  prescribed, — 
"shall  be  levied  and  raised  by  tax  on  said  district,"  etc.  In  case  the  district 
"  refuse  or  neglect  to  raise  by  tax,  a  sum  of  money  which,  added  to  the  pub- 
lic money,  and  the  money  raised  by  the  county  and  towns,  will  support  a 
school  for  at  least  four  months,"  the  trustees  are  authorized  by  section  6,  to 
employ  a  teacher  etc,  and  levy  the  expense,  in  the  manner  provided  in  sec.  3. 

It  will  be  seen  that  the  estimate  which  the  trustees  are  required  to  make, 
and  the  taxes  authorized  to  be  levied  upon  the  districts,  are  all  based  upon  the 
united  amount  of  the  state,  county  and  town  money  apportioned  to  the  dis- 
trict, and  are,  in  each  case,  for  the  purpose  of  raising  the  necessary  amount 
exclusive  of  the  state,  county  and  town  money.  Can  the  trustees  then,  adopt 
any  other  basis  for  their  action?  It  is  forcibly  contended  that  they  cannot — 
that  the  sums  required  by  the  law  to  be  raised  by  the  county  and  town,  not 
having  been  raised,  they  cannot  assume  some  unauthorized  amount  as  the 
starting  point,  and  levy  a  much  larger  tax  upon  the  district  than  the  law 
contemplates ;  —  and  that  when  the  Supervisors  did  not  levy  the  necessarj 
amounts  upon  the  counties  and  towns,  the  whole  machinery  of  the  sys- 
tem, as  regards  raising  the  necessary  means  in  the  districts  for  the 
school  purposes,  is  suspended,  until  another  annual  meeting  of  the  supervisors 
shall  recur,  or  legislation  shall  furnish  the  necessary  power  to  set  it  in  motion. 
The  opinions  and  constructions  of  the  superintendent  have  no  force,  to 
confer  powers,  or  legalize  acts  not  authorized  by  the  law  itself.  Under  such 
circumstances,  the  district  officers  having  the  matter  thrown  upon  their  hands, 
should  be  well  advised  as  to  their  course.  Many  consider  the  law  unjust  in 
operation,  and  doubtless  resist  the  pa3mient  of  taxes  which  are  believed  to  be 
illegal.     Indeed  we  have  heard  such  a  determination  repeatedly  expressed. 

It  is  much  to  be  regretted  that  a  law  effecting  so  vitally  the  interests  of 
every  neighborhood,  should  have  been  so  loosely  and  shabbily  made  up  — 
that  there  should  not  have  been  some  man  at  the  head  of  the  school  depart- 
ment, if  not  in  the  legislature,  to  impart  to  it  some  of  the  attributes  of  util- 
ity.—  Binghamton  Democrat,  January  31,  1850 

The  Free  School  Law 
The  practical  organization  of  the  new  system,  throughout  the  several  coun- 
tries, towns  and  school  districts  of  the  state,  is,  at  this  time,  the  subject 
of  very  general  interest.  There  are  numerous  and  formidable  embarrass- 
ments to  contend  with,  in  every  direction  —  embarrassments  unavoidably 
incidental  to  every  radical  change  in  previously  existing  systems  —  embar- 
rassments growing  out  of  the  necessary  imperfection  of  human  legisla- 
lation,  and  that  inability  to  forsee  those  numerous  contingencies  which 
experience  only  can  bring  to  light.  Thus  far,  however,  we  see  no  cause 
for  discouragement  or  alarm.  In  all  those  counties  —  some  twenty-five  or 
thirty  —  where  the  additional  amount  of  public  money  required  by  the  new 
law  has  been  raised  by  the  board  of  supervisors,  the  system  is  already  in  full 
and  beneficial  operation.    In  the  remaining  counties,  where  the  annual  sessions 


240  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

of  the  board  were  concluded  before  the  act  took  effect  as  a  law,  considerable 
opposition  has  been  manifested,  owing  to  the  necessity  of  imposing  a  heavy 
additional  amount  of  taxation  on  the  districts  to  meet  the  deficiency  of  funds 
arising  from  the  inability  of  the  board  of  supervisors  to  act.  The  necessity, 
also,  of  providing  for  the  expenses  of  the  terms  commencing  previously  to 
the  time  when  the  new  law  took  effect,  in  addition  to  those  hereafter  to  be 
contracted  for,  adds  in  many  instances,  to  the  pecuniary  difficulties  to  be 
surmounted.  The  powers,  duties  and  liabilities  of  trustees  under  the  various 
provisions  of  the  new  law  —  the  qualifications  of  voters  at  district  meetings 
—  the  effect  of  the  new  provisions  upon  former  enactments  still  remaining 
on  the  statute  book  —  and  the  extent  to  which  the  latter  are  virtually 
repealed  by  the  former  as  inconsistent  and  incompatible  —  these  and  numer- 
ous other  important  and  difficult  questions  are  daily  submitted  to  the  Depart- 
ment for  its  solution  and  advice  —  and  the  necessity  for  some  additional, 
or  at  least  explanatory  legislative  action  is  in  many  quarters  insisted  upon  to 
enable  the  inhabitants  and  officers  of  the  several  districts  to  carry  out  the 
system  in  accordance  with  the  views  of  its  framers,  and  of  the  people  by 
whom  it  has  been  sanctioned. 

We  have  given  in  another  column,  such  of  the  decisions  and  expositions  of 
the  Department  under  the  new  law,  as  may  serve  to  remove  some  of  the 
difficulties  and  embarrassments  to  which  we  have  adverted  —  decisions  and 
expositions  made  with  great  deliberation  —  upon  a  careful  examination  of 
the  various  provisions  of  both  the  new  act  and  the  former  law  —  and  gen- 
erally after  full  and  free  consultation  with  both  the  late  and  present 
Attorney  General,  and  in  accordance  with  their  views.  It  may  reasonably, 
therefore,  be  presumed  that  school  district  officers  will  be  safe  in  acting 
under  these  opinions,  and  that,  in  case  of  necessity,  they  will  be  sustained 
by  the  legal  tribunals. 

With  reference  to  the  necessity,  probability,  or  expediency  of  furthei 
legislative  enactments,  declaratory  or  otherwise,  at  the. present  session,  we 
concur  generally  in  the  views  set  forth  in  the  annual  report  of  the  Super- 
intendent, in  another  portion  of  our  paper.  Still  we  conceive  that  too  much 
stress  ought  not  to  be  laid  upon  the  recent  heavy  vote  of  the  people,  adopting 
the  new  law.  The  primary  object  and  intention  of  the  voters  was,  unquestion- 
ably, to  establish,  beyond  the  reach  of  all  future  doubt  and  question,  the  great 
and  fundamental  principle  of  free  schools.  On  this  point  there  can  be  no 
controversy.  The  people  either  meant  this,  or  they  meant  nothing.  But  the 
details  necessary  to  carry  out  this  principle,  were  not,  we  apprehend,  gen- 
erally intended  to  be  definitively  passed  upon.  These  were  regarded  as  of 
inferior  importance  —  subject  to  such  modifications,  alterations  and  addi- 
tions as  the  legislature  might  from  time  to  time,  deem  it  expedient,  in  con- 
formity with  the  general  wishes  and  views  of  their  constituents,  to  adopt. 
Doubtless  a  much  wiser  and  more  judicious  mode  of  carrying  into  prac- 
tical operation  the  prominent  principle  sanctioned  by  the  voters  at  the 
polls,  than  that  which  is  provided  by  the  existing  law,  might  easily  be 
devised :  and  we  trust  the  legislature  will  not  consider  its  powers  in  this 
respect,  materially  restricted  by  the  popular  vote  adopting  the  act  as  submitted. 
They  may,  we  think,  safely  rely  upon  the  intelligence  and  practical  good 
sense  of  their  constituents  to  sustain  them  in  the  adoption  of  such  alter- 
ations and  improvements  as  experience  may  suggest,  and  sound  wisdom  and 


FREE   SCHOOLS  24I 

policy  dictate :  always  taking  care  to  keep  in  view  the  important  principle 
clearly  and  definitively  decreed  by  the  people,  that  the  schools  shall  be  free 
to  every  child  of  the  State.  To  contravene  this  principle  in  any  mode,  would 
be,  in  our  judgment,  little  short  of  moral  treason;  it  would  be  to  stultify 
the  great  majority  of  our  intelligent  and  respectable  citizens:  it  would 
render  us  justly  obnoxious  to  the  sneers  and  reproaches  of  our  fellow 
countrymen  throughout  the  union ;  and  put  us  back  in  the  career  of  enlight- 
ened civilization,  so  far  as  to  be  beyond  hope  of  recovery. 

We  are,  therefore,  for  an  uncompromising  preservation  of  the  free  school 
principle  in  all  its  fullness  and  integrity,  but  at  the  same  time  in  favor  of 
such  modifications  of  the  existing  system,  as  shall  divest  it  of  all  its 
obnoxious  or  impracticable  features.  Hasty  and  inconsiderate  legislation, 
in  this  important  department,  is,  of  course,  to  be  deprecated,  and  if  possible, 
avoided.  Ample  time  should  be  given  ^or  the  development  of  existing 
defects:  different  views  and  suggestions  for  improvement  should  be  care- 
fully collected  and  compared;  neither  the  legislature  nor  the  people  should 
impatiently  or  unreflectingly  rush  forward  in  the  work  of  reform:  and 
whatever  is  done  in  this  direction,  should  be  carefully  and  deliberately 
matured,  systematized,  and  simplified,  in  order,  if  possible,  to  avoid  the 
necessity  of  future  action,  and  to  place  our  entire  system  of  public  instruc- 
tion upon  a  permanent  and  satisfactory  basis. 

We  shall  take  an  opportunity  again  to  recur  to  this  subject  in  our  next 
number;  and  to  present  such  views  for  the  consideration  of  the  legislature 
and  the  people,  as  a  somewhat  extended  sur\'ey  of  our  educational  interests, 
and  of  the  practical  working  of  the  existing  system,  may  dictate.  Mean- 
time it  may  be  well  to  add  that,  aside  from  the  recognition  of  the  funda- 
mental principle  of  the  universal  and  free  education  of  the  youth  of  the 
State,  we  are  committed  to  no  theory,  and  wedded  to  no  peculiar  views. 
We  desire  only  that  such  provision  shall  be  made,  as  shall  secure  "  the 
greatest  good  to  the  greatest  number,"  and  shall  be  most  acceptable  to  the 
wishes  and  views  of  our  fellow  citizens  generally,  and  we  confidently  count 
upon  the  cooperation  of  the  enlightened  friends  of  education  throughout  the 
the  State,  in  securing  this  desirable  result. —  District  School  Journal,  Feb- 
fruary,  1850 

The  New  School  Law 

We  have  received  a  communication  postmarked  Trumansburg,  Tompkins 
county,  entirely  anonymous  in  its  character,  over  the  common  signature 
"  Vox  Populi "  which  is  intended  as  an  onslaught  against  the  new  school 
law.  The  communication  is  partly  written  and  partly  printed,  and  all  with- 
out a  responsible  signature.  It  commences,  "  Print  or  not,  as  your  sense  of 
justice  and  of  duty  may  dictate."  Our  sense  of  justice  to  ourselves,  and 
duty  to  our  neighbor  has  long  since  caused  us  to  avow  our  determination  to 
print  no  anonymous  communications,  and  we  see  no  good  reason  for  devi- 
ating from  a  wholesome  rule  in  this  instance,  to  gratify  some  mistaken 
friend,  who  would  fain  have  us  believe  that  he  exercises  the  "  voice  of  the 
people,"  and  that  the  expression  at  the  ballot-box,  last  fall,  was  not  genuine. 

We  are  not  ignorant  of  the  fact  that  there  are  some  candid  opponents  of 
the  free  school  system,  and  there  are  many  who  believe  the  present  law  to 
be  defective,  but  the  great  mass  of  the  freemen  of  this  State  cherish  the 

16 


242  THE  UNIVERSITY   OF  THE  STATE   OF   NEW  YORK 

free  school  system  as  the  key  to  their  liberties  —  among  the  latter  we  are 
proud  to  be  ranked;  and  while  we  might  desire  to  modify  the  detail  of  the 
new  law  a  little,  we  cannot  for  a  moment  desire  to  be  found  among  that 
class  of  its  opponents  who  assail  the  great  principle  of  "  Free  Schools  for  a 
Free  People."  —  Rochester  Daily  Advertiser,  February  14,  1850 

A  bill  has  been  introduced  into  the  Senate  of  this  State  to  refer  the  ques- 
tion of  the  repeal  of  the  School  Law  to  the  decision  of  the  people  at  the 
next  election.  We  are  sure  the  Legislature  will  be  guilty  of  no  such  folly 
as  the  passing  of  it  would  involve.  It  is  to  be  expected  that  the  small  minor- 
ity which  voted  against  the  law,  will  be  clamorous  for  its  repeal,  but  such 
a  decided  expression  as  was  given  by  the  people  of  this  State  upon  this  ques- 
tion cannot  be  mistaken,  and  to  unsettle  the  whole  subject  again  would  be 
an  act  of  puerility  of  which  we  have  no  idea  the  Legislature  will  be  guilty. 
We  notice  that  quite  a  number  of  petitions  are  being  sent  to  the  Legislature 
for  the  repeal,  but  as  they  come  from  the  small  minority,  it  cannot  be 
expected  that  the  wishes  of  the  great  mass  of  the  people  will  be  delayed 
for  this  reason. —  Buffalo  Commercial  Advertiser,.  February  22,  1850 

Repeal  of  the  Free  School  Act 

A  bill  to  repeal  unconditionally,  the  free  school  act,  has  been  reported  in 
the  Assembly,  and  referred  to  the  committee  of  the  whole.  If  there  were 
any  probability  that  the  bill  could  become  a  law  it  would  be  but  another  speci- 
men of  the  instability  and  uncertainty  of  legislation  in  the  country.  Less 
than  a  year  since  through  the  ballot  box,  upon  an  important  question  effect- 
ing the  most  vital  interests  of  community.  This  decision  was  given  in 
accordance  with  the  enlightened  spirit  of  the  age,  in  a  decisive  majority  in 
favor  of  free  education,  based  upon  the  property  of  the  State.  But  scarcely 
had  the  verdict  of  the  people  been  rendered  when  efforts  were  commenced 
to  procure  the  repeal  of  the  law,  thus  enacted  and  thus  sanctioned.  The  bill 
now  reported  to  the  Assembly,  is  the  fruit  of  these  efforts,  but  we  have  no 
idea  that  the  body  will  so  far  stultify  itself  as  to  pass  it.  The  friends  of 
the  beneficent  measure  of  free  education  have  made  no  efforts  to  sustain 
their  action  last  fall,  for  they  could  have  no  idea  that  the  Legislature  would 
do  so  foolish  a  thing  —  one  so  much  in  opposition  to  the  general  sentiment 
of  the  State  as  to  venture  upon  a  repeal. 

The  great  curse  of  this  country,  is  first  excessive  legislation,  and  second, 
fickle  and  unstable  legislation  —  a  constant  changing  of  laws.  In  our  rapid 
progress,  it  is  true,  laws  sooner  become  inapplicable  to  existing  circum- 
stances than  in  the  staid  and  dormant  nations  of  the  old  world.  But  even 
here,  the  constant  change  and  amendment  which  we  witness  are  conducive 
to  any  thing  but  the  best  interest  of  society.  It  is  a  pecularity  of  the  rest- 
less spirit  of  our  people  —  the  offspring  of  the  aspiring  ambition  of  young 
legislators,  who  seek  to  "  make  their  mark "  by  some  startling  innovation 
under  the  specious  title  of  reform  —  or  to  change  the  existing  order  of 
things,  and  not  unfrequently  by  substituting  crude  and  ill  digested  notions 
of  their  own. 

We  hope  the  general  school  law  will  escape  the  hands  of  the  destroyer; 
but  if  defective,  be  so  amended  as  to  meet  all  the  expectations  of  the  people. 
It  is  one  of  those  measures  which  form  an  era  in  our  history  —  a  measure 


FREE  SCHOOLS  243 

which  is  not  of  the  present  alone,  but  takes  hold  on  the  future  through  all 
coming  time.  It  is  but  a  practical  recognition  of  one  of  the  great  duties  of 
government,  and  as  such  commends  itself  to  the  enlightened  patriotism  of 
every  citizen.  Let  it,  then,  be  sustained,  and  perfected,  that  it  may  fulfill 
its  mission  in  bestowing  untold  blessings  upon  succeeding  generations. — 
Buffalo  Commercial  Advertiser,  March  29,  1830 

Amendments  to  the  Free  School  Law 

The  bill  reported  by  the  Senate  committee  on  literature,  to  amend  the 
free  school  law  to  which  we  alluded  in  our  last,  has  been  made  the  special 
order  in  the  Senate  for  March  ist.  It  was  prepared,  as  stated  in  the  report, 
under  the  direction  of  the  Secretary  of  State  (the  same  officer  designated  by 
the  Republican  as  the  "  distinguished  whig  Secretary ")  and  its  style  and 
mode  of  expression  would  warrant  the  assertion  that  the  original  law  was 
prepared  under  the  same  direction.     They  are  very  much  "of  a  piece." 

By  the  amendments  proposed  it  is  made  the  duty  of  the  supervisors,  at 
their  annual  meeting,  to  cause  to  be  levied  and  collected,  as  a  county  tax, 
a  sum  twice  the  amount  of  the  state  school  money  apportioned  to  the  county — 
and  upon  each  town  as  a  town  tax,  a  sum  equal  to  the  state  school  money 
apportioned  to  the  town  —  and  such  further  sum  as  the  electors,  at  the  annual 
town  meeting  shall  have  directed  to  be  raised. 

If  the  district  shall  not  raise  by  tax  a  sum  which,  added  to  the  state, 
county  and  town  money,  apportioned  to  it  will  support  a  school  for  eight 
months,  the  trustees  are  required  to  have  a  school  kept  for  eight  months  and 
levy  the  whole  expense,  for  teachers'  wages,  fuel,  repairs  etc.,  by  tax  upon 
the  district  —  and  in  such  case  the  district  shall  not  receive  any  share  of 
the  public  money. 

The  Comptroller  is  authorized  to  loan  to  the  supervisors  from  the  school 
fund,  the  amount  required  to  be  raised  by  them,  (in  cases  where  it  has  not 
been  raised),  to  be  repaid,  with  interest,  by  a  tax  to  be  levied  at  the  next 
annual  meeting  —  towns  and  districts  that  have  raised  their  proportions,  to 
be  exempted  from  the  tax.  The  omission  of  the  supervisors  to  raise  the 
amount  required,  or  to  make  the  loan  authorized,  is  not  to  invalidate  the 
powers  of  the  trustees  or  inhabitants  of  the  districts,  conferred  by  the  original 
act,  and  all  proceedings  in  the  districts  under  that  act  are  confirmed. 

The  office  of  town  superintendent  is  abolished  from  the  ist  of  Nov.  next, 
and  a  superintendent  to  be  elected  in  each  Assembly  district,  at  a  yearly 
salary  of  $500,  one  half  to  be  paid  by  the  county  and  one  half  from  the 
school  fund. 

The  supervisor  of  each  town  is  to  receive  and  disburse  the  school  monies 
belonging  to  his  town.  The  tax  list  to  be  delivered  to  the  collector  within 
thirty  days  after  the  expiration  of  each  term.  When  collected,  the  collector 
is  to  pay  the  portion  applicable  to  payment  of  teachers'  wages  to  the  town 
superintendent,  (an  officer  abolished  by  a  previous  section,)  and  the  residue 
to  the  trustees. 

The  foregoing  contains  the  provisions,  in  substance,  of  the  proposed  law. 
We  have  not  room  at  present  for  extended  comments,  but  cannot  suffer  the 
occasion  to  ipass  without  characterizing  it  as  an  attempt  to  remedy  the 
deficiencies  and  imperfections  of  the  law  of  the  last  year  by  a  piece  of  patch- 


244  THE   UNIVERSITY    OF   THE   STATE   OF    NEW    YORK 

work  equally  defective  and  imperfect.  The  people  have  decided  in  favor  of 
the  principle  of  free  schools;  but  if  it  is  to  be  carried  out  in  practice,  a 
more  liberal  and  enlightened  policy  than  that  to  which  the  "  distinguished 
whig  Secretary"  seems  only  capable  of  attaining,  must  be  adopted.  A  just, 
liberal  and  equal  system  of  taxation  must  be  prescribed,  and  we  think  the 
whole  amount  necessary  to  be  raised,  should  be  levied  as  a  state  tax.  The 
operation  of  the  present  law  is  so  manifestly  unjust  and  unequal,  that  it 
never  can  be  administered  without  destroying  entirely  the  usefulness  of 
the  district  school  system.  That  A.  and  B.  can,  by  their  votes,  levy  a  por- 
tion of  the  expense  of  educating  their  children  directly  upon  C,  who  is  per- 
haps, less  able  to  bear  the  burthen  than  themselves,  is  so  revolting  to  every 
principle  of  equality  and  justice,  that  it  will  be  resisted  in  a  thousand  ways, 
giving  rise  to  animosites  and  dissensions  in  neighborhoods  and  districts, 
subversive,  at  once,  of  all  hope  of  success  in  the  schools.  Incalculable  mis- 
chief has  already  been  done  in  this  way  by  the  present  law,  and  the  pro- 
posed amendments  do  not  obviate  the  difficulty. 

We  hope  the  Legislature  will  reject  the  crudities  of  the  Secretary  and 
make  a  sensible  and  practical  revision  of  the  whole  matter.  If  they  cannot 
do  that,  they  had  better  go  back  at  once  to  the  old  system. —  Binghamton 
Democrat,  February  28,  1850 

Amendments  to  the  Free  School  Law 

The  Democrat,  of  last  week,  gave  the  substance  of  the  free  school  act, 
reported  by  the  Senate  committee  on  literature,  but  not  of  the  report  of  the 
committee  accompanying  it.  The  committee  state  that  much  opposition  to  the 
law  has  arisen  from  the  reluctance  of  tax  payers  to  vote  the  necessary 
money  for  the  maintenance  of  free  schools,  and  some  districts  have  voted 
to  reduce  the  time  during  which  schools  shall  be  kept  open  from  8  to  4 
months,  to  save  a  small  tax. 

Rate  bills  are  still  liked  because  they  fall  upon  parents  and  not  upon 
property.  Many  parents  under  the  old  system,  kept  their  children  at  home 
because  they  could  not  pay,  and  were  not  willing  to  confess  themselves  paupers 
to  obtain  free  schooling.  The  State  should  make  schools  the  right  of  every 
child.  The  constitution  provides  for  the  annual  addition  of  $25,000  to  the 
capital  of  the  common  school  fund.  The  revenues  of  the  canal  will  soon 
allow  a  surplus  for  schools.  The  rate  bills  for  1849  amounted  to  $489,696.63  — 
a  similar  sum  has  therefore  to  be  raised,  but  which  lessens  every  year  until 
the  School  Fund  becomes  large  enough  to  support  the  schools  out  of  its 
incomes,  without  resort  to  taxation.  The  restoration  of  the  office  of  a 
county  or  assembly  district  superintendent  is  recommended  on  the  grounds 
that  such  office  is  needed  as  the  medium  of  communication  between  the 
Department  and  the  900  towns  and  11,000  school  districts  under  its  care.  The 
territory  is  too  large,  the  subdivisions  and  local  officers  too  numerous,  to 
allow  of  the  necessary  supervision.  The  expense  would  also  be  lessened 
over  $15,000  a  year! 

Fifty-five  out  of  fifty-nine  counties  in  the  State  voted  for  the  law,  and 
a  very  large  majority  of  votes  was  cast  in  its  favor.  The  committee  elo- 
quently state  the  benefits  of  free  education. 

They  say  "At  present  we  have  but  the  alternative  between  prisons  and 


FREE   SCHOOLS  245 

schools;  between  a  people  educated,  self  respecting,  self  restraining,  or  an 
unreasoning  populace,  ignorant  of  the  history  of  the  past,  or  the  learning  of 
the  present,  ever  ready  to  become  the  tools  of  a  demagogue,  and  to  act  over 
again  the  massacre  of  St  Bartholomew,  or  the  reign  of  Terror." 

By  the  amendments  proposed  it  is  made  the  duty  of  the  supervisors,  at 
their  annual  meeting,  or  at  a  special  meeting,  to  cause  to  be  levied  and 
collected,  as  a  county  tax,  a  sum  twice  the  amount  of  the  state  school  money 
apportioned  to  the  county  —  and  upon  each  town  as  a  town  tax,  a  sun^ 
equal  to  the  state  school  money  apportioned  to  the  town  —  and  such  further 
sum  as  the  electors,  at  the  annual  town  meeting  shall  have  directed  to  be 
raised. 

If  the  district  shall  not  raise  by  a  tax  a  sum  which,  added  to  the  state, 
county  and  town  money,  apportioned  to  it,  will  support  the  school  for  eight 
months,  the  trustees  are  required  to  have  a  school  kept  for  eight  months  and 
levy  the  whole  expense,  for  teachers'wages,  fuel,  repairs,  etc.,  by  tax  upon  the 
district  —  and  in  such  case  the  district  shall  not  receive  any  share  of  the 
public  money. 

The  Comptroller  is  authorized  to  loan  to  the  supervisors  from  the  school 
fund,  the  amount  required  to  be  raised  by  them  (in  cases  where  it  has  not 
been  raised)  to  be  repaid,  with  interest,  by  a  tax  to  be  levied  at  the  next 
annual  meeting  —  towns  and  districts  that  have  raised  their  proportions,  to 
be  exempted  from  the  tax.  The  omission  of  the  supervisors  to  raise  the 
amount  required,  or  to  make  the  loan  authorized,  is  not  to  invalidate  the 
powers  of  the  trustees  or  inhabitants  of  the  districts,  conferred  by  the 
original  act,  and  all  proceedings  in  the  districts  under  that  act  are  confirmed. 

The  office  of  town  superintendent  is  abolished  from  the  first  of  Novembei 
next,  and  a  superintendent  to  be  elected  in  each  assembly  district,  at  a 
yearly  salary  of  $500,  one-half  to  be  paid  by  the  county  and  one-half  from 
the  school  fund. 

The  supervisor  of  each  town  is  to  receive  and  disburse  the  school  monies 
belonging  to  his  town.  The  tax  list  to  be  delivered  to  the  collector  within 
thirty  days  after  the  expiration  of  each  term  of  school,  and  to  include  only 
the  expense  of  such  term.  When  collected,  the  collector  is  to  pay  the 
portion  applicable  to  payment  of  teachers'  wages  to  the  town  superintendent. 

The  bill  has  been  discussed  in  committee  of  the  whole  in  the  Senate,  and 
recommitted  to  the  literature  committe.  We  trust  that  all  defects  in  the  bill 
and  system  will  be  remedied,  and  such  an  act  passed  as  will  bear  the  scrutiny 
and  receive  the  approbation  of  the  people. 

We  have  given  the  above  digest  of  the  report  of  the  committee,  merely 
for  the  information  of  our  readers,  that  they  may  form  and  express  what 
opinions  and  take  such  action  as  they  please,  on  so  interesting  and  important 
a  subject. —  Binghamton  Republican,  March  6,  1850 

The  New  School  Law 

The  opposition  to  this  law  is  increasing  daily,  and  we  should  not  be  sur- 
prised if  it  was  repealed  before  the  close  of  the  present  session  of  the 
Legislature. —  Plattshurgh  Republican. 

A  systematic  effort  has  apparently  been  made  throughout  the  State,  to 
procure  the  repeal  of  this  law;  but  we  trust  it  will  fail,  at  least,  until  there 


246  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

has  been  a  further  trial  of  the  system.  The  law  perhaps  needs  amend- 
ment in  some  essential  particulars,  and  if  so,  it  should  be  promptly  done, 
Looking  to  the  experience  of  other  states,  we  see  no  serious  obstacle  to  the 
establishment  of  a  free  school  system  in  New  York,  that  in  all  its  details, 
will  work  to  admiration,  and  give  entire  satisfaction  to  the  people.  The 
legislature,  instead  of  repealing  the  law,  should  set  themselves  about  the 
examination  of  its  provisions,  with  the  view  of  perfecting  such  amend- 
ments as  seem  to  be  required. —  Syracuse  Daily  Standard,  March  7,  1850 

Free  School  Law 

That  this  law  is  at  this  time  far  more  unpopular  than  when  it  was  voted 
upon  and  sanctioned  by  the  people,  will  probably  be  readily  conceded.  The 
number  of  petitions  which  have  been  presented  to  the  Legislature  for  its  re- 
peal and  for  its  amendments,  go  far  towards  proving  this ;  and  yet  we  do  not 
believe,  should  the  proposition  be  carried  into  effect  of  again  submitting  it 
to  the  people,  that  the  law  would  be  rejected.  The  unprecedented  majority 
by  which  the  measure  was  established,  was  a  verdict  in  favor  of  the  main 
idea  which  it  embraces,  and  was  given  without  a  thorough  appreciation  of  the 
details  of  the  bill.  The  opposition  which  since  the  election  has  arisen  to  the 
law,  is  a  consequence  of  industrious  efforts  on  the  part  of  those  pecuniarily 
most  interested,  to  excite  a  prejudice  against  the  leading  principle  itself  by 
exagerating  the  minor  defects  of  that  law;  but  we  trust  the  popular  mind  is 
too  enlightened  not  to  perceive  the  difference  between  a  great  and  beneficent 
idea,  and  the  imperfections  in  the  machinery  with  which  it  is  proposed  to 
carry  that  idea  into  effect.  There  are  undoubtedly  palpable  defects  in  the 
free  school  law  now  in  operation  which  demand  an  early  correction ;  but 
we  cannot  unite  in  the  clamor  for  its  repeal  before  it  shall  have  proved 
itself  incapable  of  realizing  the  public  expectation. —  Canajoharie  Radii, 
March  21,  1830 

The  Free  School  Law 

Much  complaint  and  dissatisfaction  having  been  manifested  by  the  people 
in  almost  every  section  of  the  state  in  relation  to  some  of  the  provisions 
of  the  "  free  school  law  "  passed  by  the  last  legislature  and  a  large  number 
of  petitions  having  been  presented,  praying  for  its  repeal  or  modilication,  the 
subject  was  submitted  to  a  select  committee. 

The  committee  have  made  their  report,  and  we  give  below  an  abstract 
of  the  proposed  amendments  which  we  copy  from  the  Argusi  of  Saturday. 
It  will  be  seen  that  it  does  away  with  the  provision  requiring  a  vote  of 
the  district  oh  the  raising  of  money  for  the  support  of  the  schools,  which 
was  producing  much  ill  feeling  and  contention  between  neighbors  and  friends. 

1st  —  It  increases  the  amount  of  money  to  be  distributed  to  districts,  by 
requiring  the  boards  of  supervisors  to  lay  and  collect  in  their  respective 
counties  twice  the  amount  such  counties  receive  from  the  state  school  funds, 
instead  of  once  as  heretofore  —  and  continue  to  raise  the  same  amount 
to  be  raised  on  the  towns  as  heretofore. 

2nd  —  It  provides  for  a  more  equal  distribution  of  the  monies  —  in  order 
that  weak  districts,  which  are  subject  to  almost  as  much  expense  to  support 
a  school,  as  other  districts  having  a  large  amount  of  capital,  and  thereby 
producing  a  great  inequality  in  taxation  —  by  providing  that  two-fifths  of 


FREE   SCHOOLS  24/ 

the  whole  money  shall  be  equally  divided  among  the  several  school  districts, 
and  the  remaining  three-fifths,  according  to  scholars  attending  school. 

4th — It  confines  the  public  money  in  all  cases  to  the  payment  of  teachers' 
wages  instead  of  repairs  of  schoolhouses  and  purchase  of  fuel  etc.,  as  in  the 
act. 

5th  —  It  authorizes  the  trustees  to  levy  and  collect  any  deficiency  for  the 
payment  of  teachers'  wages  for  the  eight  months  on  the  taxable  property 
of  such  district,  without  recourse  to  a  vote  of  the  district,  thereby  prevent- 
ing the  contention  in  district  meeting,  arising  from  allowing  the  district  to 
vote  the  amount  of  money,  and  the  length  of  time  the  school  shall  be  kept 
in  such  district, 

6th  —  It  allows  schools  to  be  taught  in  the  district  at  such  other  times 
as  the  schoolhouse  shall  not  be  required  for  free  school  purposes,  and  the 
expenses  of  such  school  to  be  paid  by  a  rate  bill  on  those  attending  such 
school. 

7th  — It  authorizes  the  district  to  apply  the  library  money  to  the  payment  of 
teachers'  wages  or  continue  the  same  for  the  purchase  of  books,  as  hereto- 
fore, in  their  discretion. —  Hudson  Gazette,  March  26,  1850 

The  New  School  Law 
It  apears  from  the  legislative  reports,  that  one  branch  of  the  State  Legis- 
lature has  decided  in  favor  of  the  policy  of  submitting  this  law  again  to 
the  people.  This,  we  are  inclined  to  think,  will  not  give  general  satisfac- 
tion. The  policy  is  regarded  by  many  as  an  unwise  one,  in  almost  any 
instance;  and  there  are  strong  grounds  in  support  of  such  an  opinion. 
The  objections  which  have  been  raised  against  the  free  school  law,  are  not 
directed  against  the  principle.  We  are  glad  to  believe  that  the  people  favor 
such  a  benign  measure.  Objections  are  loudly  urged  against  the  details  of 
the  plan,  the  mode  of  assessment,  etc.  It  is  undoubtedly  in  the  power  of 
the  Legislature  to  amend  it  in  such  particulars  as  is  demanded  by  the 
general  voice;  but  the  evil  will  not  be  remedied  by  again  submitting  the 
question  to  the  people.  As  it  stands,  we  fear  that  it  will  be  negatived  by 
the  popular  vote,  while  a  great  majority  not  only  recognize  free  schools 
as  a  good  and  beneficial  measure,  but  would  willingly  support  them,  upon 
terms  which  would  be  equitable  and  just  to  all.  In  the  Assembly,  the  vote 
was  strong  against  resubmission,  and  it  is  not  likely  that  such  a  proposition 
will  be  adopted.  In  the  lower  house,  a  plan  of  considerable  importance, 
in  this  relation,  has  been  nearly  perfected.  A  bill  is  under  discussion,  tax- 
ing the  State  to  the  extent  of  $800,000,  for  the  support  of  free  schools.  ITie 
bill  has  been  pushed  forward  through  nearly  all  the  preliminary  stages,  and 
during  its  discussion,  the  most  serious  objection  made  to  it,  is  that  equality 
of  taxation  cannot  ihe  provided.  The  large  districts  will  receive  no  more 
than  smaller  ones,  while  their  expenses  will  be  greater.  This  has  been  in 
a  measure  remedied,  and  there  is  a  probability  of  the  passage  of  the  bill. — 
Rochester  Daily  Democrat,  April  4,  1850 

Free  School  Law 
We  have  before  us  a  "  Report  of  the  Select  Committee  on  the  petitions 
for  the  amendment  or  repeal  of  the  Free  School  Law,"  made  in  Assembly, 
March  30th,  1850. 


248  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Although  the  report  is  signed  by  all  the  members,  it  would  seem  that 
a  diversity  of  opinion  existed  in  the  committee  as  to  the  best  mode  of 
remedying  the  evils  complained  of.  A  portion  of  the  committee  were  in 
favor  of  an  unconditional  repeal  of  the  "  free  school  law,"  another  portion 
in  favor  of  amending  the  law  in  several  important  particulars,  while  still 
another  portion  are  in  favor  of  submitting  it  again  to  the  people.  The  com- 
mittee say  that,  "  already  there  have  been  presented  over  forty  petitions 
for  the  amendment  of  the  law,  and  over  two  hundred  and  fifty  for  its  repeal." 

They  come  from  every  corner  of  the  State,  from  our  villages,  our  secluded 
districts ;  from  boards  of  supervisors  —  from  town  meetings,  from  "  dis- 
trict meetings "  from  "  public  officers "  and  public  meetings.  "  From  the 
high  and  the  low  from  the  rich  and  the  poor ;  those  who  voted  for,  and  those 
who  voted  against  it,  all  ask  for  important  amendments  or  for  its  uncondi- 
tional repeal,  so  that  we  shall  be  placed  upon  the  platform  of  the  old  law, 
which  has  been  occupied  since  1812,  with  signal  benefit  to  the  State." 

These  petitions  are  signed  by  more  than  twenty  thousand  names  —  over 
seventeen  thousand  of  which  are  for  repeal.  The  committee  argue  that  the 
people  of  this  State  are  undoubtedly  in  favor  of  "  free  schools "  in  the 
abstract,  but  upon  question  of  details  there  appears  to  be  a  great  diversity 
of  opinion,  of  which  fact,  we  think  the  committee  furnishes  a  striking 
example. 

Free  School  Law 

We  gather  from  the  report,  that  portions  of  the  committee  proposed  al 
least  three  different  bills  for  the  consideration  of  the  House,  but  of  neither 
does  the  report  furnish  a  copy. 

What  the  ultimate  action  of  the  Legislature  will  be,  it  is  difficult  to 
determine.  By  the  published  proceedings  it  will  be  seen,  that  Mr.  Burroughs' 
proposition  has  passed  to  levy  a  general  tax  upon  the  whole  State,  of  a  sum 
sufficient,  with  the  present  school  fund,  to  make  all  the  schools  in  the 
State  free. 

We  do  not  think  such  a  proposition  would  meet  with  general  favor,  or 
do  we  expect  it  can  pass  both  houses  and  become  a  law  at  this  late  period 
in  the  session. 

One  opinion  seems  to  be,  that  under  the  old  system  our  schools  were  for 
all  practical  purposes  free,  and  that  under  that  system  the  gradual  accumula- 
tion of  the  common  school  fund  would  in  a  few  years  amount  to  a  sum 
sufficient  to  make  them  so  in  fact.  Upon  this  point  the  committee  hold  the 
following  language: 

"  Our  common  schools  should  and  must  be  free;  but  we  are  not  of  opinion 
that  the  present  law  makes  them  so,  however  it  be  named;  or  rather  that  the 
principle  of  the  present  law  is  no  more  a  free  school  one,  than  was  the 
principle  of  the  former.  Under  each  system  no  one  was  excluded.  Every 
one  could  then,  as  every  one  can  now,  find  an  open  door,  and  a  teacher  to 
educate  him." 

The  most  prominent  objection  to  the  free  school  law,  the  committee  say, 
"  is  the  unequal  rate  of  taxation  "  which  it  imposes  —  the  taxable  property 
in  the  districts  or  towns  lying  adjacent  being  in  no  equal  proportion  to  the 
number  of  scholars.  So  that  the  greatest  inequality  exists  in  regard  to 
taxation,  ranging  from  4  cents  on  one  hundred  dollars  of  valuation,  to 
36  cents. 


FREE   SCHOOLS  249 

In  regard  to  the  theory  of  taxation  we  find  the  following  on  page  23  of 
the  report :  "  The  State,  as  we  have  before  affirmed,  should  provide  the 
means  for  the  common  school  education  of  all  its  children.  The  property 
of  the  State,  in  a  '  fair,  just,  and  equal  proportion,'  according  to  the  different 
interest  different  persons  may  have  in  the  subject,  or  the  more  immediate 
or  remote  benefits  they  may  derive,  should  be  made  to  support  our  schools 
founded  for  the  general  good  of  our  children.  The  difficulty  is,  to  determine 
what  is  this  '  fair,  just  and  equal  proportion.'  It  is  argued  that  there  are 
two  classes  of  persons  instructed  in  our  common  schools  —  those  who 
send  to  them  and  who  are  directly,  and  those  who  do  not,  and  who  are 
but  indirectly  interested  in  the  subject.  If  this  distinction  is  a  correct  one, 
then  a  result  seems  to  follow  —  which  is,  that  those  who  are  directly  interested 
should  bear  a  greater  proportion  of  the  burthen  than  those  who  are  but  indi- 
rectly so,  for  the  reason  that  while,  like  others,  as  members  of  the  State, 
they  have  an  indirect  interest  —  as  patrons  of  the  schools,  as  parents  of  the 
pupils,  there  being  educated,  they  have  in  addition  to  that  indirect  interest 
a  direct  one  also." 

The  report  goes  on  to  show,  that  this  principle  has  been  recognized  and 
approved  not  only  by  the  people  but  by  all  those  who  have  had  the  adminis- 
tration of  our  school  laws  in  this  State,  and  quote  the  opinions  of  N.  S. 
Benton,  State  Supt.  in  1846,  John  C.  Spencer  in  1840,  and  the  views  of 
Chancellor  Kent,  as  sustaining  the  position  that  "  Common  School  Estab- 
lishments and  education  ought  to  rest  in  part  upon  local  assessment  and  to  be 
sustained  and  enforced  by  law  according  to  the  New  England  policy.  That 
which  costs  nothing  is  lightly  esteemed,  and  people  generally  will  not  take, 
or  feel,  much  interest  in  common  schools,  unless  they  are  taxed  for  their 
support" 

In  conclusion  upon  this  branch  of  the  subject,  the  report  contains  the 
following  paragraph: 

"  In  the  state  of  Connecticut  the  large  endowment  of  the  public  schools 
produced  lassitude  and  neglect,  and  in  many  instances  the  funds  were  per- 
verted to  other  purposes  to  such  an  extent  that  an  entire  change  in  the 
system  became  necessary.  In  cities,  where  there  are  large  numbers  who 
would  not  be  instructed  at  all,  if  free  schools  were  not  provided,  the  evil 
must  be  encountered  as  being  less  in  degree  than  that  of  total  ignorance. 
But  in  country  districts  such  destitution  rarely  exists,  and  when  it  does, 
provision  is  made  by  law  for  gratuitous  instruction  in  each  particular  case." 
"  To  this  quotation  it  is  not  necessary  for  us  to  add  a  word :  if  it  was  true 
in  1840,  it  is  equally  so  in  1850." 

We  fear  the  effect  upon  our  common  school  system  of  too  much  legis- 
lative tirikering  of  the  law  by  which  it  is  regulated. —  Buffalo  Commercial 
Advertiser,  April  8,  1850 

Free  Schools 

Perhaps  there  exists  no  greater  degree  of  popular  delusion  upon  any  sub- 
ject than  upon  that  which  stands  at  the  head  of  this  article  —  much  of  the 
legislation  on  this  subject,  both  municipal  and  general,  has  its  origin  in  this 
delusion.  And  to  this  cause  may  be  attributed  in  a  great  measure  the 
almost  unanimous  vote  in  this  State  in  favor  of  "  free  schools." 

Probably  not  one  in  fifty  of  those  who  voted  in  favor  of  the  law,  ever 


250  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

saw  it  or  knew  anything  of  its  provisions,  or  can  tell  now  that  the  law  is 
adopted  and  in  force,  whether  the  schools  are  any  freer  than  they  were 
before. 

None  were  excluded  on  account  of  their  inability  to  pay  under  the  old 
system.  And  it  is  a  matter  of  great  doubt  whether  the  expenses  of  main- 
taining the  schools,  which  are  not  lessened,  are  as  equitably  apportioned  or 
taxed  under  the  new  system  as  they  were  under  the  old.     .     .    . 

Although  it  was  claimed,  and  it  is  now  probably  supposed  by  many,  that 
the  new  law  does  not  produce  any  change  in  this  city,  yet  its  practical 
effect  will  be,  to  compel  this  city  to  pay  several  thousand  dollars  annually 
towards  the  support  of  schools  in  the  country  towns  in  addition  to  the 
burdens  of  her  own  schools,  which  without  any  addition  to  their  number 
must  henceforward  be  about  $30,000  annually.  [Signed  "A"]  —  Buffalo  Com- 
mercial Advertiser,  January  11,  1850 

Your  correspondent  "A"  in  Saturday's  paper,  remarks: 

"Although  it  was  claimed,  and  it  is  now  probably  supposed  by  many,  that 
the  law  does  not  produce  any  change  in  this  city,  yet  its  practical  effect 
will  be  to  compel  this  city  to  pay  several  thousand  dollars  annually  towards 
the  support  of  schools  in  the  country  towns  in  addition  to  the  burdens  of 
her  own  schools  which  without  any  addition  to  their  number  must  hence- 
forward be  about  $30,000  annually." 

To  show  the  fallacy  of  this  statement,  I  will  quote  a  section  of  the  act 
reported  from  the  committee  on  literature  of  the  Senate,  which  there  is  no 
doubt  will  govern  this  matter :  §  2  "  It  shall  be  the  duty  of  the  several  boards 
of  supervisors  at  their  annual  meetings,  or  at  any  special  meeting  duly  con- 
vened (in  pursuance  of  law)  to  cause  to  be  levied  and  collected  from  their 
respective  counties  in  the  same  manner  as  county  taxes,  a  sum  equal  to  twice 
the  amount  of  state  school  moneys  apportioned  to  such  counties,  and  to  ap- 
portion the  same  among  the  towns  and  cities  in  the  same  manner  as  the 
moneys  received  from  the  State  are  apportioned.  They  shall  also  cause  to 
be  levied  and  collected  from  each  of  the  towns  in  their  respective  counties, 
in  the  same  manner  as  other  town  taxes,  a  sum  equal  to  the  amount  of  state 
school  moneys  apportioned  to  said  towns  respectively,  (and  such  further  sum 
as  the  electors  of  each  town  shall  have  directed  to  be  raised,  at  their  annual 
town  meetings,  in  pursuance  of  law). — Buffalo  Commercial  Advertiser,  Feb- 
ruary Ji,  1830 

As  your  columns  appear  to  be  open  for  the  discussion  of  the  subject,  I 
wish  to  make  a  few  remarks  upon  the  "  popular  delusion  "  alluded  to  by  your 
correspondent  A,  of  Saturday  evening  last. 

He  says  "  perhaps  there  exists  no  greater  degree  of  popular  delusion  upon 
any  subject,  than  upon  that  which  stands  at  the  head  of  this  article."  Prob- 
ably not,  Salem  witchcraft  was  not  a  circumstance.  It  is  a  delusion  that  has 
been  constantly  and  steadily  increasing;  shared  in  by  the  wisest,  and  greatest 
men  of  our  State,  since  1805-06,  when  the  first  permanent  provision  was  made 
by  the  State  for  the  support  of  common  schools,  till  the  present  time,  when 
the  superior  sagacity,  and  information  of  A  has  discovered  that  forty- 
nine-fiftietlis  of  those  who  voted  for  the  free  school  law,  were  sharing  in  the 
delusion  and  do  not  yet  know  whether  the  schools  "  are  freer  now  than  they 
were  under  the  old  law."    It  is  somewhat  interesting  to  see  how  this  "de- 


FREE   SCHOOLS  25 1 

lusion  "  has  increased  In  1806,  $57,757.24  was  set  apart  as  a  fund,  the  annual 
interest  of  which  was  to  be  apphed  for  the  support  of  common  schools 
throughout  the  State;  but  no  distribution  was  to  be  made,  till  the  revenue 
amounted  to  $50,000.  In  1814,  the  first  distribultion  was  made ;  and  the  amount 
received  by  the  districts  from  the  State,  was  $48,376.  The  amount  raised  b> 
the  different  counties,  was  $6,344.98,  making  $55,720.98  raised  that  year  for 
common  school  purposes.  From  that  first  sympton  the  "  delusion  "  steadily 
increased,  till  in  the  year  1849,  when  it  seems  to  have  attained  its  highest 
pitch  —  when  a  deluded  Legislature  laid  before  a  deluded  people,  for  their 
adoption  or  rejection,  a  law,  making  the  blessing  of  a  good  education  free  to 
all  —  the  amount  received  by  the  districts  is  $846,710.45  and  in  the  same  year 
was  paid  on  rate  bills  by  the  great  deluded  $489,696.63,  making  a  total 
of  $1 1336,397.08,  squandered  under  the  influence  of  this  "popular  delusion." 
But  the  crowning  act  of  this  "popular  delusion"  is,  that  by  an  "almost 
unanimous  vote "  the  people  refused  to  have  the  blessings  of  education 
measured  by  dollars  and  cents,  any  longer,  but  insist  that  like  other  of 
our  good  God's  blessings  —  the  air  we  breathe  —  the  water  we  drink  — 
they  shall  be  fice,  and  accessible  to  all  who  choose  to  partake.  And  per- 
mit me  friend  A  to  suggest  that  this  "  popular  delusion "  will  continue 
till  the  original  design  of  the  founders  of  free  schools  in  this  city  will  be 
consummated  by  the  establishment  of  a  central  school. 

Thus  much  for  the  "popular  delusion"  part  of  the  gentleman's  com- 
munication.    The  balance  will  be  attended  to  in  due  season. 

Free  Schools  Again 

It  has  been  supposed  by  all  sensible  and  practical  men,  that  the  question  of 
Free  Schools  was  definitely  and  effectually  settled  at  the  last  general  election. 
At  any  rate,  the  opinion  is  entertained  by  some  plain  republicans,  that  when  a 
question  of  state  policy  long  discussed  by  the  people,  passed  upon  by  our 
State  Legislature,  submitted  to  the  people,  and  after  some  six  months'  de- 
liberate reflection,  ratified  by  a  majority  of  some  150,000,  was  somewhat  com- 
fortably put  at  rest. 

Such  has  been  the  case  with  the  free  school  question,  and  there  has  nevei 
been  a  question  before  the  people  of  this  State,  more  thoroughly  discussed, 
more  universally  understood,  or  so  intelligently  voted  upon  as  the  present 
free  school  law. 

The  question  was  not  one  of  party;  no  sect  of  politics  or  religion;  no  set  of 
men  claimed  it  as  their  measure.  None  of  the  ordinary  means  of  election- 
eering were  used  in  its  behalf,  and  none  were  required.  It  was  the  spon- 
taneous and  free  expression  of  the  intelligence  of  the  people,  deliberately  ex- 
pressed as  the  most  solemn  duty  which  a  free  people  are  called  upon  to 
perform. 

And  yet  with  this  state  of  facts  fully  before  the  people,  and  seemingly 
settled  beyond  the  possibility  of  dispute,  we  have  the  whole  subject  gravely 
denounced  as  a  "  popular  delusion "  and  that  "  not  one  in  fifty  knew  what 
they  were  voting  for." 

Really,  the  people  of  this  State  must  feel  themselves  highly  complimented, 
and  the  voters  of  the  city  most  particularly  so.  According  to  the  views  of 
this  highly  intelhgent  writer,  the  three  noble  spirits  who  voted  against  the 


252  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

free  school  law,  were  the  only  individuals  who  knew  what  they  were  about! 
Doubtless  the  writer  himself  is  included  in  the  charming  trio,  and  I  devoutly 
hope  that  these  three  righteous  men  will  save  our  goodly  city  from  the 
fate  of  Sodom  and  Gomorrah! 

It  would  be  an  idle  waste  of  time  to  meet  any  person,  in  an  argument 
upon  the  propriet>-  of  free  schools.  With  equal  advantage  might  we  discuss 
the  propriety  of  the  abolition  of  slavery,  or  imprisonment  for  debt  in  this 
State,  or  the  restoration  of  the  property  qualification  in  voters.  On  eithei 
of  these  questions  would  the  enterprising  writer  stand  a  better  chance  foi 
retrogressive  action  than  upon  the  question  of  free  schools. 

Franklin 
—  Buffalo  Commercial  Advertiser,  February  12,  1830 

I  wish  to  say  a  word  in  reply  to  that  part  of  the  communication  of  "A" 
which  relates  to  the  distribution  of  school  moneys  —  although  this  is  not 
connected  in  any  way  with  the  questions  of  the  "  Third  D.  Department." 
The  present  distribution  is  made  under  the  census  of  the  year  1845  —  and  is 
changed  every  five  years  at  the  time  of  the  enumeration  by  the  State  and 
general  government.  In  1845,  Buffalo  contained  29,635  inhabitants,  and  the 
country  48,862.  The  census  of  the  present  year  will  show  that  there  has  been 
a  much  greater  increase  in  the  city  than  in  the  towns.  In  fact,  when  the 
last  census  of  the  city  was  taken,  the  increase  was  about  40%,  while  in  the 
towns  for  five  years  it  was  only  about  14%.  The  amount  of  moneys  appro- 
priated under  the  census  of  '45  was  $8,600  to  the  county,  of  which  $3,250 
went  to  the  city,  so  that  the  fears  of  "A"  that  several  thousand  dollars  will 
be  added  to  the  expense  of  our  schools  without  increasing  them  is  but  a 
"  delusion." 

By  the  way,  I  notice  that  in  a  second  article  "A"  has  consented  to 
define  what  he  means  by  "delusion."    He  says : 

"Let  me  define  what  is  meant  by  a  "delusion"  on  the  subject  of  free 
schools.  It  is  a  delusion  to  suppose  that  the  schools  are  any  more  free 
than  they  were  before  the  passage  of  the  new  law. 

"  It  is  a  delusion  to  suppose  that  under  that  law  the  education  of  any 
more  of  the  children  and  youths  of  the  land  will  be  secured,  than  under  the 
old  system. 

"  It  is  a  delusion  to  suppose  that  free  schools  arc  to  prove  a  panacea  foi 
all  the  evils  of  society,  both  political  and  moral. 

"  I  might  go  on  to  enumerate  a  formidable  list  of  delusions  upon  the  sub- 
ject apparent  enough  to  everybody  but  those  who  are  wilfully  or  fanaitically 
blind." 

The  first  assertion  I  hold  to  be  untrue  in  point  of  fact.  Under  the  old 
law,  all  could  go  to  school,  to  be  sure,  but  there  was  a  provision  which 
made  an  inequality  in  the  conditions.  It  required  a  confession  of  poverty, 
and  thus  caused  those  who  r.vailed  themselves  of  it  to  appear  among  their 
fellows  as  special  paupers.  Under  the  new  law  no  such  invidious  distint 
tion  exists,  and  who  will  contend  that  this  does  not  render  the  schools  more 
free  in  practice  if  not  in  theory.  And  how  many  there  are  who  under  the 
old  law,  would  keep  their  children  from  school,  rather  than  be  compelled 
to  appeal  directly  to  their  neighbors  as   for  charity.     While  now  all  may 


FREE   SCHOOLS  253 

cheerfully  participate  in  a  general  fund.  And  this  last  fact  answers  his  second 
proposition.  All  who  have  been  observers  of  the  working  of  the  old  school 
law,  know  within  their  personal  acquaintance  that  its  operation  has  had 
the  effect  to  keep  many  from  school.  Having  myself  exercised  the  "  birchen  " 
authority,  and  "  boarded  round,"  a  better  opportunity  has  been  given  me  for 
an  acquaintance  with  the  feelings  of  poor  parents  upon  this  subject  than 
to  "A"  who,  I  would  judge,  was  but  little  acquainted  particularly  with  the 
workings  of  either  the  old  system,  or  the  new  one  as  it  exists  in  our  city. 

As  to  the  third  proposition,  there  is  no  one  who  contends  that  "  free  schools 
will  be  a  panacea  for  all  evils  of  society,  both  political  and  moral."  But 
we  do  contend  that  free  education,  and  its  concomitants,  are  the  most  impor- 
tant "  levers  of  civilization  " —  that  the  social,  moral  and  political  condition 
of  a  people  where  free  schools  are  open  to  the  mass  is  far  in  advance  of  those 
where  but  even  partial  means  of  education  are  provided.  We  need  only  look  to 
the  strong  contrast  which  exists  between  different  states  of  our  Union  as 
a  proof  of  this,  without  referring  to  the  countries  of  the  old  world  where 
ignorance  unbroken  prevails,  and  v.-here,  as  a  consequence,  political  rights 
in  the  people  are  unknown,  superstition  and  the  animal  vices  exist,  and 
where  the  arts  of  life  are  in  a  semibarbarous  state  —  where  the  improvements 
which  genius  and  science  have  introduced  have  not  yet  penetrated.  It  is 
a  singular  "  delusion  "  of  "A"  that  his  opinion  should  be  taken  in  opposition 
to  that  of  all  the  good  and  great  men  who  have  interested  themselves  in 
the  welfare  of  mankind  —  in  opposition  to  the  lights  of  experience,  and  the 
demonstrations  of  observation. 

S 
—  Buffalo  Commercial  Advertiser,  February  15,  1850 

The  New  School  Law 
Mr  Editor:  As  it  is  getting  quite  common  to  make  inquires  through  the 
press,  I  trust  you  will  not  think  I  am  intruding  on  your  generosity  if  I 
should  make  some  remarks  upon  the  new  school  law  —  trusting  the  attention 
of  the  public  will  be  called  to  the  subject,  as  many  of  the  districts  are 
calling  meetings  to  raise  money  to  carry  the  new  school  law  into  effect.  The 
superintendent  has  issued  a  circular  to  trustees  and  inhabitants  of  school 
districts,  in  which  he  says  "  an  impression  extensively  prevails,  throughout 
the  state,  as  indicated  by  the  daily  correspondence  of  this  Department,  that 
the  omission  of  the  board  of  supervisors  of  the  respective  counties,  to 
raise  the  additional  amount  of  public  money  required  by  the  new  school 
law,  dispenses  with  the  necessity  of  preparing  the  estimates  and  voting  the 
taxes  required  by  that  act,  for  the  support  of  schools  for  the  ensuing  year, 
and  in  such  cases  resort  may  be  had  to  the  old  rate  bill  system."  He  says: — 
"  The  superintendent  deems  it  of  the  utmost  importance  that  this  erroneous 
impression  should  be  removed.  There  is  no  other  mode  known  to  the  law 
for  the  support  of  the  schools  of  the  State,  subsequently  to  the  period 
when  the  new  law  took  effect  (Nov.  30)  than  that  which  is  prescribed 
by  that  law,  and  no  rate  bill  can  be  legally  made  out  under  any  circum- 
stances for  terms  expiring  after  that  date,  or  for  any  future  school  term." 
I  would  ask  what  the  Legislature  meant  when  they  said : 
"  Subdivision  14,  sec.  82,  chap.  480,  laws  of  18.^7,  is  hereby  amended  so 
as  to  read  as  follows: 


254  THE   UNIVERSITY    OF   THE   STATE   OF   NEW    YORK 

"  14.  To  deliver  such  rate  bill  with  the  warrant  annexed,  after  the  same 
shall  have  been  made  out  and  signed  by  them,  to  the  collector  of  the  dis- 
trict, who  shall  execute  the  same  in  like  manner  with  other  warrants  directed 
by  such  trustees  to  such  collector  for  the  collection  of  distinct  taxes,  and 
the  collector  to  whom  such  rate  bill  and  warrant  shall  be  delivered  for 
collection,  shall  possess  the  same  power,  be  entitled  to  the  same  fees,  and 
subject  to  the  same  restrictions  and  liabilities,  with  their  bail  and  sureties, 
as  by  this  title  is  provided  in  proceedings  to  collect  school  district  taxes." 

Subdivisions  12th  and  13th  of  the  same  section  reads  as  follows: 

"  12.  To  ascertain  by  examination  of  the  sehool  list  kept  by  such  teachers, 
the  number  of  days  for  which  each  person  not  so  exempt  shall  be  liable  to 
pay  for  instruction  and  the  amount  payable  by  each  person. 

"  13.  To  make  out  rate  bill,  containing  the  name  of  each  person  so  liable, 
and  the  amount  for  which  he  is  liable,  and  to  annex  thereto  a  warrant  for 
the  collection  thereof." 

Then  follows  subdivision  14th,  which  was  amended  by  the  new  law  as 
given  above. —  Amended  April  nth,  1849. 

Section  105,  chap.  480,  laws  of  1847,  is  hereby  amended  so  as  to  read 
as  follows : 

"  When  the  necessary  fuel  for  the  school  of  any  district  shall  not  be  pro- 
vided by  means  of  a  tax  on  the  inhabitants  of  the  district  or  otherwise, 
it  shall  be  the  duty  of  the  trustees  of  the  district  to  provide  the  necessary 
fuel  and  levy  a  tax  upon  the  inhabitants  of  the  district  to  pay  for  the  same." 

The  que^ion  is,  how  shall  the  trustees  collect  a  bill  for  wood,  where  it 
was  provided  for  at  the  annual  meeting  in  October  last,  and  voted  by  the 
meeting  that  it  be  paid  by  those  sending  to  school?  Cannot  this  be  collected 
by  a  rate  bill;  if  not,  what  can  the  word  otherwise  mean  in  the  lOSth  sec- 
tion, as  amended  April  nth,  1849?  Can  the  Legislature  annul  previous 
contracts  ? 

Subdivision  8,  sec.  82,  chap.  480,  laws  of  1847,  is  hereby  amended  so  as 
to  read  as  follows: 

"  To  pay  the  wages  of  such  teachers  when  qualified,  by  giving  them  an 
order  on  the  Town  Superintendent  for  the  public  money  belonging  to  their 
districts,  so  far  as  such  moneys  shall  be  sufficient  for  that  purpose,  and 
collect  the  residue  of  such  wages  from  all  persons  liable  therefor." 

Should  not  the  trustees  give  the  teachers  an  order  on  the  Town  Superinten. 
dents,  and  then  raise  and  collect  the  remainder  from  those  who  sent  to  school 
as  formerly? 

The  section  before  amended  reads  as  follows : 

"  To  pay  the  wages  of  such  teachers  when  qualified,  out  of  the  moneys 
which  shall  come  into  their  hands  from  the  town  superintendent,  so  far  as 
such  moneys  shall  be  sufficient  for  that  purpose,  and  collect  the  residue  of 
such  wages,  excepting  such  sums  as  may  have  been  collected  by  the  teachers, 
from  all  persons  liable  therefor." 

All  the  alteration  in  the  section  as  amended,  if  there  is  anything  essential, 
is  the  direction  for  the  trustees  to  give  the  teachers  orders  on  the  town 
superintendent.  As  this  amendment  was  passed  April  nth,  1849,  and  the 
new  school  law  March  26,  1849,  do  not  the  amendments  do  away  with  the 
1st  and  3d  sections  of  the  new  school  law?  as  that  was  passed  subsequently. 


FREE  SCHOOLS  255 

Have  young  men  or  women,  over  21  years  of  age,  a  right  to  the  common 
schools  in  one  of  the  districts  bordering  on  the  city?  A  teacher  thinks  they 
ought  to  be  turned  out. 

A  Farmer 
— Rochester  Daily  Democrat,  January  9,  1850 

Messrs  Editors:  As  you  have  always  been  liberal  in  giving  place  in 
your  columns  for  the  discussion  of  all  subjects  relating  to  public  interest, 
I  take  th-e  liberty  to  offer  some  remarks  on  the  new  "  free  school  law,"  as 
it  is  called. 

It  may  seem  to  many  to  be  quite  out  of  place  at  this  time  to  question  the 
justice  or  expediency  of  this  measure,  since  it  has  been  passed  upon  and 
received  such  popular  favor.  But  if  this  law  is  either  just  or  expedient  you 
will  allow  me  to  suggest  a  very  important  amendment. 

It  must  be  obvious  that  all  are  not  alike  able  to  provide  suitable  food 
and  clothing  for  their  children,  and,  therefore,  cannot  receive  equal  benefits 
from  the  free  schools. 

To  relieve  this  difBculty  I  would  recommend,  that  the  Legislature  be 
requested  so  to  amend  this  statute  as  to  give  to  the  inhabitants  of  the  several 
school  districts  power  to  raise  such  farther  sums  as  the  trustees  of  their 
respective  districts  may  recommend  to  feed  and  clothe  all  over  five  and 
under  twenty-one  years  of  age,  who  may  reside  in  the  district,  or  may  be 
admitted  by  the  trustees  to  the  benefits  of  the  free  schools,  in  the  samt 
manner  as  is  now  provided  by  law  for  teacher's  wages,  fuel,  and  other  con- 
tingent expenses. 

This  at  first  may  meet  with  opposition,  but  it  is  believed  that  it  would 
be  difficult  to  show  any  good  reason  why  this  amendment  should  not  find 
favor  as  well  as  the  law  in  question. 

No  parent  can  say  he  is  not  as  much  in  duty  bound  to  provide  for  and 
educate  his  children  as  he  is  to  feed  or  clothe  them;  and  if  the  public 
supply  the  latter  want,  he  has  so  much  the  more  for  the  former. 

An  important  branch  of  parental  education  is  to  instruct  children  to  be 
frugal,  indtcstrious  and  honest;  without  which  a  knowledge  of  letters  or 
numbers  are  of  no  use.  It  cannot  with  truth  be  said  that  the  free  school 
system  in  its  present  form  oflfers  any  aid  to  this  kind  of  instruction,  but 
raises  formidable  opposing  barriers  against  it. 

It  may  be  that  the  wisdom  of  this  progressive  age  will  devise  a  more 
eflFcctivc  plan  than  has  been  named.  One  which  would  cover  the  whole 
ground,  and  thus  supercede  the  necessity  of  a  sp'ecial  act  for  the  homestead 
exemption,  or  to  make  void  all  contracts  for  an  amount  equal  to  a  home- 
stead by,  providing  that  all  property  in  the  state  be  equally  divided  annually. 

No  one  will  question  or  doubt  the  power  of  the  Legislature  to  make  such 
a  law  and  submit  it  to  the  people;  and  they  can  respond  to  it  with  such 
democratic  unanijnity  as  to  leave  no  doubt  of  its  obligation,  and  in  this  way 
put  on  a  level  idleness  with  industry,  extravagance  with  prudence,  intem- 
perance with  sobriety  —  in  short  every  species  of  vice  with  virtue. 

Free  Democracy 
—  Rochester  Daily  Democrat,  February  4,  1850 


256  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

The  New  School  Law 

Messrs  Editors:  When  there  is  an  honest  difference  of  opinion  on  any 
public  measure,  it  is  just  and  proper  to  discuss  those  measures,  providing  it 
is  done  with  prudence  and  candor. 

Previous  to  the  adoption  of  the  new  school  law,  there  was  a  general 
apathy  in  communities  as  to  its  effects,  but  now,  when  it  has  gone  into 
operation,  it  has  aroused  their  feelings  and  created  discord  and  strife  in 
former  peaceable  districts. 

The  undersigned,  with  hundreds  of  others,  now  believe  the  law  to  be  uncon- 
stitutional, arbitrary,  and  unjust,  and  virtually  destroying  the  principles  of 
free  government,  and  will  be  an  injury  to  the  schools  by  retarding  instead 
of  advancing  education. 

Free  government  is  based  on  justice;  laws  are  made  to  protect  the  rights 
of  man  against  the  caprice  and  cupidity  of  his  fellow,  to  guard  the  weak 
against  the  strong,  and  defend  the  few  from  the  encroachments  of  the  many, 
and  legislators  are  bound  by  the  social  contract  to  protect  by  law,  the  life, 
liberty,  and  property  of  every  member  of  society. 

But  the  new  school  law  takes  A's  property  without  his  consent  and  applies 
it  to  the  benefit  of  B.,  which  is  unconstitutional,  arbitrary,  and  unjust.  Legis- 
lators have  no  right  to  license  one  man  to  infringe  on  the  rights  of  his 
fellow,  and  it  would  be  well  if  they  never  usurped  the  power. —  And  what 
are  the  great  benefits  that  this  new  law  will  produce  to  sanction  such 
injustice?  Is  it  the  education  of  the  poor?  No,  for  they  were  amply  pro- 
vided for  under  the  old  law.  The  state  appropriation  was  amply  sufficient  to 
educate  all  the  poor  children  in  the  state,  if  their  parents  were  but  willing 
to  accept  of  it.  What  then  was  its  object?  Has  it  introduced  any  new 
system  of  instruction,  or  any  improvement  in  moral  discipline?  Not  any. 
Where  then  is  the  great  boon  to  society?  The  name  of  free  schools.  A  most 
glorious  achievement.  The  schools  of  the  Empire  State  are  all  free.  Yes, 
made  free  by  arbitrary  taxation. 

The  cupidity  of  mankind  prompts  too  many,  to  desire  the  property  of 
their  neighbors,  and  does  not  need  any  encouragement  by  legislation  or 
popular  applause.  The  youth,  who  is  trained  to  think  it  right  to  take  the 
earnings  of  his  neighbor  to  pay  his  schooling,  will  easily  palliate  to  his 
conscience  for  taking  the  fruits  of  his  garden,  or  the  contents  of  his  granary. 
If  B.  takes  A's  money  and  purchases  bread  for  his  children,  he  is  a  felon 
and  punished  for  the  act,  but  if  he  pays  for  their  schooling  with  it,  it  is  a 
virtue  sanctioned  by  law  —  which  is  weighing  honesty  by  a  very  deHcate 
ballance,  and  hair's  breadth  splitting  of  justice.  Destroy  the  right  of  prop- 
erty, and  civilization  will  cease  to  exist  —  agrarianism  and  force  must  become 
the  order  of  the  day. 

But  it  will  be  an  injury  to  the  schools  by  lessening  the  inducements  to 
industry  and  perseverance.  One  great  hindrance  to  children's  advancement 
in  school,  is  the  indifference  of  their  parents.  When  there  is  no  interest 
taken  in  the  improvement  of  the  child  at  home  progress  at  school  need  not 
be  expected;  and  remove  the  responsibility  of  paying,  and  you  increase  the 
indifference  ten  fold,  for  the  love  of  money  is  the  principal  prompter  to 
action  with  the  bulk  of  mankind. 

A  cordial  union  of  feeling  and  action  is  very  essential  to  the  advancement 


FREE  SCHOOLS  257 

of  any  public  measure,  and  none  more  so,  than  with  the  progress  of  schools. 
One  faultfinding  boy  will  contaminate  a  school  and  a  few  discontented 
members  will  ruin  a  district;  and  you  cannot  expect  the  friendly  feeling 
nor  cordial  support  of  those  who  believe  that  they  are  unjustly  compelled 
to  give  the  fruits  of  their  labors  for  the  benefit  of  others. 

But  to  conclude,  the  law  is  unconstitutional,  arbitrary  and  unjust,  impos* 
ing  unnecessary  taxation,  which  violates  the  right  of  property,  and  it  will 
destroy  the  peace  of  society,  by  arousing  the  feelings  of  animosity  of  man 
against  his  fellow,  and  will  deter  the  progress  in  learning  by  reducing  the 
incentives  to  industry,  without  promoting  any  general  good,  and  it  ought  to 
be  immediately  repealed. 

Wheatlander 
Wheatland,  Feb.  4,  1850 

—  Rochester  Daily  Democrat,  February  7,  1850 

Messrs  Editors:  Having  perceived  several  articles  in  recent  numbers  of 
the  Democrat,  adverse  to  the  principle  of  the  "  free  school  law  "  especially 
the  one  signed  "  Wheatlander,"  will  you  permit  a  very  humble  individual, 
and  a  comparative  stranger,  to  allow  his  thoughts  on  the  subject  to  appear 
in  your  columns?  Entertaining  as  he  does,  the  same  opinion  as  your  worthy 
correspondent,  that  "  when  there  is  an  honest  difference  of  opinion  on  any 
public  measure,  it  is  quite  proper  to  discuss  those  (that)  measure,  provided 
it  is  done  with  prudence  and  candor." 

It  is  fair  to  presume,  that  previous  to  the  enactment  of  any  public  measure, 
especially  involving  a  principle  of  taxation  among  a  free  people,  that  that 
measure  has  been  scrutinized  and  thoroughly  discussed  in  the  Legislature, 
whose  immediate  province  it  is  to  "protect  the  life,  liberty  and  property  of 
every  member  of  the  community."  But  as  it  is  possible  that  even  the  wisest 
counsellors  may  propose  and  adopt  measures  too  hastily,  it  is  both  just 
and  proper  that  their  proceedings  should  be  submitted  to  the  test  of  experi- 
ence, "and  the  ordeal  of  public  opinion ;  and  I  claim,  on  behalf  of  the  "  new 
school  law,"  the  former,  and  with  regard  to  the  latter,  it  has  hitherto  been 
sanctioned  by  the  public  vote ;  and  if  "  Wheatlander  "  be  a  true  Republican,  I 
presume  he  acknowledges  the  correctness  of  the  sentiment,  "  Vox  Populi  Vox 
Dei."  Be  that  as  it  may,  I  will  endeavor  briefly  to  examine  the  sentiments 
advanced  by  him. 

I  am  at  issue  with  "  Wheatlander  "  in  his  belief  that  this  law  is  "  unconsti- 
tutional, arbitrary,  unjust,  and  virtually  destroying  the  principles  of  free 
government,  and  will  be  an  injury  to  the  schools  by  retarding  instead  of 
advancing  education."  Were  those  my  sentiments,  I  certainly  should  denounce 
the  measure,  in  terms  even  stronger  than  he  has ;  but,  with  all  due  deference 
to  his  acute  reasonings,  I  differ  from  him  in  toto,  as  to  the  principle,  and 
he  will  pardon  me  when  I  question  the  patriotism  of  his  principles.  I 
maintain  that  the  law  is  constitutional,  because  power  is  given  to  the  Legjis- 
lature  by  the  constitution  itself  to  devise  and  propose  such  measures  as,  in 
its  judgment,  may  appear  best  calculated  to  promote  the  welfare  of  the 
people  and  the  perpetuity  of  the  Union.  In  the  present  instance  there  would 
have  been  nothing  unconstitutional  if  the  law  had  been  allowed  to  go  into 
operation  without  previously  subjecting  it  to  a  general  vote;  and  if  there  be 
any  arbitrariness  in  it  the  constitution  alone  is  chargeable  therewith;  and  I 

17 


258  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

think  the  skill  of  your  correspondent  would  be  put  to  a  very  severe  test  to 
improve  that  constitution.  I  hope  "  Wheatlander "  and  myself  may  both 
behold  the  day  when  every  good  measure  shall  be  carried  into  effect  without 
taxation,  according  to  the  laws  of  nature  and  sound  reasoning,  but,  until 
that  is  the  case,  we  must  be  content  to  allow  the  imposition  of  taxes,  as  the 
least  of  two  evils. 

Admitting,  then,  that  taxation  is  justifiable  in  some  circumstances  surely 
it  must  follow  that  to  tax  for  the  promotion  of  education  is  more  just  than 
for  other  purposes;  especially  as  the  education  of  the  people  is  the  great 
bulwark  of  liberty  and  prosperity. 

Your  correspondent  goes  on  to  remark  that  "  Free  government  is  based 
on  justice,  laws  are  made  to  protect  the  rights  of  man  against  his  fellow, 
to  guard  the  weak  against  the  strong,  and  defend  the  feiv  against  the 
encroachments  of  the  many;  and  legislators  are  bound  by  the  social  com. 
pact  to  protect  by  law  the  life,  liberty  and  property  of  every  member  of  a 
community."  The  sentiments  embodied  in  the  last  quotation  lead  me  strongly 
to  suspect  that  "  Wheatlander "  must  have  received  his  political  education 
under  the  auspices  of  a  foreign  despot,  or  under  kingly  authority,  inasmuch 
as  the  law-makers  in  such  countries  make  the  laws  to  "  defend  the  few 
against  the  many; "  this  is  so  purely  aristocratic,  that  it  must  be  obvious 
that  an  impartial  reader  could  come  to  no  other  conclusion.  Fortunately, 
however,  this  government  is  bound  by  the  "  social  compact  to  protect  the 
interests  of  the  many  against  the  encroachments  of  the  few,"  thus  imposing 
a  salutary  check  to  avarice  and  "  cupidity  "  so  very  agreeable  to  anti-repub- 
lican governments.  Whatever  may  be  the  opinion  of  the  "hundreds"  who 
think  with  your  correspondent,  I  have  the  satisfaction  of  knowing  that  his 
"  hundreds  "  are  opposed  by  millions  in  this  free  and  happy  country. 

I  have  yet  to  be  convinced  how  it  is  that  the  "  new  school  law "  takes 
A's  property,  without  his  consent,  and  applies  it  for  the  benefit  of  B.  Of 
course  no  individual  would  willingly  consent  to  have  money  forced  from  his 
pocket;  but  it  is  not  so  in  the  present  instance  (unless  indeed  all  taxation  is 
direct  robbery,)  for  the  people  have  taxed  themselves ;  and  in  this,  as  in  all 
other  cases,  the  consent  of  the  minority  can  be  lawfully  and  justly  claimed 
to  the  acts  of  the  majority;  invert  this  order,  and  you  immediately  put  an 
end  to  the  principles  now  governing  the  intelligent  world;  and  I,  moreover, 
firmly  believe,  that  every  landowner  will,  by  the  operation  of  this  law,  enhance 
rather  than  decrease  the  value  of  his  property.  It  may  not  be  the  immediate, 
but  it  must  be  the  ultimate  result. 

That  economy  should  be  rigidly  observed  in  the  administration  of  all  laws, 
I  willingly  admit;  and  if  there  are  any  funds  now  available  to  further  the 
interests  of  the  "free  school  law,"  those  who  have  charge  of  such  funds 
are  bound  by  honor  and  honesty  to  see  that  they  are  properly  applied;  this 
would  materially  diminish  the  amount  to  be  raised.  If  the  report  of  the 
Superintendent  of  Common  Schools  is  to  be  credited,  an  enormous  amount 
belonging  to  the  school  fund  is  misapplied  or  bearing  no  interest  in  this 
State.  I  submit  to  "  Wheatlander "  that  he  would  be  rendering  a  greater 
service  towards  subduing  the  "  discord  and  strife  in  peaceable  districts," 
by  directing  his  attention  to  this  subject,  and  obtaining  the  co-operation  of 
the  aggrieved  "  hundreds."     And  by  turning  that   fund  into  its  legitimate 


FREE   SCHOOLS  259 

channel,  with  the  usual  state  appropriations,  there  would  then  be  probably 
little,  if  anything,  to  raise  in  addition ;  in  which  case  our  common  schools 
would  be  free  indeed. 

Another  popular  argument  against  this  law  is,  that  it  gives  education  as 
a  capital  to  be  used  wherever  and  whenever  its  possessor  pleases;  and  that 
its  tendency  is  to  encourage  parents  in  idleness  and  children  in  vicious  habits, 
and  unlawful  pursuits.  With  respect  to  the  former  objection,  I  maintain 
that  government  sustains  a  relation  to  the  people  analogous  to  that  which 
a  parent  sustains  to  his  family;  who  is  required  by  nature  to  provide  for 
every  animal  want  of  his  offspring  to  the  utmost  of  his  physical  strength: 
and  the  principles  of  our  common  humanity  are  outraged  by  that  parent 
who  discharges  not  that  moral  obligation.  In  like  manner  the  guardians  of 
the  public  mind  and  morals,  are  bound  by  the  same  laws  to  provide  the 
means  for  training  the  rising  generations  in  those  principles  absolutely  neces- 
sary to  the  maintenance  of  a  government  dependent  upon  the  popular  will : 
and  are  called  upon  to  levy  a  tax  upon  the  only  available  capital,  which  is 
land,  to  meet  the  expenses  incurred  by  the  discharge  of  their  appointed  duty. 
The  land  of  the  country  is  the  great  capital  of  the  Nation,  and,  while 
its  possessors  are  to  be  protected  in  their  lawful  share,  there  is  no  other 
legitimate  source  from  which  taxes  can  be  so  unobjectionably  derived :  and 
whilst  it  is  freely  admitted  that  the  purchasers  of  land  have  a  lawful  claim, 
and  are  entitled  to  the  most  interest  they  can  derive  therefrom ;  that  interest 
would  be  not  only  greatly  augmented  by  a  more  careful  cultivation,  but 
would  easily  yield  more  abundantly,  if  the  knowledge  which  sound  education 
imparts  be  assiduously  applied.  Now,  if  this  education  be  freely  given  to 
the  enduring  sons  of  toil  whilst  it  gives  them  a  capital  in  knowledge,  cannot 
fail  to  afford  the  most  reasonable  and  ample  return  in  actual  profit  to  the 
land  owner ! 

Unfortunately  there  are  many  parents  who  alike  dishonor  their  character, 
their  country  and  their  God,  by  setting  a  pernicious  example  of  idleness, 
extravagance  and  dissipation.  To  counteract  this  influence  and  implant  more 
worthy  motives  in  the  breasts  of  the  children  of  such  parents,  it  becomes  the 
duty  of  every  good  citizen,  and  much  more  that  of  an  enlightened  Govern- 
ment, to  provide  for  the  strengthening  and  perpetuity  of  those  institutions, 
wherein  is  set  before  youth  the  benefits  resulting  from  intellectual  pursuits. 
Again,  there  are  thousands  of  poor  but  industrious  men  in  this  country, 
whose  hard  earnings  are  scarcely  sufficient  to  supply  the  daily  bread  of  their 
children ;  and  yet  those  children  have  an  undoubted  claim  upon  the  great 
storehouse  of  wisdom,  who  are  hourly  begging  to  be  supplied  with  mental 
food,  which  food  can  be  amply  obtained  from  the  common  schools.  Shall 
not  their  mental  desires  be  satisfied,  since,  by  the  sweat  of  their  father's  brow 
the  land  yields  plenteously?  Forbid  it  every  generous  feeling!  This  earth 
was  given  to  the  children  of  men,  and  there  is  land  enough,  and  to  spare,  to 
supply  all  the  bodily  and  mental  wants  of  the  human  family.  But  alas !  The 
cloven  foot  of  aristocracy  begins  to  tread  this  land  of  freedom !  That  hydra- 
headed  monster  monoply  is  making  fearful  strides;  his  hideous  figure  is 
observable  on  the  right  and  on  the  left;  in  the  east  and  in  the  west;  in  the 
north  and  in  the  south;  and  he  has  planted  the  print  of  his  feet  even  in  the 
tracks  of  our  Pilgrim  Fathers !    And  instead  of  the  cry  those  worthies  raised 


26o  THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

as  a  watchword  to  posterity,  "  The  Bible  and  the  spelling  book  for  our 
children"  our  ears  are  pained  to  hear  the  cry  of  avarice  and  ambition  — 
"  Land !  more  land !  "  Forgetful  of  the  admonition,  "  They  that  would  be 
rich,  fall  into  temptation  and  a  snare." 

Such  are  the  observations  which  a  comparative  stranger  has  made  since 
he  has  been  among  you ;  and  he  hopes  he  may  be  pardoned  for  expressing 
the  fear  that  the  institutions  of  the  country  are  in  danger  from  the  rapid 
strides  which  proud  aristocracy  is  making,  and  for  suggesting  to  all  who 
entertain  similar  sentiments  with  "  Wheatlander  "  the  propriety  of  pausing 
and  seriously  reflecting  upon  the  motives  by  which  tliey  may  possibly  be 
influenced  in  their  opposition,  to  a  measure,  which,  upon  mature  reflection 
will  not  appear  so  dangerous  and  unjust  as  they  imagine,  and  turn  their 
thoughts  and  energies  to  those  efforts  calculated  to  strengthen  the  institutions 
of  the  country;  by  the  subversion  of  the  foundations  of  ignorance. 

The  desire  to  remove  erroneous  sentiments,  and  to  assist  in  promoting 
sound  education,  I  wish  you,  Messrs  Editors,  to  receive  as  an  apology  for 
the  length  of  this  article. 

West  Brightonian 
—  Rochester  Daily  Democrat,  March  6,  1850 

The  Free  School  Law 

Messrs  Editors:  I  was  in  hopes  that  the  usurpations  of  power  which  the. 
Legislature  exercised  last  session,  by  giving  the  law-making  power  to  the 
people,  was  the  result  of  oversight,  caused  by  an  over  anxious  desire  to  do 
good;  but  it  is  with  sincere  regret  that  we  are  compelled  to  believe  that  it 
originated  in  a  design  to  change  the  fundamental  principles  of  the  govern- 
ment, for  I  see  that  Mr.  Mann  has  introduced  a  bill  to  again  test  the  school 
law  by  a  popular  vote. 

Our  government  is  a  representative  one.  The  framers  of  the  constitution, 
profiting  by  the  experience  of  ancient  Greece,  vested  the  law-making  power 
with  the  representatives  of  the  people,  and  what  right  has  the  Legislature 
to  change  it  to  the  popular  voice?  Are  they  invested  with  absolute  power  to 
form  any  kind  of  government  that  suits  their  caprice?  If  our  government 
is  a  popular  one;  if  the  law-making  power  exists  directly  with  the  people, 
what  call  is  there  for  a  Legislature?  any  one  who  chooses  may  propose 
laws,  and  the  popular  voice  sanction  them  by  a  majority  vote,  and  it  must 
ibecome  the  law  of  the  land.  But,  I  repeat,  what  right  has  the  Legislature 
to  change  the  fundamental  principles  of  the  government?  when  and  how 
were  they  clothed  with  absolute  power  to  enable  them  to  alter  the  constitu- 
tion at  pleasure?  But  the  self-creating  power  of  an  absolute  power  is  but 
a  small  part  of  the  mischief  that  this  usurpation  will  inflict  on  society. 

What  are  the  legitimate  ends  of  government  but  to  protect  the  rights  of 
man?  and  what  are  those  rights  that  have  to  be  protected?  Life,  liberty  and 
property,  and  of  those,  property  requires  the  most  guardianship,  for  the 
cupidity  and  avarice  of  man  are  constantly  making  inroads  on  the  possessions 
of  his  neighbor.  Why  are  laws  made  for  the  collection  of  debts?  Why  are 
statute  books  filled  with  acts  to  punish  fraud,  theft,  forgery,  and  a  hundred 
various  shades  of  man's  encroachments  on  the  property  of  his  fellow?  what 
are  the  principal  cases  that  occupy  our  courts  of  justice?  what  is  it  that  gives 


FREE   SCHOOLS  261 

the  principal  employment  to  our  hundreds  of  lawyers,  but  the  violation  of 
the  rights  of  property? 

It  ii  much  to  be  regretted  that  our  legislature  does  not  realize  the  great 
evil  that  it  does  the  morals  of  community  in  encouraging  their  cupidity  by 
a  popular  vote.  Of  all  the  acts  of  popular  government,  there  are  none  so 
ruinous  to  the  principles  of  honesty  as  to  sanction  taxation  by  the  popular 
voice.  Thousands  of  voters  are  not  tax-payers,  but  will  profit  themselves 
by  the  violations  of  their  neighbor's  rights;  and  it  does  not  appear  to  be 
realised  that  a  righteous  cause  does  not  justify  unjust  means. 

It  is  fallacious  to  think  that  a  popular  vote,  no  matter  how  large  the 
majority,  can  create  right.  If  all  the  State  should  vote  that  James  should 
divide  his  farm  among  his  neighbors,  in  ten,  five  or  one  acre  lots,  or  even 
one  foot  parcels,  it  would  not  make  it  just.  They  might  have  the  power,  but 
I  would  rather  say  that  they  might  by  force  compel  him  to  do  it,  and  the 
law  of  force  will  be  the  order  of  the  day. 

Truth 
—  Rochester  Daily  Democrat,  March  14,  1850 

The  New  School  Law 

Messrs  Editors:  I  have  read  several  articles  of  late  in  your  excellent  paper, 
relative  to  the  new  school  law.  The  subject  is  one  of  such  vast  importance 
that  I  think  you  will  pardon  me  for  troubling  you  again  with  another  upon 
that  most  important  subject.  All  agree  in  this:  that  education  is  a  great 
blessing  to  all,  and  that  every  child  should  have  an  opportunity  to  acquire 
a  good  common  school  education.  But  there  are  different  opinions  in  regard 
to  the  best  method  of  effecting  the  object  sought  for.  Mr.  Young,  author  of 
the  Science  of  Government,  published  in  1847  a  new  edition,  adapted  to 
the  new  constitution  and  to  the  laws  of  1847,  says :  "  Thus  we  see  how 
wisely  the  government  has  provided  for  the  education  of  the  people.  The 
poorest  child  need  not  remain  ignorant.  If  all  the  youth  in  our  country  would 
improve  the  means  they  have  of  becoming  well  educated,  and  make  a  good 
use  of  their  learning,  how  greatly  would  the  people  share  in  the  blessings  of 
a  republican  government."  If  Mr.  Young  is  correct,  and  I  think  he  is.  why 
the  necessity  of  this  change?  Under  the  old  law  the  schools  were  conducted 
harmoniously,  and  were  in  a  flourishing  condition ;  but  what  are  their  con- 
dition now? — Some  have  idur  months'  schooling  where  they  formerly  had 
ten,  and  some  have  none.  Hatred  and  malice  have  taken  the  place  of  peace 
and  harmony.  Can  the  district  schools  prosper  under  such  circumstances? 
All  must  say  no.  Why  then  keep  up  this  system.  But  what  says  the  Senate 
committee  on  this  subject?  They  say  there  is  complaint  that  the  school  law 
of  this  State,  by  repeated  alterations  and  amendments,  has  become  volumi- 
nous and  complicated  almost  beyond  comprehension  —  so  much  so  as  to 
require  gradually  revising,  simplifying  and  abridging,  is  by  no  means  unjust, 
and  such  a  course  is  recommended  by  that  committee.  They  say  that  much 
of  the  opposition  to  the  new  school  law  has  arisen  from  reluctance  of  the 
taxpayers  to  vote  the  necessary  money  for  the  maintenance  of  the  free 
schools.  This  is  true;  and  why  is  it,  when  the  law  received  a  large  majority 
of  the  votes  cast  in  the  State,  and  that  some  seven-eighths  of  the  inhabitants 
of  school  districts  where  petitions  have  been  circulated  have  signed  to  repeal 


262  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

the  law?  It  is  because  experience  has  shown  the  inequality  and  the  unjust- 
ness  in  its  practical  application.  It  causes  many  people  to  pay  for  schooling 
their  neighbor's  children  who  are  wealthy,  own  large  farms,  and  free  from 
debt,  while  they,  many  of  them,  are  young  men  who  have  by  industry  and 
economy  labored  hard  to  accumulate  a  little  property  (as  the  old  saying  is, 
"  for  a  wet  day")  and  purchased  farms,  paid  the  little  they  had  accumulated, 
and  gave  mortgages  for  one-half,  and  sdme  for  three-fourths  of  the  purchase 
money;  then  go  to  work,  labor  night  and  day,  deprive  themselves  of  luxuries 
and  the  comforts  of  life,  and  need  every  shilling  they  can  earn  to  make 
their  payments,  and  yet  must  be  taxed  for  the  full  amount  of  these  farms 
to  pay  for  schooling  the  children  of  those  who  have  their  farms  paid  for, 
have  elegant  buildings,  and  are  enjoying  all  the  luxuries  and  comforts  of 
Hfe,  ride  in  their  carriages  and  live  in  splendor. 

Nearly  one-half  of  the  taxpayers  in  the  district  where  I  live  are  similarly 
situated,  and  there  are  many  such  cases  in  every  district  so  far  as  my  knowl- 
edge extends.  This  is  the  cause  why  the  appropriations  are  voted  down. 
These  same  persons  arc  willing  to  pay  for  schooling  the  children  of  poor 
men,  but  not  for  those  who  are  not  worth  twice  or  thrice  as  much  as  they 
are.  We  were  satisfied  with  the  old  law,  it  was  good  enough.  It  is  an  old 
saying  that  it  is  best  to  let  well  enough  alone.  The  Legislature  may  make 
laws  that  will  allow  our  neighbors  to  put  their  hands  into  our  pockets  and 
take  ooit  our  money,  but  it  will  take  a  higher  power  to  make  them  reconciled 
to  it  and  friendly  towards  each  other.  The  committee  say  that  the  rate-bills 
are  still  regarded  with  favor,  because  they  fall  not  upon  the  property  of  a 
district  but  upon  the  parents  who  have  children  to  send  to  school.  They  say 
many  parents,  however,  under  the  old  system  kept  their  children  at  home 
because  they  could  not  afford  to  pay,  and  because  they  were  not  willing  to 
confess  their  pauperism  which  alone  entitled  them  to  free  schooling.  This 
is  getting  to  be  quite  an  argument  with  those  who  are  in  favor  of  free  schools 
and  is  one  newly  manufactured.  I  am  in  my  sixtieth  year,  have  lived  in 
different  towns  and  counties  in  the  State,  have  brought  up  and  educated  a 
family  of  children,  and  have  had  much  to  da  with  the  district  schools,  but 
I  never  heard  a  poor  man  say  he  would  keep  his  children  at  home  for  that 
reason,  but  when  they  have  been  urged  to  send  their  children  to  school,  I 
have  frequently  heard  them  say  they  had  nothing  for  them  to  carry  for  their 
dinners,  or  that  their  clothing  was  not  such  as  they  desired,  and  others 
were  indifferent  as  to  their  education.  If  the  Legislature  should  remedy  this, 
there  would  many  more  attend  the  schools. 

The  committee,  in  order  to  show  the  benefits  of  free  schools,  states  a 
case  of  murder.  I  will  give  their  words.  They  say,  already  the  farmer 
exposed  to  the  midnight  murderer,  who  (as  has  just  occurred  in  New 
Jersey)  climbs  by  an  upper  window  into  his  house,  and  slaughters  wife 
and  husband  in  their  bed  chamber.  That  murderer  was  an  untaught  stranger, 
who  came,  unblessed  by  a  free  school,  to  our  shores,  and  revenged  himself 
upon  a  prosperity  he  envied  by  robbery  and  outrage.  One  of  the  members 
of  that  committee  is  a  resident  of  Rochester.  Why  did  he  not  state  a  case 
in  his  own  city,  which  occurred  recently;  and  whether  that  man  was  an 
untaught  stranger,  and  unblessed  by  a  free  school?  What  was  it  but  the 
skill  and  the  science  he  possessed,  that  saved  him  from  the  severity  of  the 


FREE   SCHOOLS  263 

law?  Why  not  mentioned  the  case  that  occurred  in  Boston;  was  not  that 
man  unblessed  by  free  schools?  Is  free  schools  a  sure  guarantee  against 
crime?  The  committee  would  have  us  think  so;  but  it  is  not  so.  If  a 
man's  inclination  is  to  commit  crime,  education  will  enable  him  to  carry 
it  out  more  effectually,  and  elude  the  vigilance  of  the  law;  but  if  he  is  inclined 
to  do  good,  education  will  make  him  a  more  useful  man.  Why  does  not  this 
committee,  who  have  so  much  sympathy  for  the  poor,  tell  us  how  the 
public  money  is  expended;  and  whether  the  schools  could  not  be  made  free 
by  that  fund,  if  rightly  appropriated. 

And  why  the  colleges  receive  from  three  to  four  thousand  dollars  each 
from  the  public  money? — Geneva  College  receives  $4,000  yearly  —  the 
students  in  that  college  number  37,  more  than  $108  to  each  one,  and  probably 
others  about  the  same.  Are  they  poor  men's  sons?  judge  for  yourselves! 
While  our  common  school  children  draw  from  the  State,  and  some,  twice 
that  amount,  so  they  draw  from  the  State  less  than  fifty  cents.  Why  is 
this  so?     Taxpayers,   look  to  it. 

These  are  the  amendments  submitted  to  the  Senate  by  the  committee  on 
literature : 

§  2  It  shall  be  the  duty  of  the  several  boards  of  supervisors  at  their  annual 
meetings,  or  at  any  special  meeting  duly  convened,  (in  pursuance  to  law,) 
to  cause  to  be  levied  and  collected  from  their  respective  counties,  in  the 
same  manner  as  county  taxes,  a  sum  equal  to  twice  the  amount  of  state 
school  moneys  apportioned  to  such  counties,  and  to  apportion  the  same 
among  the  towns  and  cities  in  the  same  manner  as  the  moneys  received  from 
the  State  are  apportioned.  They  shall  also  cause  to  be  levied  and  collected 
from  each  of  the  towns  in  their  respective  counties  in  the  same  manner  as 
other  town  taxes,  a  sum  equal  to  the  amount  of  state  school  moneys  appor- 
tioned to  said  towns  respectively,  (and  such  further  sum  as  the  electors  of 
each  town  shall  have  directed  to  be  raised  at  their  annual  town  meeting,  in 
pursuance  of  law.) 

§  2  The  sixth  section  of  the  aforesaid  is  hereby  amended  so  as  to  read  as 
follows : 

§  6  When  the  said  voters  of  any  district  at  their  annual  meeting,  (or  at  a 
special  meeting  called  for  that  purpose  in  pursuance  of  law)  shall  refuse 
or  neglect  to  raise  by  tax  a  sum  of  money,  which  added  to  the  sum  appor- 
tioned to  said  district  by  the  State,  and  the  money  raised  by  the  board  of 
supervisors,  under  the  second  section  of  this  act,  will  support  a  school  in  said 
district  for  at  least  eight  months  of  the  year,  keep  the  school  house  in  proper 
repair,  and  furnish  the  necessary  fuel,  and  employ  a  teacher,  or  teachers,  for 
eight  months,  and  the  whole  expense  shall  be  levied  and  collected  in  the 
manner  provided  in  the  third  section  of  this  act;  and  no  district  so  refusing 
or  neglecting  to  make  provision  as  required  by  this  act,  for  the  proper  support 
of  a  school  for  at  least  eight  months  in  a  year,  shall  receive  any  share  of 
the  public  money. 

§  3  The  Comptroller  is  hereby  authorized  to  loan  from  the  common  school 
fund  to  the  supervisors  of  any  county  in  which  the  amount  required  by  the 
second  section  of  the  act  hereby  amended  shall  not  have  been  raised,  a  sum 
equal  to  such  amount,  on  the  production  of  a  certified  copy  of  the  resolution 
of  such  board  to  apply  for  such  loan :  And  it  shall  be  the  duty  of  such  board, 
at  its  first  annual  session  thereafter,  to  levy  and  collect  upon  the  taxable 
property  of  the  county,  in  the  same  manner  as  other  cotmty  taxes  are  levied 
and  collected,  an  amount  sufficient  to  repay  said  loan,  with  interest,  and  when 
collected  it  shall  be  the  duty  of  the  county  treasurer  to  pay  over  the  same  to 
the  Comptroller;  but  such  towns  or  districts  in  said  county  as  shall  have  duly 
raised  their  share  of  the  amounts  required  by  law,  shall  not  be  subject  to 
the  levy  and  collection  of  the  county  tax  as  hereinbefore  provided. 

§  4  The  omission  of  the  board  of  supervisors  of  any  county  to  raise  the 


264  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

additional  amount  required  by  the  second  section  of  the  act  hereby  amended, 
at  their  last  annual  meeting,  or  to  direct  the  loan  hereinbefore  provided  for, 
to  be  made,  shall  not  be  construed  in  any  manner  to  affect  or  invalidate  the 
duties  and  powers  conferred  and  imposed  upon  the  trustees  and  inhabitants 
of  the  several  school  districts  by  the  third  and  succeeding  sections  of  said 
act:  And  all  proceedings  heretofore  had  in  the  several  districts,  under  and 
in  pursuance  of  the  sections  aforesaid,  are  hereby  confirmed. 

If  the  above  amendments  should  become  a  law  we  shall  have  some 
thirty-five  thousand  dollars  for  school  purposes  to  be  collected  next  fall. 
Look  out  and  prepare  for  the  collector. 

A  Farmer 

—  Rochester  Daily  Advertiser,  February  ig,  1850 


FREE   SCHOOLS  265 

Chapter  8 
THE  ACT  OF  RESUBMISSION,   1850 

To  meet  this  verulent  hostility  against  the  free  school  measure, 
the  Legislature  passed  a  bill  to  resubmit  the  question  to  a  popular 
vote.  The  following  is  a  detailed  account  of  the  action  of  the 
Legislature  in  1850  as  taken  from  the  Assembly  and  Senate 
documents. 

Governor  Fish  in  his  annual  message  of  1850  makes  the  following 
reference  to  the  establishment  of  free  schools: 

The  adoption  by  the  people  at  the  last  annual  election,  of  the  act  to  estab- 
lish free  schools  throughout  the  State,  will  effect  a  most  important  change 
in  the  system  of  common  school  education.  Under  this  law,  the  common 
schools  are  to  be  free  to  all  persons  over  five  and  under  twenty-one  years 
of  age.  On  the  first  day  of  July  last,  there  were  11,191  organized  school 
districts  in  the  State;  being  an  increase  of  570  over  the  number  reported 
last  year;  and  the  number  of  children  taught  in  the  common  schools  during 
the  year,  was  778,309,  being  an  increase  of  2586  over  the  preceding  year. 
There  are  1893  unincorporated  and  private  schools  in  the  State,  comprising 
72,785  pupils.  The  aggregate  amount  of  public  money  received  by  the  several 
common  school  districts  from  all  sources,  during  the  year,  was  $846,71045. 
Of  this  sum,  $626456.69  have  been  apportioned  for  the  payment  of  teachers' 
wages.  In  addition  to  which,  $489,696.63  were  raised  in  the  several  districts 
on  rate  bills  for  the  same  object,  making  an  aggregate  of  $1,143401.16 
expended  for  teachers'  wages  during  the  year  ending  January  ist,  1849. 

1850 
In  Senate 

Jan.  8  (Doc.  67)  Petition  praying  amendment  to  new  school  law  to  revive 
free  school  law  of  village  of  Poughkeepsie,  referred 
to  Committee  on  Literature 

Jan.  12  "  Mr  Beekman  of  Committee  on  Literature,  to  which  was 

referred  a  petition  for  that  purpose,  reported  a  bill 
entitled  "AN  Act  to  amend  an  Act  Establishing  Free 
Schools  Throughout  the  State,  passed  March  26,  1849. 
Read,  by  unanimous  consent  read  second  time  and 
referred  to  Committee  of  the  Whole. 

Jan.  14  "  Debated   in    Committee   of    Whole    (Details   of    debate 

not  given  in  material  copied) 

Jan.  15  "  Debated  in  Committee  of  Whole  (Details  of  debate  not 

given  in  material  copied) 

Jan.  24  "  Resolutions  of  Board  of  Supervisors  of  Allegany  Co. 

presented,  asking  for  law  to  legalize  their  proceed- 
ings and  amend  free  school  law,  Referred  to  Com- 
mittee on  Literature 


266 


THE    UNIVERSITY    OF    THE   STATE   OF    NEW    YORK 


Jan.  30  (Doc.  67) 


Jan.  31 
F€b.  I 


March  I 


March 
March 


March  13 


April  I 


Jan.  12     (Doc.  67) 


Jan.  15 


Mr.  Miller  of  Commillee  on  Literature   reported  favor- 
ably on  bill  with  amendments,  Committed  to  Com- 
mittee of  the  Whole. 
Bill  ordered  engrossed  for  third  reading. 
Bill  read  and  passed. 

See  Document  64  for  copy  of  bill 

Message  from  Assembly  that  bill  had  been  passed 
without  amendment.     Bill  sent  to  Governor. 

Mr.  Beekman  from  Committee  on  Literature,  to  which 
was  referred  petition  for  that  purpose,  reported  in 
writing  and  introduced  a  bill  entitled  "An  Act  further 
to  amend  'An  Act  establishing  free  schools  throughout 
the  State,  passed  March  26,  1849.'  "  Read  twice  and 
referred  to  Committee  of  the  Whole. 

(See  Document  42  for  report  and  proposed  bill) 

Considered  in  Committee  of  Whole  and  held  in 
Committee. 

Considered  in  the  Committee  of  the  Whole 

On  motion  of  Mr  Beekman  resolved  that  bill  be  made 
special  order  for  Tuesday.  March  12 

In  Committee  of  the  Whole,  two  bills  were  considered 
The  bill  to  further  amend,  etc. 
"An  Act  to  submit  to  the  people  at  the  next  annual 
election  the  question  of  the  repeal  of  the  act  estab- 
lishing free  schools  throughout  the  State,  passed 
March  26," 

Both  bills  discussed  in  Committee  of  Whole.  Second 
bill  amended  by  striking  out  words  "  except  New 
York  City."  Second  bill  referred  to  select  committee. 
First  bill  held  in  Committee  of  the  Whole. 

(The  resubmission  bill  Doc.  44  was  passed  April  10. 
No  record  of  Senate  action  from  April  i  to  April 
ID  copied) 

1850 
In  Assembly 

Mr  Lesley,  in  pursuance  of  previous  notice,  asked  for 
and  obtained   leave  to  introduce  a   bill  entitled  "An 
Act  to  amend  an  act  establishing  free  schools  through- 
out the  State,  passed  March  26.  1849." 
Read   twice   and   referred   to  committee   on  colleges, 
academies  and  common  schools. 
(Bill   with   same  title   introduced  in    Senate   Mr   Beek- 
man same  day) 
Mr  Ward  introduced  a  bill  entitled  "An  act  to  amend 
an    act    entitled    an    Act    establishing   free   schools 
throughout  the  State  so  as  to  equalize  the  tax  and 
to   require    eight   months   school."     Read    twice    and 
referred    to    committee    on    colleges,    academies    and 
common  schools. 


FREE   SCHOOLS 


267 


Feb.  14 


March  2 


March  16 


Jan.  30  (Doc.  67)  Message  received  from  Senate  asking  concurrence  in 
'bill  entitled  "An  Act  to  amend  an  act  establishing  free 
schools  throughout  the  State,  passed  March  26,  1849" 
Bill  read  third  time  and  passed  by  vote  of  92  to  o. 
Bill  ordered  returned  to  Senate. 
Resolution  offered  upholding  free  school  principle  and 
requesting  appointment  of  commission  to  frame  new 
plan  to  provide  free  schools  and  to  simplify  common 
school  law.     Resolution  laid  on  table. 

The  Attorney  General  submitted  an  opinion  on  consti- 
tutionality of  free  school  law  (Doc.  41) 

Mr  McLean  gave  notice  that  he  would  introduce  a  bill 
to  submit  to  people  at  the  next  annual  election,  the 
question  of  repeal  of  the  act  establishing  free  schools 
throughout  the  State,  excluding  cities  and  villages 
from  voting  thereon  which  had  free  schools  under 
special  charters  previous  to  the  adoption  of  the  recent 
free  school  law. 

Mr  McLean  introduced  a  bill  entitled  "An  act  to  sub- 
mit to  the  people  at  the  next  annual  election  the  ques- 
tion of  the  repeal  of  the  act  establishing  free  schools 
throughout  the  State.     Referred  to  select  committee. 

Mr  Robinson  of  select  committee  to  which  had  been 
referred  sundry  petitions,  resolutions,  etc.  introduced 
bill  entitled  "An  act  further  to  amend  the  act  estab- 
lishing free  schools,  passed  March  26,  1849  "  Referred 
to  Committee  of  the  Whole.  Made  special  order  for 
March  27. 


March  18 


March  22 


March  26 


1850 
In  Senate 

Ordered  that  said  bill  (?)  be  engrossed  for  third 
reading 

Mr.  Kingsley,  from  minority  of  select  committee,  to 
which  was  referred  sundry  petitions,  remonstrances, 
reported  and  introduced  a  bill  entitled  "An  act 
to  repeal  Chapter  140  and  Chapter  404  of  the  Laws  of 
1849."  Read  twice  and  referred  to  Committee  of  the 
Whole. 

Mr.  Kingsley  from  the  select  committee  to  which  was 
people  at  the  next  annual  election  the  question  of 
referred  the  bill  entitled  "An  act  to  submit  to  the 
repeal  of  the  act  establishing  free  schools  throughout 
the  State "  reported  that  the  committee  had  made 
amendments  to  the  bill  and  saw  no  reason  why  it 
should  not  be  passed  as  amended.  Referred  to  Com- 
mittee of   the  Whole. 


268  THE   UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

March  27  (Doc.  67)  Considered  in  Committee  of  the  Whole 

An  act  further  to  amend  the  act  establishing  free  schools 
throughout  the  State,  passed  March  26,  1849 

(Resubmission  act  Doc.  44  passed  April  10.  Nothing 
copied  between  April  i  and  April  10) 

During  the  session  of  1850,  there  are  records  in  the 
Assembly  Journal  of  the  receipt  of  two  or  three  hun- 
dred petitions  asking  for  repeal  or  modification  of  free 
school  law.  Six  remonstrances  against  repeal  of  law 
received  from  Montgomery,  Warren  and  Livingston 
counties. 

See  Doc.  54  Petition  from  Pompey 
April  I  "  Considered  in  Committee  of  the  Whole 

"An  act  making  appropriations  for  the  support  of  com- 
mon schools  for  the  year  one  thousand  eight  hundred 
and  fifty-one  and  one  thousand  eight  hundred  and 
fifty-two. 

An  act  to  provide  for  the  support  of  common  schools. 

An  act  further  to  amend  the  act  establishing  free  schools 
throughout  the  State,  passed  March  26,  1849 

An  act  to  submit  to  the  people  at  the  next  annual 
election  the  question  of  the  repeal  of  the  act  establish- 
ing free  schools  throughout  the  State. 

References  to  the  Repeal  of  the  Free  School  Act 

From   the  Journal   of  the   Assembly  of  the   State  of   New  York;    73d   session,    1850 
The  petition  of  sundry  inhabitants  of  the  county  of  Oneida,  praying  for 
the  repeal  of  the  free  school  law,  was  read  and  referred  to  the  committee 
on  colleges,  academies  and  common  schools. 

Jan.  25,  1850,  p.  203 

The  petition  of  sundry  inhabitants  of  the  county  of  Tompkins,  praying  for 
a  repeal  of  the  common  school  law,  was  read  and  referred  to  the  committee 
on  colleges,  academies  and  common  schools. 

Feh.   8,  1850,  p.  311 

Four  several  petitions  of  sundry  inhabitants  of  the  counties  of  Oswego, 
Niagara  and  Monroe,  praying  for  the  repeal  of  the  free  school  law,  were 
read  and  referred  to  the  committee  on  colleges,  academies  and  common 
schools. 

Feh.  Ji,  1850,  p.  328 

Three  several  petitions  of  sundry  inhabitants  of  the  counties  of  Monroe 
and  Rockland  praying  for  the  repeal  of  the  free  school  law,  were  read  and 
referred  to  the  committee  on  colleges,  academies  and  common  schools. 

Feh.  9,  1850,  p.  31^ 

Five  several  petitions  of  sundry  inhabitants  of  the  counties  of  Albany,  Jef- 
ferson, Oneida,  Otsego  and  Saratoga,  praying  for  a  repeal  or  modification  of 
the  free  school  law,  were  read  and  referred  to  the  committee  on  colleges, 
academies  and  common  schools. 

Feh.  12,  1850.  p.  340 


FREE   SCHOOLS  269 

Three  sundry  petitions  of  sundry  inhabitants  of  the  counties  of  Niagara, 
Montgomery  and  Tompkins  for  a  repeal  of  the  free  school  law,  were  read 
and  referred  to  the  committee  on  colleges,  academies  and  common  schools. 

Feb.  13,  1850.  p.  352 

Six  several  petitions  of  sundry  inhabitants  of  the  counties  of  Herkimer, 
Queens,  Dutchess,  Rockland  and  Columbia  praying  for  a  repeal  or  modifica- 
tion of  the  new  school  law,  were  read  and  referred  to  the  committee  on 
colleges,  academies  and  common   schools. 

Feb.  14,  1850,  p.  360 

Petitions  Praying  for  the  Repeal  or  Modification  of  the  Free 

School  Law 

Date  (i8so)     The  petition  of  sundry  inhabitants  of  the 

county  of  Praying  for  Page 

Feb.  15    Putnam Repeal 381 

Feb.  19    Orleans  and  Niagara Repeal 395 

Feb.  21     Five  petitions Repeal 410 

Suffolk,  Greene,  Monroe  and  On- 
tario (and  the  remonstrance  of 
Warren  against  repeal)  noted 
below 

Feb.  23    Thirteen  petitions Repeal 426 

Steuben,  Orange,  Onondaga,  Tomp- 
kins, Wayne,  Rockland,  Otsego, 
Cortland  and  Oneida 

Feb.  26     Seven  petitions Repeal  or  modification.      460 

Dutchess,  Tompkins,  Saratoga, 
Rockland,  Oneida  and  Orange 

Feb.  27     Seven  petitions Repeal 482 

Livingston,  Wayne,  Cortland,  Rock- 
land, Genesee,  Columbia  and 
Tompkins  (remonstrance  from 
Livingston  co.) 

Feb.  28     Thirteen  petitions Repeal  or  modification.      494 

Otsego,  Orange,  Cortland,  Seneca, 
St  Lawrence,  Tompkins,  Monroe, 

Yates  and  Suffolk 

Mar.    6    Eight  petitions Repeal  or  modification,      594 

Orange,  Cortland,  Saratoga,  Tioga 
and  Oswego 

All  were  read  and  referred  to  the  committee  on  colleges,  academies 

and  common  schools. 

Mar.    7     Thirty  petitions Modification  or  repeal.       611 

Montgomery,  Wyoming,  Albany, 
Oswego,  Schoharie,  Cortland, 
Oneida,  Monroe,  Yates,  Oswego 
and  Tompkins 

Mar.    8     Sixteen  petitions Repeal  or  modification.       635 

Livingston,  Genesee,  Seneca,  Mon- 
roe, Tompkins,  Oswego,  Chemung, 
Wyoming,  Broome,  Orange,  Ot- 
sego and  Wayne 

Mar.    9    Eighteen  petitions Repeal 639 

Queens,  Cayuga,  Madison,  Saratoga, 
Greene,  Oswego,  Allegany,  Otsego, 
Seneca  and  Herkimer 


270  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Date  (1850)     The  petition  of  sundry  inhabitants  of  the 

county  of  Praying  for  Page 

Mar.  1 1     Fifty-six  petitions Repeal  or  modification.       653 

Seneca,  Wayne,  Genesee,  Living- 
ston, Cayuga,  Broome,  Greene, 
Jeflferson,  Monroe,  Otsego,  Rich- 
mond and  Niagara 

Mar.  13     Ten  petitions Repeal 677 

Albany,  Livingston,  Monroe,  Broome, 
Otsego,  Saratoga  and  Washing- 
ton 

Mar.  14    Twelve  petitions Repeal  or  modification.      695 

Wyoming,  Tompkins,  Cayuga, 
Wayne,  Onondaga,  Saratoga  and 
Orange 

All  the  above  were  read  and  referred  to  the  select  committee  on 
that  subject. 

The  following  petitions,  except  pages  766  and  775,  were  read 
to  the  select  committee  on  that  subject: 

Mar.  15     Six  petitions Repeal  or  modification.       726 

Orange,    Steuben,    Oneida,    Seneca, 
Cortland  and  Saratoga 
Mar.  16     By  unanimous  consent 766 

Mr  McLean  gave  notice  that  he 
would,  at  an  early  day,  introduce 
a  bill  to  submit  to  the  people  at 
the  next  annual  election,  the  ques- 
tion of  the  repeal  of  the  act  estab- 
lishing free  schools  throughout  the 
state,  excluding  cities  and  villages 
from  voting  thereon  which  had 
free  schools  under  special  charters 
previous  to  the  adoption  of  the 
recent  free  school  law 
Mar.  1 8     Ten  petitions .  .  . '. Repeal  or  modification.       768 

Schoharie,  Wayne,   Tompkins,  Suf- 
folk, Rockland  and  Cortland 
Mar.  18     In  pursuance  of  previous  notice,   Mr     775 

McLean  asked  for  and  obtained  leave 

to  introduce  a  bill  entitled,  "  An  act 

to  submit  to  the  people  at  the  next 

annual  election  the  question  of  the 

repeal  of  the  act  establishing  free 

schools  throughout  the  State,"  which 

was    read    the    first    time,    and    by 

unanimous  consent  was  also  read  the 

second  time,  and  referred  to  a  select 

committee 
Mar.  19     Ten  petitions Repeal  or  alteration. .  .       778 

Livingston,       Saratoga,        Monroe, 
Wayne,   Greene,   Otsego,   Cayuga 
and  Chautauqua 
Mar.  20     Five  petitions Repeal 806 

Delaware,  Livingston,  Otsego  and 
Ulster 

The  following  two  petitions  were  read  and  referred  to  the  select 
committee  on  that  subject: 


FREE  SCHOOLS  2^1 

Date  (1850)      The  petition  of  sundry  inhabitants  of  the 

county  of  Praying  for  Page 

Mar.  21     Twelve  petitions Repeal  or  alteration. . .       821 

Wyoming,  Washinprt;on,  Ulster,  Sen- 
eca,   Saratoga,    Qtieens,    Steuben, 
Otsego,  Orange  and  Suffolk 
Mar.  22     Fourteen  petitions Repeal  or  modification.       828 

Washington,  Greene,  Orange,  Wayne, 
Oswego,     Sullivan,     Oneida    and 
Clinton 
Mar.  22     By  unanimous  consent 829 

Mr  Robinson,  from  the  select  committee,  to  which  were  re- 
ferred sundry  petitions,  resolutions,  &c.,  in  relation  to  the 
new  school  law,  reported  and  asked  and  obtained  leave  to 
bring  a  bill  entitled  "  An  act  further  to  amend  the  act  estab- 
lishing free  schools,  passed  March  26,  1849,"  which  was 
read  the  first  time,  and  by  unanimous  consent  was  also  read 
a  second  time,  and  committed  to  the  committee  of  the 
whole. 

Mr  Robinson  moved  that  said  bill  be  made  the  special  order 
for  consideration  on  Wednesday  next,  March  27th,  at  1 1 
o'clock,  a.  m. 

Mr  Speaker  put  the  question  whether  the  House  would  agree 
to  the  said  motion  of  Mr  Robinson,  and  it  was  determined 
in  the  affirmative,  two-thirds  voting  in  favor  thereof. 
Mar.  26     Twenty-four  petitions Repeal  or  modification.       910 

Saratoga,  Dutchess,  Chemung,  Liv- 
ingston, Columbia,  Washington, 
Sullivan,  Oswego,  Delaware,  Jef- 
ferson, Niagara,  Steuben,  Orange, 
Broome,  St  Lawrence  and  Wayne 

The  above  (March  26,  1850)  was  read  and  referred  to  the  select 
committee  on  that  subject: 

Mar.  26     Ordered,  That  the  said  bill  be  engrossed  for  a  third  reading.  ...       9 ,9 

Mr  Kingsley,  from  the  minority  of  the  select  committee,  to 
which  was  referred  sundry  petitions  and  remonstrances  in 
relation  to  free  school  law,  reported  and  asked  and  obtained 
leave  to  bring  in  a  bill  entitled,  "  An  act  to  repeal  chapter 
140  and  chapter  404  of  the  laws  of  1849,"  which  was  read 
the  first  time,  and  by  unanimous  consent  was  also  read  the 
second  time,  and  committed  to  the  committee  of  the  whole. 

Mr  Kingsley,  from  the  select  committee,  to  which  was  referred 
the  bill  entitled,  "  An  act  to  submit  to  the  people  at  the 
next  annual  election  the  question  of  repeal  of  the  act  estab- 
lishing free  schools  throughout  the  State,"  reported  that  the 
committee  had  examined  said  bill,  and  made  sundry  amend- 
ments thereto,  and  saw  no  reason  why  the  same,  as  amended, 
should  not  be  passed  into  a  law. 

Ordered,  That  said  bill  be  committeed  to  the  committee  of  the 
whole. 
Mar.  27     Four  petitions Repeal 960 

Dutchess,    Wyoming   and    Madison 
(Four  remonstrances  from  Mont- 
gomery and  Warren  against  the 
same) 
Mar.  30     Twelve  petitions Repeal  or  modification.     1034 

Madison,  Broome,  Albany,  Wash- 
ington, Orange,  Cattaraugus, 
Ulster,  Cayuga  and  Tompkins 

The  two  petitions  above  were  read  and  referred  to  the  select 
committee  on  that  subject. 


272  THE    UNIVERSITY    OF   THE   STATE    OF    NEW   YORK 

The  House  then  resolved  itself  into  a  committee  of  the  whole  on  the 
bills  entitled  as  follows: 

"An  act  making  appropriations  for  the  support  of  common  schooU  for 
the  year  one  thousand  eight  hundred  and  fifty-one  and  one  thousand  eight 
hundred  and  fifty-two." 

"An  act  to  provide  for  the  support  of  common  schools." 

"An  act  further  to  amend  the  act  establishing  free  schools  throughout  the 
State,  passed  March  26,  1849." 

"An  act  to  submit  to  the  people  at  the  next  annual  election  the  question 
of  the  repeal  of  the  act  establishing  free  schools  throughout  the  State." 

And  after  some  time  spent  thereon,  the  hour  of  two  o'clock  having 
arrived,   Mr   Speaker  resumed   the  chair,   and   the  House  took  a  recess. 

Apr.  I,  1850,  p.  io69 

Remonstrances  against  the  Repeal  of  the  Free  School  Law 
".    .    .    and   the   remonstrance   of   sundry   inhabitants   of   the   county   of 

Warren  against  the  repeal  of  said  law  "  p.  410 

".     .    .    and   the   remonstrance   of   sundry  inhabitants   of   the  county  of 

Livingston  against  the  same  (the  repeal  of  the  new  school  law)  "  p.  482 
".     .    .     and    four    several    remonstrances    of    sundry    inhabitants    of    the 

counties  of  Montgomery  and  Warren  against  the  same   (the  repeal  of  the 

free  school  law)"  was  read  and  referred  to  the  committee  of  the  whole  p.  960 

All  the  above  were  read  and  referred  to  the  committee  on  colleges, 
icademies  and  common  schools. 

References  to  the  Amendment  of  the  Free  School  Act 
Jan.       8    Mr.  Geddes  presented  the  petition  of  A.  J.  Coffin  for  an        39 
amendment  of  the  new  school  law  that  will  revive  the  free 
school  law  of     the  village  of  Poughkeepsie,  which  was 
referred  to  the  committee  on  literature. 
Jan.      12    Mr  Beekman,   from  the  committee  on  literature,  to  which        62 
was  referred  a  petition  for  that  purpose,  reported  a  bill 
entitled,  "An  act  to  amend  an  act  establishing  free  schools 
throughout  the  State,  passed  March  26,  1849,"  which  was 
read  the  first  time,  and  by  unanimous  consent  was  also 
read  a  second  time,  and  committed  to  a  committee  of  the 
whole. 
Jan.      15    The  Senate  then  resolved  itself  into  a  committee  of  the        70 
whole  on  the  bill  entitled,  "An  act  to  amend  an  act  estab- 
lishing free  schools  throughout  the  State,  passed  March 
26,  1849,"  and  after  some  time  spent  thereon,  Mr  Curtis, 
from  said  committee,    reported  progress,   and  asked   for 
and  obtained  leave  to  sit   again. 
On  motion  of   Mr  Crolius, 
The    Senate    then    adjourned    until    1 1    o'clock    tomorrow 

morning. 
(Was  debated  in  com.  of  whole  on  Jan.  14) 


FREE   SCHOOLS  273 

Jan.      24    Mr   Robinson  presented   the   resolutions   of  the   board  of      no 
supervisors  of  Allegany  co.,  for  a  law  to  legalize  their 
proceedings   and   to  amend   the   free   school   law,   which 
were  referred  to  the  committee  on'  literature. 

Jan.  30  Mr  Miller,  from  the  committee  on  literature,  to  which  was  140 
referred  the  bill  entitled,  "An  act  to  amend  'An  act 
authorizing  free  schools  throughout  the  State,'  passed 
March  26,  1849,"  reported  in  favor  of  the  passage  of  the 
same  with  amendments,  which  was  committed  to  the  com- 
mittee  of   the  whole. 

Jan.      30    Mr  Cook  moved  that  the  bill  entitled,  "An  act  to  amend  'An       141 
act  establishing  free  schools  throughout  the  State,'  passed 
March  26,  1849,"  be  engrossed  for  a  third  reading. 

Jan.      30     Mr  Carroll,  from  the  committee  on  engrossed  bills,  reported       142 
as  correctly  engrossed  the  bill  entitled,  "An  act  to  amend 
an   act    establishing   free    schools    throughout    the    State, 
passed   March   26,    1849." 
Ordered,  That  the  said  bill  do  have  its  third  reading. 
The  bill  entitled,  "An  act  to  amend  an  act  establishing  free 
schools  throughout  the  State,  passed  March  26,  1849,"  was 
read   the  third   time  and  passed,   a  majority  of  all  the 
members  elected  to  the  Senate  voting  in  favor  thereof, 
and  three-fifths   of   said   members   being  present  on   the 
final  passage  thereof,  as  follows : 

For  the  affirmative: 

Mr  Beekman  Mr  Curtis  Mr  Skinner 

Mr  Brandreth  Mr  Dart  Mr  Stanton 

Mr  Brown    '  Mr  Dimmick  Mr  Stone 

Mr  Carroll  Mr  Fox  Mr  Tuttle 

Mr  Colt  Mr  Johnson  Mr  Upham 

Mr  Cook  Mr  Mann  Mr  Williams 

Mr  Crolius  Mr  Miller  Mr  Owen 

Mr  Cross  Mr  Morgan  Mr  Robinson 
(See  Doc.  64  copy  of  bill.) 

Jan.      31     A  message  was  received  from  the  Assembly,  informing  that      146 
they  had  passed,  without  amendment,  the  bill  entitled,  "An 
act  to  amend  an  act  establishing  free  schools  throughout 
the  State,  passed  March  26,  1849." 
Ordered,  That  the  Clerk  deliver  said  bill  to  the  Governor. 

Feb.  I  Mr  Beekman,  from  the  committee  on  literature,  to  which  149 
was  referred  the  petition  for  that  purpose,  reported  in 
writing,  and  introduced  a  bill  entitled,  "An  act  further  to 
amend  'An  act  establishing  free  schools  throughout  the 
Stale,'  passed  March  26,  1849,"  which  was  read  the  first 
time,  and  by  unanimous  consent  was  also  read  the  second 
time,  and  committed  to  the  committee  of  the  whole. 

18 


274 


THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 


Feb.     25    The  President  presented  the  petition  of  inhabitants  of  Chau-      248 
tauqua  county  for  an  amendment  of  the  free  school  law. 
which  was  referred  to  the  committee  of  the  whole  having 
in  charge  the  'bill  on  that  subject. 
March    i     The  Senate  then  resolved  itself  into  a  committee  of  the      279 
whole  on  the  special  order  for  the  day,  being  the  bills 
entitled  as  follows: 

"An  act  further  to  amend  the  act  establishing  free  schools 
throughout  the  State,  passed  March  26,  1849." 

And  after  some  time  spent  on  said  first  mentioned  bill,  Mr 
Johnson,  from  said  committee,  reported  progress,  and 
asked  and  obtained  leave  to  sit  again. 

Mr  Carroll  moved  that  the  committee  of  the  whol^  be  dis- 
charged from  the  further  consideration  of  the  said  bill, 
and  that  the  same  be  recommitted  to  the  committee  on 
literature. 

The  President  put  the  question  whether  the  Senate  would 
agree  to  said  motion,  and  it  was  decided  in  the  affirmative. 
March  2  The  Senate  then  resolved  itself  into  a  committee  of  the  291 
whole  on  the  bill  entitled,  "An  act  establishing  free  schools 
throughout  the  State,  passed  March  26,  1849,"  and  after 
some  time  spent  thereon,  Mr.  Johnson,  from  said  com- 
mittee, reported  progress  and  asked  for  and  obtained  leave 
to  sit  again. 
March    9    On  motion  of  Mr  Beekman,  338 

Resolved,  That  Senate  bill  No.  156,  being  "An  act  further 
to  amend  'An  act  establishing  free  schools  throughout  the 
State,'  passed  March  26,  1849,"  be  made  the  special  order 
for  Tuesday  next,  March  12,  immediately  after  executive 
session. 
March  13  The  Senate  then  resolved  itself  into  a  committee  of  the  353 
whole  on   the    following  bills : 

"An  act  further  to  amend  'An  act  establishing  free  schools 
throughout  the  State,'  passed  March  26,  1849." 

"An  act  to  submit  to  the  people  at  the  next  annual  election 
the  question  of  the  repeal  of  the  act  establishing  free 
schools  throughout  the  State." 

And  after  some  time  spent  thereon,  Mr  Brown,  from  said 
committee,  reported  progress  on  the  three  first  mentioned 
bills.,  and  asked  for  and  obtained  leave  to  sit  again. 

Mr  Brown,  from  the  same  committee,  reported  said  last 
mentioned  bill   to  the  Senate  without  amendment. 

The  President  put  the  question  whether  the  Senate  would 
agree  to  said  report,  and  it  was  decided  in  the  affirmative. 

Ordered,  That  said  bill  be  engrossed  for  a  third  reading. 
April     I     The   Senate  then   resolved  itself   into  a  committee  of  the      549 
whole  on  the  following  bills: 

"An  act  further  to  amend  an  act  establishing  free  schools 
throughout  the  State." 


FREE   SCHOOLS 


275 


"An  act  to  submit  to  the  people  at  the  next  annual  election 
the  question  of  the  repeal  of  the  act  establishing  free 
schools   throughout  the  State." 

And  after  some  time  spent  thereon,  Mr  Johnson,  from  said 
committee,  reported  progress  on  said  first  and  third  men- 
tioned bills,  and  asked  and  obtained  leave  to  sit  again. 

Mr  Johnson,  from  the  same  committee,  reported  in  favor 
of  the  passage  of  said  second  mentioned  bill  with  amend- 
ments. 

Mr  Stanton  moved  that  report  of  the  committee  on  said 
second  mentioned  bill  be  laid  on  the  table. 

The  President  put  the  question  whether  the  Senate  would 
agree  \o  said  motion,  and  it  was  decided  in  the  negative. 

Mr  Dart  moved  to  amend  said  report  by  striking  out  from 
the  second  section  of  said  bill  the  words  "  execept  the  city 
of  New  York." 

The  President  put  the  question  whether  the  Senate  would 
agree  to  the  said  amendment,  and  it  was  decided  in  the 
affirmative,  as  follows : 


Mr  Colt 
Mr  Cook 
Mr  Crook 
Mr  Cross 
Mr  Dart 


Mr  Beekman 


For  the  affirmative  . 

Mr  Dimmick 
Mr  Fox 
Mr  Johnson 
Mr  Mann 
Mr  Miller 

Mr  Tuttle  — 16 

For  the  negative 
Mr  Brown 

Mr  Williams  —  4 


Mr  Owen 
Mr  Robinson 
Mr  .Skinner 
Mr  Stanton 
Mr  Stone 


Mr  Curtis 


The  President  then  put  the  question  whether  the  Senate 
would  agree  to  the  report  of  the  committee  of  the  whole, 
and  it  was  decided  in  the  affirmative. 

Mr  Cook  moved  that  said  bill  be  referred  to  a  select  com- 
mittee to  report  complete. 

Ordered,  That  said  motion  be  referred  to  the  select  com- 
mittee of  eight. 


549 


References   to  the  Amendment  of  the  Free   School  Law 

From  the  Journal  of  the  Assembly  of  the  State  of  New  York;  73d  session,  1850 
In  pursuance  of  previous  notice,  Mr  Lesley  asked  for  and  obtained  leave 
to  introduce  a  bill  entitled,  "An  act  to  amend  an  act  establishing  free  schools 
throughout  the  state,  passed  March  26,  1849,"  which  was  read  the  first  time, 
and  by  unanimous  consent  was  read  a  second  time,  and  referred  to  the 
committee  on  colleges,  academies  and  common   schools. 

Jan.  12,  1850,  p.  109 

In  pursuance  of  previous  notice,  Mr  Ward  asked  for  and  obtained  leave 
to  introduce  a  bill  entitled,  "An  act  to  amend  an  act  entitled,  'An  act  estab- 
lishing free  schools  throughout  the  state  so  as  to  equalize  the  tax,  and  to 


276  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

require  eight  months  schools,"  which  was  read  the  first  time,  and  by  unani- 
mous consent  was  also  read  a  second  time,  and  referred  to  the  committee  on 
colleges,  academies  and  common  schools. 

Jan  15,  1830,  p.  124 

The  petition  of  the  board  of  education  of  the  city  of  Troy,  praying  for  an 
amendment  of  the  free  school  law,  was  read  and  referred  to  the  committee 
on  colleges,  academies  and  common  scnools. 

Jan.  22,  1850,  p.  181 

The  petition  of  sundry  inhabitants  of  the  county  of  Rockland  praying  foi 
a  modification  of  the  free  school  law,  was  read  and  referred  to  the  committee 
on  colleges,  academies  and  common  schools. 

Jan.  26,  1850,  p.  213 

Two  several  petitions  of  sundrj-  inhabitants  of  the  counties  of  Westchester 
and  Albany,  praying  for  an  amendment  of  the  free  school  law,  were  read 
and  referred  to  the  committee  on  colleges,  academies  and  common  schools. 

Jan.  29,  1830,  p.  224 

A  message  from  the  Senate  was  received  and  read,  requesting  the  con^ 
currence  of  the  Assembly  to  the  bill  entitled,  "An  act  to  amend  an  act  estab- 
lishing free  schools  throughout  the  State,  passed  March  26,  1849." 

By  unanimous  consent. 

Ordered,  That  said  bill  be  read  a  third  time. 

Mr  Speaker  put  the  question  whether  the  house  would  agree  to  the  final 
passage  of  said  bill,  and  it  was  determined  in  the  affirmative,  a  majority  of 
all  the  members  elected  to  the  Senate  voting  in  favor  thereof,  as  follows: 

Ayes  92 

Noes  00 

Ordered,  That  the  Clerk  return  the  said  bill  to  the  Senate,  and  inform 
them  that  the  Assembly  have  passed  the  same  without  amendment. 

Jan.  30,  1830,  p.  245 

The  following  petitions  praying  for  the  amendment  or  modification  of  the 
free  school  law  were  read  and  referred  to  the  committee  on  colleges, 
academies  and  common  schools : 

Jan.  31,  1850  Two  petitions,  Cortland  and  Rockland  counties 247 

Feb.  I,  1850  Petition,  Saratoga  255 

Feb.  2,  1850  Two  petitions,  Chautauqua  262 

Feb.  4,  1850  Two  petitions,  Oneida  and  Rockland  counties 275 

Feb.  25,  1850  Four  petitions,  Tompkins,  Wayne,  Allegany  and  Jeflferson 

counties    •. 442 

References  to  the  Establishment  of  Free  Schools 

Taken  from  the 
Journal  of  the  Assembly  of  the  State  of  New  York,  73d  Session 

Mr.  Fullerton  offered  for  the  consideration  of  the  House,  the  following 
preamble  and  resolutions,  to  wit : 

Whereas,  The  law  passed  by  the  last  Legislature,  known  as  the  "free  school 
law"  has  proved  imperfect  in  its  details,  unequal  in  its  operation,  and  entirely 


.      FREE   SCHOOLS  2^^ 

inadequate  in  its  effect  its  intended  purpose  and  is  now  the  subject  of  general 
dissatisfaction  and  complaint;  and  whereas,  our  whole  common  schools  sys- 
tem, has  by  excessive  legislation,  by  repeated  alteration  and  amendment 
become  unnecessarily  voluminous  and  complicated,  difficult  to  comprehend 
and  execute;  and  whereas,  in  the  opinion  of  this  Legislature  a  law  estab- 
lishing free  schools  upon  just  and  equitable  principles,  and  a  thorough 
revision  and  abridgement  of  our  common  school  laws  would  be  in  accord- 
ance with  the  will  of  our  constituents,  the  spirit  of  the  age,  and  the  interests 
and  policy  of  the  State.    Therefore, 

Resolved,  That  in  view  of  the  importance  of  the  subject  and  the  time 
required  to  perfect  the  same,  it  is  the  opinion  of  this  body  that  a  commission 
should  be  established  to  consist  of  three  members  to  be  appointed  by  the 
governor  whose  duty  it  shall  be  to  devise  and  prepare  a  bill  providing  for 
establishing  and  supporting  free  schools,  throughout  the  State  upon  just  and 
equitable  principles,  and  thoroughly  to  revise,  abridge  and  simplify  the  com- 
mon school  system  and  law  of  the  State  and  report  the  same  to  the  next 
Legislature. 

Resolved,  That  the  committee  on  colleges,  academies  and  common  schools, 
are  hereby  instructed  to  prepare  and  report  to  this  House,  a  bill  providing 
for  and  establishing  such  commission. 

Ordered,  That  the  said  resolutions  be  laid  on  the  table. 

Feb.  14,  1850,  p.  363 

The  House  then  resolved  itself  into  a  committee  of  the  whole  on  the  bill 
entitled  as  follows : 

"An  act  further  to  amend  the  act  establishing  free  schools  throughout 
the  State,  passed  March  26,  1849. 

Mar.  27,  1850,  p.  967 

Report  of  the  committee  on  literature  in  relation  to  petitions  foil 
the  amendments  to  the  act  establishing  free  schools  throughout  the 
State 

In  Senate,  February  I,  1850 

The  committee  on  literature,  to  which  was  referred  various  petitions, 
praying  for  amendments  to  the  act  establishing  free  schools  throughout  the 
State,  passed  March  26,  1849,  report 

That  it  is  evident  from  the  memorials  submitted  to  them  that  the  present 
laws  require,  in  some  particulars,  a  careful  revision  to  make  them  accomplish 
liilly  the  ends  of  their  enactment. 

The  complaint  of  a  meeting  of  citizens  of  Orange  county  "  that  the  school 
laws  of  this  State,  by  repeated  alterations  and  amendments  have  become 
voluminous  and  complicated  almost  beyond  comprehension,  so  much  so  as  to 
require  radically  revising,  simplifying  and  abridging,"  is  by  no  means  unjust; 
and  the  first  step  towards  the  permanent  establishment  of  the  free  school 
system,  this  committee  recommend  a  revision  and  simplification  of  the  school 
laws  by  the  Secretary  of  State. 

It  has  become  apparent,  however,  that  much  of  the  opposition  to  the  new 
school  law  has  arisen  from  a  reluctance  on  the  part  of  the  taxpayers  to  the 
vote  necessar>'  money  for  the  due  maintenance  of  the  free  schools.  Some 
districts  have  even  voted  to  diminish  the  number  of  months  during  which 


378  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

their  schools  shall  be  kept  open  from  eight  months  to  four,  content  to  give 
their  children  half  the  teaching  which  the  law  intended,  rather  than  submit 
to  the  smallest  tax. 

Rate  bills  are  still  regarded  with  favor,  because  they  fall,  not  upon  the 
property  of  a  district,  but  upon  the  parents  who  have  children  to  send  to 
school.  Many  parents,  however,  under  the  old  system,  kept  their  children 
at  home,  because  they  could  not  afford  to  pay,  and  because  they  were  noi 
willing  to  confess  the  pauperism  which  alone  entitled  them  to  free  schooling. 
It  should  be  the  aim  of  the  State  to  make  admission  to  its  schools  the 
absolute  right  of  the  child  of  every  citizen,  a  right  which  it  shall  be  no 
meanness  in  the  rich  man  to  enjoy,  nor  degradation  to  the  poor  man  to  claim. 

By  the  ninth  article  of  the  constitution  provision  is  made  for  the  annual 
addition  of  $25,000  to  the  capital  of  the  Common  School  Fund.  The  revenues 
of  the  canals  will  soon  allow  a  portion  to  be  devoted  to  the  support  of 
the  schools,  beyond  what  is  required  for  interest,  repairs  and  accumulation. 
The  rate  bills  for  1849  amounted  to  $489,696.63 ;  and  we  have  therefore  to 
provide  for  raising  a  similar  amount,  which  lessens  every  year  until  our 
school  fund  becomes  large  enough  to  support  the  schools  out  of  its  incomes, 
without  resort  to  taxation.  The  Governor  of  this  State  again  recommends 
the  restoration  of  the  office  of  county  superintendent,  which  he  had  advised  in 
his  message  of  last  year. 

In  his  annual  report  of  1849,  the  State  Superintendent  presented  strong 
testimony  to  show  that  the  office  of  county  superintendent  had  been  unwisely 
dispensed  with.  His  predecessors,  without  exception,  disapproved  of  the 
abolishment  of  the  office,  and  were  right  in  insisting  that  such  an  officer  is 
needed,  as  the  medium  of  communication  between  the  department  and  the 
900  towns  and  11,000  school  districts  under  its  care.  "The  territory  is  too 
large,"  says  the  State  Superintendent,  "  its  subdivisions  too  many,  its  relations 
too  diverse,  the  local  officers  too  numerous,  and  the  interval  between  the 
department  and  them  too  wide  to  permit  that  actual  and  minute  supervision 
which  is  necessary  to  an  efficient  administration  of  the  school  laws." 

The  chief  objection  in  the  minds  of  those  unacquainted  with  the  subject 
to  the  plan  proposed  by  the  State  Superintendent,  was  probably  the  expense. 
By  the  present  system,  the  nine  hundred  town  superintendents,  at  a  compen- 
sation averaging  $75  a  year  each,  cost  the  State  $67,500;  or  to  be  accurate, 
as  the  number  of  towns  in  1849  was  873,  the  cost  was  $65,475.  Deducting 
from  the  128  Assembly  districts  those  embraced  within  cities  having  Boards 
of  Education  or  city  superintendents,  not  more  than  100  will  remain  as  the 
number  to  furnish  superintendents  in  the  way  proposed  by  the  Secretary  of 
State,  and  set  forth  in  the  act  herewith  submitted  to  the  Senate.  At  $500 
each,  the  cost  would  he  but  $50,000,  a  positive  saving  of  more  than  $15,000, 
while  the  system  would  give  to  the  schools  the  constant  supervision  of  com- 
petent men,  paid  for  their  whole  time,  and  proud  of  an  honorable  office. 
The  benefits  of  such  a  change  cannot  be  easily  overrated.  The  vast  array 
of  school  districts  spread  all  over  the  State  would  be  quickened  into  rivalry 
and  good  discipine.  Reports  would  be  more  readily  and  correctly  returned 
to  the  Department  of  State,  and  new  energy  everywhere  infused.  The 
present  organization  is  like  that  of  an  army  without  officers  between  the 
corporal  and  the  staff,  its  regiments  without  colonels,  its  companies  with- 
out captains.    This  would  be  deemed  but  a  sorry  simplification  of  the  art  of 


FREE   SCHOOLS  279 

War;  yet  almost  such  is  the  condition  of  our  school  system.  This  Com- 
mittee, therefore,  recommended  that  the  suggestions  of  the  State  Superintend- 
ent, confirmed  by  another  year's  experience,  be  favorably  considered  and 
acted  upon. 

The  objection  to  restoring  the  office  of  county  superintendent  is  simply  that 
a  county  is  often  too  large  to  permit  the  proper  care  of  all  its  schools  by 
one  person.  Assembly  districts  furnish  more  convenient  divisions  of 
territory. 

The  free  school  law  has  received  a  very  large  majority  of  the  votes  cast 
in  this  State  in  its  favor.  Fifty-five  counties  voted  for  the  law,  and  only 
four  against  it.  Such  an  expression  of  the  public  will  is  not  to  be  dis- 
regarded. 

Thoroughly  persuaded  that  free  education  is  of  the  last  importance  to 
the  welfare  of  the  State,  the  committee  on  literature  do  not  hesitate  to 
recommend  that  full  provision  by  the  towns  or  districts  according  to  law,  for 
the  maintenance  of  free  schools,  during  at  least  eight  months  of  the  year, 
shall  be  the  condition  on  which,  and  on  which  only  they  shall  receive  any 
portion  of  the  public  school  fund. 

The  benefits  of  free  education  are  not  now  for  the  first  time  to  be 
doubted.  Nothing  valuable  comes  without  toil  and  cost.  Our  hopes  of 
political  freedom,  of  personal  security,  of  unforced  conscience,  all  hold  by 
the  anchor  of  faith  in  the  intelligence  of  the  people.  France  has  the 
opportunity  of  freedom,  but  not  the  people  of  which  freemen  are  made; 
nor  the  schools  which  rear  good  citizens. 

The  day  is  coming,  we  already  see  its  dawning  in  our  own  State,  when 
education  shall  be  by  all  held  as  necessary  as  food;  and  whenever  the  reign 
of  peace  on  earth  shall  begin,  with  the  sword  will  also  be  laid  aside  the 
shackles  of  the  convict,  and  our  prisons  shall  be  turned  into  colleges 
and  free  schools.  At  present  we  have  but  the  alternative  of  prisons  or 
schools ;  between  a  people  educated,  self-respecting,  self-restraining,  or  an 
unreasoning  populace,  ignorant  of  the  history  of  the  past  or  of  the  learning 
of  the  present,  ever  ready  to  become  the  tools  of  a  demagogue  and  to  act 
over  again  the  massacre  of  St  Bartholomew  or  the  Reign  of  Terror. 

Already  the  farmer  is  exposed  to  the  midnight  murderer,  who  (as  has 
just  occurred  in  New  Jersey)  climbs  by  an  upper  window  into  his  house,  and 
slaughters  wife  and  husband  in  their  bed-chamber.  That  murderer  was  an 
untaught  stranger,  who  came,  unblessed  by  a  free  school,  to  our  shores,  and 
revenged  himself  upon  a  prosperity  he  envied,  by  robbery  and  outrage. 
Almost  three  hundred  thousand  strangers,  like  him  untaught  in  such  schools 
as  ours,  land  every  year  at  the  single  port  of  New  York.  Shall  we  not  pro- 
tect ourselves  against  their  children,  if  we  cannot  against  them?  Between 
the  standing  army  of  school  masters,  and  the  armed  police;  between  the 
spelling  book  and  the  bayonet,  there  is  no  difficulty  now  in  choosing.  Let 
us  seize  the  opportunity;  let  us  insist  upon  upholding  our  schools,  and  New 
York  will  sustain  as  proud  a  reputation  for  the  best  free  education,  as  she 
now  does  for  the  best  system  of  prison  discipline. 

The  committee  submit  the  Senate  the  following  act,_  prepared  under  the 
direction  of  the  Secretary  of  State  as  the  Superintendent  of  Common  Schools. 

All  which  is  respectfully  submitted. 

James  W.  Beekman 
I  Samuel  Miller  ; 


28d  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

AN  ACT 

Furth€r  to  amend  the  act  establishing  free  schools  throughout  the  State, 
passed  March  26,  1849. 

The  people  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows : 

§  I  The  second  section  of  the  act  entitled  "An  act  establishing  free  schools 
throughout  the  State,"  is  hereby  amended  so  as  to  read  as  follows : 

§  2  It  shall  be  the  duty  of  the  several  boards  of  supervisors,  Lt  their 
annual  meetings,  or  at  any  special  meeting  duly  convened  (in  pursuance  of 
law,)  to  cause  to  be  levied  and  collected  from  their  respective  counties,  in 
the  same  manner  as  county  taxes,  a  sum  equal  to  twice  the  amount  of  State 
school  moneys  apportioned  to  such  counties,  and  to  apportion  the  same 
among  the  towns  and  cities  in  the  same  manner  as  the  moneys  received  from 
the  State  are  apportioned.  They  shall  also  cause  to  be  levied  and  collected 
from  each  of  the  towns  in  their  respective  counties  in  the  same  manner  as 
other  town  taxes,  a  sum  equal  to  the  amount  of  State  school  moneys  appor- 
tioned to  said  towns  respectively,  (and  such  further  sum  as  the  electors  of 
each  town  shall  have  directed  to  be  raised,  at  their  annual  town  meeting, 
in  pursuance  of  the  law). 

§  2  The  sixth  section  of  the  act  aforesaid  is  hereby  amended  so  as  to  read 
as   follows : 

§  6  When  the  said  voters  of  any  district  at  their  annual  meeting,  (or  at 
a  special  meeting  called  for  that  purpose  in  pursuance  of  the  law,)  shall 
refuse  or  neglect  to  raise  by  tax  a  sum  of  money,  which  added  (to  the 
sum  apportioned  to  said  district  by  the  State),  and  the  money  raised  by  the 
board  of  supervisors,  under  the  second  section  of  this  act,  will  support  a 
school  in  said  district  for  at  least  eight  months  in  a  year,  keep  the  school 
house  in  proper  repair,  and  furnish  the  necessary  fuel,  then  it  shall  be  the 
duty  of  said  trustees  to  repair  the  school  house,  purchase  the  necessary  fuel, 
employ  a  teacher,  or  teachers,  for  eight  months,  and  the  whole  expense 
shall  be  levied  and  collected  in  the  manner  provided  in  the  third  section  of 
this  act;  and  no  district  so  refusing  and  neglecting  to  make  provision  as 
required  by  this  act,  for  the  proper  support  of  a  school  for  at  least  eight 
months  in  a  year,  shall  receive  any  share  of  the  public  money. 

§  3  The  Comptroller  is  hereby  authorized  to  loan  from  the  Common  School 
Fund  to  the  supervisors  of  any  county  in  which  the  amount  required  by  the 
second  section  of  the  act  hereby  amended  shall  not  have  been  raised,  a  sum 
equal  to  such  amount,  on  the  production  of  a  certified  copy  of  the  resolution 
of  such  board  to  apply  for  such  loan ;  and  it  shall  be  the  duty  of  such  board, 
at  its  annual  session  thereafter,  to  levy  and  collect  upon  the  taxable  property 
of  the  county,  in  the  same  manner  as  other  county  taxes  are  levied  and 
collected,  an  amount  sufficient  to  repay  said  loan,  with  interest,  and  when 
collected  it  shall  be  the  duty  of  the  county  treasurer  to  pay  over  the  same 
to  the  Comptroller  but  such  towns  and  districts  in  said  county  as  shall  have 
duly  raised  their  share  of  the  amount  required  by  law,  shall  not  be  subject 
to  the  levy  and  collection  of  the  county  tax  as  hereinbefore  provided. 

§  4  The  omission  of  the  board  of  supervisors  of  any  county  to  raise  the 
additional  amount  required  by  the  second  section  of  the  act  hereby  amended, 
at  their  last  annual  meeting,  or  to  direct  the  loan  herein  before  provided 


FREE   SCHOOLS  28l 

for,  to  be  made,  shall  not  be  construed  in  any  manner  to  affect  or  invalidate 
the  duties  and  powers  conferred  and  imposed  upon  the  trustees  and  inhabi- 
tants of  the  several  school  districts  by  the  third  and  succeeding  sections  of 
said  act:  And  all  proceedings  heretofore  had  in  the  several  distrcts,  under 
and  in  pursuance  of  the  sections  aforesaid  are  hereby  confirmed. 

§  5  The  office  of  town  superintendent  is  hereby  abolished  on  and  after 
the  first  Monday  of  November  next. 

§  6  There  shall  in  each  Assembly  district,  except  in  those  cities  or  villages 
which  now  have  or  shall  hereafter  have,  a  city  superintendent  or  board  of 
education,  a  superintendent  called  the  Assembly  Superintendent;  he  shall 
be  elected  by  the  people,  and  shall  hold  his  office  for  three  years.  He  shall 
receive  an  annual  salary  of  $500,  one-half  of  which  shall  be  a  county  charge, 
and  the  other  half  shall  be  paid  from  the  unappropriated  revenue  of  the 
Common  School  Fund.  He  shall  perform  all  the  duties  now  required  by 
law  from  town  superintendents  except  the  Receipt  and  disbursement  of 
monies. 

§  7  It  shall  be  the  duty  of  the  supervisor  of  each  town  to  receive  and  dis- 
burse the  school  monies  belonging  to  his  town. 

§  8  Assembly  superintendents  shall  have  appellate  jurisdiction  over  all 
school  district  controversies,  subject  to  review  by  the  State  Superintendent. 

§  9  The  tax  list  and  warrant  for  the  collection  of  the  respective  amounts 
required  to  be  raised  under  this  act  by  the  inhabitants  or  trustees  of  the 
several  districts,  shall  be  made  out  and  delivered  to  the  collector  within 
thirty  days  after  the  expiration  of  the  respective  terms  of  schools  provided 
for,  and  shall  embrace  only  such  portions  of  the  amount  so  raised  as  are 
required  to  meet  the  actual  expenses  of  such  terms.  When  collected  it  shall 
be  the  duty  of  the  collector  to  pay  over  such  portion  of  the  moneys  raised  as 
may  be  applicable  to  the  payment  of  teachers'  wages  to  the  town  superintend- 
ent of  the  town  in  which  the  school  house  of  the  district  is  situated,  subject 
to  the  order  of  a  majority  of  the  trustees  in  favor  of  such  duly  qualified 
teacher  as  may  have  been  employed  by  them;  and  the  residue  of  the  amount 
so  raised  shall  be  paid  over  to  the  trustees,  to  be  by  them  expended  in 
pursuance  of  the  vote  of  the  district,  or  for  the  purposes  specified  in  this  act. 

§  10  Section  16  of  chap.  382  of  the  Laws  of  1849,  is  hereby  so  amended 
as  to  read  as  follows : 

§  16  Sections  fifteen,  eighty-three,  one  hundred  and  six,  one  hundred  and 
seven  and  one  hundred  and  eight,  of  chapter  four  hundred  and  eighty,  Laws 
of  eighteen  hundred  and  forty-seven,  and  section  three,  chapter  two  hundred 
and  fifty-eight.  Laws  of  eighteen  hundred  and  forty-seven,  are  hereby 
repealed. 

§  II  It  shall  be  the  duty  of  the  Superintendent  of  Common  Schools  to 
cause  to  be  prepared,  published  and  forwarded  to  the  officers  of  the  several 
school  districts  of  the  State,  and  to  each  town  clerk,  and  to  each  county 
clerk,  a  copy  of  the  Revised  Statutes  relating  to  common  schools,  as  amended 
by  the  several  acts  subsequently  passed,  with  such  digest,  forms,  instructions 
and  expositions  as  he  may  deem  expedient,  for  the  use  of  the  inhabitants 
and  officers  of  the  several  districts,  counties  and  towns  aforesaid. 

§  12  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed. 

§  13  This  act  shall  take  effect  immediately. 


282  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

Report  of  the  Attorney  General  in  Answer  to  a  Resolution  of  the 

Assembly 
In  Assembly,  March  2,  1850 

Attorney  General's  Office 

Albany,  March  2,  1850 
To  the  Assembly: 

I  have  the  honor  to  acknowledge  the  receipt  of  the  resolution  of  the  Assem- 
bly of  the  23d  of  February  last,  requesting  me  to  communicate  my  opinion 
in  relation  to  the  constitutionality  of  the  law  passed  March  26,  1849,  entitled 
"An  act  establishing  free  schools  throughout  the  State,"  and  in  answer 
thereto  I  respectfully  submit  the  following  as  the  result  of  my  examination 
of  the  question. 

I  am  not  aware  that  there  is  any  provision  of  the  constitution  which  is  in 
conflict  with  this  law,  nor  do  I  know  on  what  ground  those  who  affirm  that 
the  law  is  unconstitutional,  rest  their  argument. 

If  it  be  said  that  the  Legislature  cannot  enact  a  law  depending  on  a  condi- 
tion to  give  it  force  as  a  law,  I  answer  that  the  legislative  power  is  not  thus 
restricted  by  any  clause  of  the  constitution.  Not  a  session  of  the  Legislature 
passes  without  the  enactment  of  some  law  depending  on  some  condition  for 
its  vitality.  Almost  every  law  conferring  corporate  powers  and  privileges 
is  obnoxious  to  this  objection,  as  are  also  most  of  the  statutes  for  individual 
benefit  or  relief.  To  A  is  granted  a  particular  thing,  on  condition  that  he 
pays  a  particular  sum  of  money;  he  pays,  and  the  act  becomes  operative. 
To  B  is  granted  the  privilege  of  doing  a  particular  act,  on  condition  that  the 
consent  in  writing  of  such  a  judge  or  such  a  court  is  first  obtained;  the 
consent  is  obtained,  and  the  act  becomes  operative.  It  was  thought  advisable 
at  one  period  of  our  history  to  enlarge  the  Erie  canal.  An  act  was  therefore 
passed  directing  the  enlargement,  provided  the  Canal  Board  should  be  of 
opinion  that  the  public  interests  demanded  it.  The  law  was  conditional. 
The  Canal  Board  were  of  opinion  that  the  public  welfare  would  be  pro- 
moted by  the  enlargement ;  and  that  the  opinion  gave  effect  to  the  law.  But 
cases  exist  precisely  analogous  to  this.  The  charter  of  the  city  of  New 
York  was  passed  by  the  Legislature,  but  whether  it  should  take  effect  as  a 
law  or  not  was  made  to  depend  on  the  result  of  a  vote  of  the  electors  of 
the  city.  So  of  the  law  providing  New  York  with  the  Croton  water,  and  so 
of  the  law  providing  the  city  of  Albany  with  pure  and  wholesome  water. 

The  powers  of  the  Legislature  under  the  constitution  of  1821,  were  sub- 
stantially the  same  as  under  the  present  constitution,  and  laws  were  enacted 
under  it  depending  on  the  happening  of  subsequent  events  to  give  them 
effect,  or  in  other  words,  referring  it  to  the  people  to  determine  by  ballot 
at  an  election  whether  the  act  should  become  a  law.  Such  was  the  license 
law  of  1845,  and  the  law  providing  for  the  constitutional  convention  is  a 
signal  instance  of  this  kind  of  legislation.  Many  of  the  acts  above  alluded 
to  have  passed  under  judicial  examination  and  construction,  but  nobody, 
lawyer  or  judge,  has  ever  doubted  their  constitutionality  to  my  knowledge. 
If  this  law  is  unconstitutional,  then  the  law  providing  for  the  late  State  con- 
vention was  equally  so,  and  for  the  same  reason;  but  it  will  be  found  a 
difficult  task  to  assign  any  good  reason  in  support  of  the  proposition  that 
either  of  them  is  unconstitutional. 


FREE  SCHOOLS  283 

This  is  not  the  case  of  a  delegation  of  authority  by  the  Legislature  to  any 
other  body  to  legislate  for  it  or  for  the  people,  nor  is  it  a  delegation  of 
power  to  the  people  at  large  to  legislate.  All  the  functions  of  legislative 
authority  are  exhausted  on  the  bill  before  it  passes  from  the  law  making 
power.  All  the  forms  required  by  the  constitution  or  the  rules  of  legislation 
to  reduce  the  subject  of  the  form  of  law,  are  applied  to  it.  Its  details  are 
perfected,  its  provisions  completed,  and  in  its  perfected  form  it  passes  both 
Houses  by  a  constitutional  vote,  and  receives  the  executive  sanction.  Whether 
it  shall  become  operative  as  a  law  or  not  depends  on  a  contingency,  but  noth- 
ing is  to  be  added  to  or  taken  from  it,  nor  are  its  provisions  to  be  changed  or 
modified  by  any  other  power.  The  contingency  happened  on  which  the  vital- 
ity of  the  law  depended,  and  then  the  law  which  the  Legislature  made  became 
the  law  of  the  land. 

It  may  be  urged  that  the  constitution  by  requiring  certain  acts  of  the  Legis- 
lature to  be  submitted  to  the  people,  before  they  become  binding  as  laws, 
negatives  the  idea  that  any  other  law  can  be  thus  submitted.  But  it  must  be 
borne  in  mind  that  these  provisions  are  restrictive  of  the  power  of  the  Legis- 
lature. They  take  away  a  power  which  the  Legislature  would  possess  with- 
out them,  but  do  not  at  all  prevent  the  Legislature  from  doing  in  every 
instance  what  they  require  it  to  do  in  the  particular  instance.  Can  there  be 
a  doubt  that  in  the  absence  of  these  restrictions  it  would  be  competent  for 
the  Legislature  to  submit  every  bill  creating  a  State  debt  to  the  people  for 
their  sanction  before  it  should  become  a  law?  The  Legislature  is  but  an 
agent  of  the  people,  and  I  think  it  may  with  great  propriety  and  in  perfect 
keeping  with  the  constitution,  submit  every  act  making  great  and  important 
changes  in  laws  of  general  interest,  to  the  sovereign  authority  for  its 
approval.  I  cannot  see  that  by  so  doing  it  would  transcend  its  constitutional 
limit. 

I  have  no  doubt  of  the  constitutionality  of  this  law. 
Respectfully  submitted. 

L.  S.  Chatfield 
Attorney-General 

Petition  of  inhabitants  of  Pompey  for  the  repeal  of  the  free  school  act 

In  Assembly,  March  30,  1850 

To  the  Legislature  of  the  State  of  New  York: 

The  petition  of  the  subscribers,  inhabitants  of  the  town  of  Pompey,  respect- 
fully showeth : 

That  your  petitioners  pray  your  honorable  body  to  repeal  at  once  and  uncon- 
ditionally, the  act  entitled  "An  act  establishing  free  schools  throughout  the 
State,"  and  the  act  amending  the  same. 

We  find  a  general  opinion  prevailing  that  the  law  was  unconstitutionally 
passed,  being  in  contravention  of  the  ist  section  of  the  3d  article  of  the  Con- 
stitution. That  our  government  is  in  form  a  representative  government,  and 
that  the  Senate  and  Assembly,  in  whom  the  legislative  power  is  vested,  are 
bound  to  assume  the  responsibility  of  finally  deciding  as  well  as  proposing 
every  law.  The  exceptions  in  a  subsequent  article  requiring  certain  laws  to 
be  submitted  to  the  people,  is  an  exclusion  of  all  other  cases.  We  hold  that, 
but  in  those  excepted  cases,  you  have  no  more  right  to  transfer  to  the  gfreat 


284  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

body  of  the  voters  a  legislative  power  vested  in  yourselves,  than  you  have 
to  transfer  the  pardoning  power  from  the  Governor  to  the  town  meetings. 

Again,  the  act  in  question  is  held  to  be  a  violation  of  the  13th  section  of 
the  7th  article  of  the  Constitution.  We  have  no  doubt  that  if  this  law  had 
been  framed  in  accordance  with  that  section,  it  would  have  been  defeated  in 
its  passage  through  the  Legislature;  but  when  it  was  seen  that  it  was  not  to 
be  a  law  by  the  act  of  the  Legislature,  no  one  seemed  to  have  taken  the 
trouble  to  mature  the  bill,  or  spend  a  thought  upon  the  proper  provisions  in 
such  a  law. 

We  are  aware  that  the  courts  may,  in  due  time,  annul  a  law  which  violates 
the  Constitution ;  but  they  cannot  act  until  a  case  arises,  is  matured  and  regu- 
larly brought  before  them.  The  Legislature  can  act  at  once,  and  it  is  better 
that  an  unconslicutional  law  be  obliterated  from  the  statute  book,  than  that 
it  should  remain  to  entrap  the  unwary. 

We  find  the  act  to  be  troublesome,  irritating,  and  every  way  injurious.  It 
produces  strifes,  jealousies,  divisions  and  animosities  in  every  district,  and 
bids  fair  to  disappoint  the  hopes  of  the  friends  of  "  general  education." 

We  have  no  doubt  that  the  law  was  passed  under  a  delusion;  certainly 
under  a  great  misapprehension.  It  could  not  well  be  otherwise;  the  great 
body  of  the  voters  had  not  read  the  act,  and  few  that  had,  had  studied  its 
operation,  and  not  expecting  that  the  title  of  the  act  was  a  cheat  and  a  lie, 
they  gave  it  their  vote,  expecting  that  the  schools  would  be  supported  from 
the  public  funds,  without  imposing  the  burthen  of  rate  bills  or  taxation. 
The  pretended  grievances  urged  for  the  passage  of  this  law,  we  believe,  were 
imaginary  and  fictitious.  But  by  repeated  reiteration  it  came  to  be  believed 
by  some  that  there  really  were  cases  where  individuals  suffered  so  intensely 
by  being  recognized  as  exempted  from  the  rate  bills  for  inability  to  pay; 
that  the  whole  system  of  our  common  schools  must  be  turned  into  chaos; 
that  these  oversensitive  individuals  may  be  relieved  from  such  intolerable 
sufferings.  By  this  law  they  are  relieved  by  being  authorized  to  put  their 
hands  into  their  neighbors'  pockets  at  discretion. 

Under  our  former  system  if  there  was  any  law  that  would  exclude  a  child 
from  school  —  but  from  choice  we  have  never  stumbled  upon  it ;  certainly 
we  never  had  known  one  excluded  —  but  if  there  was  any  such  law,  how 
simple  a  matter  to  repeal  it.  The  relief  afforded  under  that  system  to 
parents,  by  charging  the  erection  and  maintenance  of  the  school  house  and 
appurtenances  upon  the  property  of  the  district,  and  by  the  aid  derived  from 
the  public  school  moneys  in  paying  teachers'  wages,  so  reduced  the  expense 
to  the  parent  that  the  remnant  of  teachers'  wages,  when  collected  in  the 
form  of  a  rate  bill,  was  neither  considered  as  a  tax,  nor  felt  to  be  a  burthen ; 
and  hence  it  operated  with  as  much  general  success  and  harmony  as  could 
be  expected  of  an  institution  in  which  so  many  individuals  were  required  to 
cooperate.  But  when  the  new  school  law  comes  to  be  tried  ,and  its  ramify- 
ing power  of  taxation  seen  and  felt,  and  a  tax  to  be  rated  by  one  set  of  men 
and  paid  in  great  part  by  another  in  the  school  district,  then  the  people  are 
compelled  to  study  out,  and  made  to  see  and  feel  the  mischiefs  entailed  upon 
the  community  by  this  law. 

A  law  somewhat  upon  this  plan  may  possibly  be  the  best  for  cities  and  large 
villages;  but  in  the  country,  the  cases  of  individual  injustice  arising  under 


FREE   SCHOOLS  285 

it,  that  are  constantly  presenting  themselves,  preclude  all  hope  that  it  will 
or  can  be  acquiesced  in  by  the  people  of  the  country.  Business,  capital,  profit- 
able employment,  concentrate  in  cities  and  large  villages;  banks,  insurance 
companies,  railroad,  and  other  accumulations,  are  there  to  yield  their  princely 
contributions  to  the  tax-gatherer.  But  in  the  country  there  are  no  over- 
grown fortunes.  A  few  individuals  in  a  school  district  in  the  country  are 
better  off  than  their  neighbors,  but  generally  with  debts  and  expenses  in  pro- 
portion. A  case  of  frequent  occurrence  in  the  country  is  where  a  man  has 
struggled  through  life,  from  poverty  up  to  competency,  and  then  exhausted 
and  embarrassed  himself  by  educating  and  setting  out  in  life  his  own  chil- 
dren, and  is  now  visited  by  this  law,  in  every  form  of  taxation,  to  school  the 
children  of  his  more  thriftless  neighbors.  It  will  be  difficult  to  convince  such 
a  man  that  such  taxation,  is  either  honest  or  just.  But  he  is  not  the  only 
individual  who  will  clearly  see  and  keenly  feel  the  injustice  of  taxing  one 
man  for  another's  benefit.  Every  candid  and  fair-minded  man  sympathises 
with  the  man  so  oppressed,  and  is  indignant  at  the  power  which  inflicts  the 
oppression. 

In  many  districts,  the  numerical  majority  of  the  district  will  pay  from 
one-fifth  to  one-quarter  of  the  tax  they  vote,  and  sometimes  a  still  smaller 
proportion.  When  they  vote  the  highest  possible  tax  upon  their  neighbors 
who  have  no  children  to  send  to  the  common  school,  do  we  expect  that  the 
tax  payers  are  to  be  lulled  by  the  song  that  it  is  the  act  of  the  law  —  that  it 
is  the  principle  of  our  government  that  the  majority  should  govern? 

(Let  us  illustrate  that  principle  by  supposing  a  case.  The  leaders  of  a 
political  party,  seeing  by  the  turning  of  the  tides  that  their  hopes  will  soon 
be  shipwrecked,  cast  about  for  the  means  to  extend  their  influence  and 
secure  their  power.  They  find  it  necessary  to  increase  their  votes ;  and  deem- 
ing the  poor  the  most  easily  brought  over,  they  enact  that  the  poor  man, 
who  in  the  street  shall  meet  his  neighbor  that  may  be  better  off,  may  present 
a  pistol  to  his  breast,  and  say  to  him,  "  You,  sir,  have  been  industrious,  fru- 
gal, and  painstaking,  and  hence  you  are  able  to  educate  your  children;  while 
I  have  been  idle,  careless  and  profligate.  Now,  sir,  the  power  is  mine ;  sur- 
render to  me  your  purse  or  your  life,  that  my  children  may  be  as  well  edu- 
cated as  yours." 

We  startle  at  the  morality  of  such  legislation,  and  feel  convinced  of  the 
one  great  moral  to  be  deducted  from  the  American  Revolution,  that  neither 
the  omnipotence  of  the  British  Parliament,  nor  the  omnipotence  of  any  other 
legislative  body,  can  sanctify  injustice  or  oppression.  No  American  states- 
man, who  has  read  the  history  of  his  own  country,  should  need  to  be  con- 
vinced that  the  most  certain  mode  of  securing  the  ready  and  cheerful  acqui- 
escence of  the  people  to  a  government  of  laws  is,  that  the  laws  themselves 
be  framed  in  a  spirit  of  fairness,  or  justice,  and  uprightness. 

We  also  enter  ou/j,  protest  and  remonstrance  against  the  project  of  estab- 
lishing the  office  of  county  superintendents  or  Assembly  district  superintend- 
ents. We  are  sick  of  all  that  sort  of  improvement  which  consists  in  change. 
Such  appointments  will  be  mere  party  appointments,  and  very  likely  to  be 
conferred  upon  the  man  who  cannot  spell  words  of  over  two  syllables.  We 
have  found  by  experience  that  every  new  law  is  very  likely  to  be  a  book  of 
riddles. 

Dated,  Pompey,  Onondaga  county, 
February  19,  J850 


286  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

Report  of  the  select  committee  on  the  petitions  for  the  amendment  or 
repeal  of  the  free  school  law 

Assembly  document  150,  March  26,  1850 

Mr  Kingsley,  from  the  select  committee  appointed  to  take  into  considera- 
tion the  petitions  for  the  repeal  and  amendment  of  the  free  school  law,  in 
behalf  of  the  majority  and  minority  of  said  committee,  makes  the  following 
report : 

That  the  said  committee  entered  upon  the  discharge  of  its  important  and 
arduous  duties,  with  an  unfeigned  diffidence,  in  their  own  powers,  to  do 
justice  to  the  subject  assigned  to  their  care.  They  have  endeavored,  how- 
ever, to  discharge  their  duty.  In  deliberating  upon  the  subject,  they  have 
felt  the  responsibility  of  their  position;  that  feeling  has  sometimes  pressed 
upon  them  with  a  power  almost  overwhelming,  and  they  have  been  tempted 
to  give  up  the  work  in  despair.  It  is  not  strange  that  this  is  so,  for  how  can 
they  help  realising  that  they  are  acting  upon  a  subject  of  the  utmost  im- 
portance to  ourselves,  our  present  and  all  future  generations.  Our  common 
schools  are  now,  as  they  ever  must  be,  the  great  nursing  places  of  our  heroes 
and  statesmen ;  the  places  in  which  are  to  be  formed  our  future  rulers ;  where 
our  wise  and  learned  men  are  to  receive  the  rudiments  of  their  education,  and 
where  the  great  mass,  the  laboring  and  hardy  yeomanry  of  our  land,  are  to 
receive  the  whole  of  theirs.  If  we  look  around  us,  we  find  but  very  few 
indeed,  who  have  ever  gone  further  than  the  old  log  school-house,  near  by 
their  fathers'  farm  or  the  better  one  in  their  native  village,  in  its  pleasant 
spot,  and  hallowed  by  youthful  associations.  There,  the  greater  part  of  our 
population  is  educated;  there,  habits  of  thought  and  of  moral  feeling  are 
formed;  and  there  too  the  mind  receives  impressions  which  are  everlasting; 
and  have  a  controlling  influence  upon  the  action  of  the  man  through  all  his 
life.  A  few  go  thence  to  the  academy,  and  a  smaller  portion  still,  at  last 
complete  their  scholastic  course  at  our  colleges.  But  they  go  there  with 
impressions  received  at  the  common  school;  and  as  the  man  is  there  made, 
such  is  he  in  his  future  life. 

And  not  only  are  our  sons  there  educated,  but  our  daughters  also;  those 
who  are  to  be  the  mothers  of  future  generations.  They  must  there  be  fitted 
for  the  arduous  duties  and  the  responsibilities  of  their  life,  as  our  sons  for 
theirs;  and  there  they,  also,  must  form  those  habits  of  thought  and  feeling, 
those  principles  of  action,  which  are  not  only  to  govern  them,  but  are  to  be 
enstamped,  also,  upon  the  minds  of  their  sons  and  daughters;  who  are,  in 
their  turn,  to  succeed  them. 

Who  can  estimate  a  mother's  influence,  or  a  sister's  power,  over  the  heart 
and  conduct  of  a  son  or  a  brother?  Silently  and  unperceived  they  do  their 
work ;  the  character  is  formed ;  the  individual  knows  it  not ;  yet,  after  years 
reveal  the  fact,  and  show  him  how  much  of  a  blessing  or  a  curse  have  been 
the  influence  of  his  mother,  the  power  of  his  sister,  and  the  effect  of  those 
other  impressions  received  at  the  school-house  in  his  boyhood  days ;  when 
his  mind  and  character  were  fresh  and  easily  moulded,  and  he  receiving  the 
rudiments  of  his  moral,  mental  and  physical  education. 

How  important  then,  in  view  of  its  ultimate  consequences,  is  the  common 
school,  and  how  careful  should  we  be  that  it  perform  its  appropriate  work, 
unchecked  and  untrammeled,  receiving  the  cordial  and  hearty  support  of  the 


FREE   SCHOOLS  287 

whole  body  of  the  population!  This  last  indeed  is  a  necessary  condition  for 
the  full  and  complete  success  of  the  system.  If  it  is  looked  upon  with  a 
suspicious  eye,  or  opposed,  by  even  a  small  portion  of  those  affected  by  it; 
if  jealousies,  complaints,  ill-feeling  and  ill-will,  are  caused  by  its  practical 
operation,  (however  imjust  those  feelings  may  be  in  the  abstract)  then  it 
fails  of  accomplishing  its  object,  and  instead  of  a  blessing,  it  may  become  a 
curse. 

Our  State  early  recognized  the  importance  of  engrafting  upon  its  polic> 
a  good  common  school  system,  one  by  which  all,  even  the  poorest,  might 
receive  an  education  which  would  fit  them  for  the  transaction  of  the  business 
of  life,  would  prepare  them  for  discharging  well  their  part  as  members  of  a 
free  independent  State;  nay  more,  would  fit  them  to  be  freemen.  In  1795, 
so  soon  after  our  country  had  achieved  its  independence,  an  act  was  passed 
by  which  the  sum  of  $50,000  was  appropriated  annually  for  five  years, 
among  the  several  towns  in  the  State,  a  sum  equal  to  that  thus  granted, 
being  directed  to  be  raised  by  the  towns  for  an  additional  aid  to  their  com- 
mon schools.  In  1805,  a  permanent  fund  for  their  support  was  raised,  which 
was  increased  by  subsequent  legislative  appropriations,  until,  in  1812,  the 
system  in  operation  till  within  the  past  year,  was  established,  under  the 
direction  of  a  State  superintendent  of  common  schools,  which  office  was 
afterwards  attached  to  that  of  Secretary  of  State.  That  system  prospered  to 
an  eminent  degree;  the  people  approved  of  it,  and  sustained  it  well;  it  was 
their  pride,  and  our  citizens  removing  to  the  far  west,  the  glorious  land  of 
promise,  would  point  their  neighbors,  the  inhabitants  of  their  new  home, 
with  pride  and  admiration  to  the  glorious  common  school  system  of  their 
"  own  native  Empire  State,"  and  earnestly  recommend  it  to  them  for  their 
adoption.  And  why  should  they  not?  It  gave  a  good  English  education  to 
every  one  of  whatever  nation  he  was  born,  or  under  whatever  sky;  it  asked 
not  if  he  was  rich  or  poor,  but  opened  its  school  house  door  to  the  son  of 
poverty  as  well  as  to  the  heir  of  riches ;  the  State,  acknowledging  its  duty 
and  obligation,  from  its  own  abundant  resources  gave  a  part  of  the  funds, 
the  towns  supplied  an  equal  portion,  and  what  was  lacking,  those  who 
enjoyed  its  benefits  gladly  paid. 

Nor  were  the  new  states  reluctant  to  follow  the  example  thus  commended 
to  their  approbation  and  imitation.  Ohio,  Indiana,  Illinois,  Missouri,  Ken- 
tucky, Tennessee,  Mississippi,  Louisiana,  Georgia,  Michigan  and  Alabama, 
gladly  followed  in  our  lead,  established  systems  similar  to  ours,  and  provided 
the  necessary  means  for  carrying  them  into  full  and  complete  operation. 
Nor  is  this  all.  A  self  denying  and  christian  spirit  impelled  a  few,  a  noble 
few,  to  leave  homes  and  kindred,  and  on  a  beautiful  cluster  of  islands  in  the 
far-off  Pacific  to  plant  the  standard  of  the  cross,  and  to  call  around  it  the 
benighted  and  degraded  there.  They  had  with  them,  first  of  all,  the  bible; 
they  next  had  the  recollection  of  their  common  schools  at  home,  and  remem- 
bering their  happy  influences  on  the  character  of  the  people,  they  established 
similar  schools  there,  and  they  have  found  them  a  most  powerful  auxiliary 
in  their  noble  work;  the  intellect  is  awakened,  cultivated  and  expanded;  and 
as  a  natural  consequence,  the  moral  nature  of  the  man  is  made  tender  and 
prepared  to  receive  with  approbation,  the  teachings  of  a  pure  and  holy 
religion.  He  learns  to  lock  with  disgust  and  abhorrence  upon  his  idolatrous 
worship,  and  to  love  that  divine  system  which  the  missionary  brings. 


288  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

The  beneficent  results  of  our  system  upon  our  own  population  can  not 
be  doubted  or  denied.  Go  where  we  will,  we  find  the  school  house  and  the 
school  master.  Go  also  where  we  will,  we  find  an  honest,  a  laboring  and  an 
intelligent  population.  On  every  side  are  pleasant  houses,  cultivated  farms, 
happy  villages,  and  all  the  marks  of  thrift  and  industry.  Enter  the  humble 
school  house,  and  an  interesting  sight  is  before  you.  Instead  of  roving  about 
the  streets  or  highways  learning  idleness,  dissipation  and  vice,  are  gathered 
those  who  are  hereafter  to  be  our  rulers,  our  wise  men  and  our  statesmen. 
They  are  not  learning  that  which  will  make  them  a  curse  to  the  world;  they 
are  not  contracting  habits  which  will  work  their  own  and  others  ruin,  they 
are  not  preparing  for  a  life  of  crime,  but  they  are  fitting  themselves  to  act! 
well  their  part  as  citizens  of  a  great  and  free  nation,  worthy  of  the  highest 
honors  it  may  have  in  its  power  to  bestow.  Our  observation  shows  us, 
that  with  the  general  diffusion  of  practical  knowledge  among  the  masses, 
idleness,  sensual  indulgence,  and  crime  decrease,  and  give  way  to  industry, 
honesty  and  virtue.  True,  however  well  educated  and  refined  a  nation  may 
be,  however  knowledge  may  be  disseminated  among  the  masses,  idleness  and 
crime  with  their  attendant  evils  are  not  entirely  done  away ;  all  past  experi- 
ence proves  this;  but  the  same  experience  also  proves,  that  it  is  among  an 
ignorant  and  degraded  people,  that  we  are  to  look  for  the  greatest  degrees 
of  vicious  indulgence,  the  most  atrocious  crimes,  the  most  regardless  sloth, 
and  in  fine,  for  a  general  prevalence  of  all  those  vices,  and  those  degrees  of 
wickedness  which  so  degrade  and  debase  our  human  nature,  and  which,  if 
universally  prevalent,  would  make  of  this  world,  a  modal  lazar  house, 
instead  of  the  beautiful  and  pleasant  one  that  it  should  be.  Indeed,  it  cannot 
be  denied,  our  experience  has  given  the  remark  the  force  of  an  axiom,  that 
a  general  diffusion  of  knowledge  among  the  masses,  has  a  tendency  to  elevate 
them  and  increase  the  general  amount  of  virtue  and  consequent  happiness 
in  their  midst,  while  its  absence  produces  a  contrary  and  disastrous  effect. 

It  is  not  strange  then  that,  as  a  consequence  of  the  common  school  system 
of  which  we  are  speaking,  near  by  our  school  houses  we  find  the  church 
erected,  in  which,  during  one  day  in  seven,  a  happy,  intelligent  and  con- 
tented congregation  is  found,  with  sincere  hearts,  worshipping  a  divinity 
whose  precepts  are  pure  and  holy,  whose  requirements  are  not  heavy,  and 
whose  rewards  are  glorious ; —  that  we  find  our  young  men  emerging  from 
the  portals  of  "  the  poor  man's  college,"  and  occupying  positions  of  eminence 
and  renown;  that  we  follow  them  through  the  higher  institutions  of  learning 
which  the  State  also  provides  for  and  watches  over,  until  they  graduate  at 
our  universities,  and  soon  become  our  great  men,  and  those  whom  we  love 
and  delight  to  honor;  that  we  find  them  the  eloquent  defenders  of  the  rights 
of  man  at  the  bar  of  justice;  merchants  whose  sails  whiten  the  seas  of 
Indian  lands,  and  bring  back  rich  freights  and  princely  cargoes;  teachers 
of  a  world-wide  renown,  preparing  their  students  for  the  stations  they  and 
others  now  occupy;  or  filling  the  pulpit  and  pointing  their  hearers,  rapt  with 
their  words  of  persuasion  and  eloquence,  to  the  better  country  which  is 
before  them,  and  all,  everywhere,  diffusing  knowledge,  refinement  and  hap- 
piness in  their  pathways,  a  blessing  to  those  by  whom  they  are  surrounded; 
a  blessing  also  to  the  world  at  large. 

While  thus  our  common  school  system  makes  us  wiser  and  better  men, 


FREE  SCHOOLS  289 

while  it  thus  diffuses  the  blessings  of  knowledge  and  intelligence  into  every 
hamlet  and  secluded  district,  it  also  makes  our  people  a  happier  one.  It 
does  this  by  expanding  the  scope  and  grasp  of  the  mind,  cultivating  its  better 
powers  and  faculties,  and  bringing  the  moral  attributes  of  man  into  a  more 
full  and  perfect  action.  The  degrading,  ignorant  and  vicious  have  theii 
enjo>-ment,  it  is  true,  but  it  is  of  a  mere  sensual  and  fleeting  character; 
while  to  the  educated  mind,  new  and  lasting  sources  of  pleasure  are  opened; 
the  whole  of  creation  to  his  intelligent  vision  is  one  of  beauty  and  enjoyment; 
his  powers  of  appreciating  and  enjoying  what  is  before  him,  are  enlarged 
and  increased,  and  where  before  one  faculty  ministered  to  his  happiness,  a 
thousand  now  are  brought  into  life  and  activity;  he  feels  himself  a  new 
man,  and  in  a  new  world.  Nor  is  it  thus  only  with  the  individual  members 
of  a  state,  but  the  great  whole  —  the  entire  of  the  population  has  its  hap- 
piness increased,  so  thai  it  is  universally  true,  that  wherever  we  find  a  nation 
where  the  people  generally  are  educated  and  intelligent,  that  nation  is  a 
contented  and  a  happy  one  also.  Who  would  prefer  the  wild  freedom 
of  the  savage  and  his  joys,  to  the  mild  restraint,  comfort  and  enjoyment 
of  his  enlightened  neighbor? 

Other  benefits  arising  from  a  general  diffusion  of  knowledge,  might  be 
mentioned  here,  but  we  forbear.  We  have  endeavored  to  show  that  such  a 
diffusion  increases  the  prosperity,  virtue  and  happiness  of  a  nation;  and  it  is 
from  this  position  that  we  derive  an  important  point  in  our  argument, 
which  is :  —  The  obligation  of  a  state  to  provide  for  this  general  dissemina- 
tion of  knowledge  among  its  people. 

Governments  are  formed  for  certain  and  specific  purposes.  In  a  state  of 
nature,  each  one  is  free  to  do  what  and  as  he  chooses.  But  he  enters  into  a 
compact  with  others,  by  which  a  government  is  formed;  some  natural 
rights  are  yielded  for  the  general  good  of  all,  and  in  consideration  of 
certain  benefits,  which  the  government  seek  and  require,  and  which  the 
ruler  or  rulers  agree  shall  be  accordingly  conferred  upon  them.  Among 
these  are,  that  the  members  shall  be  protected  in  their  persons  and  property; 
another  and  more  important  one  at  the  present  is,  that  the  government 
shall  so  conduct  itself  —  that  the  State,  through  its  Legislatures  or  other 
constituted  agents,  shall  make  such  laws,  and  adopt  such  a  course  of  policy, 
as  shall  confer  the  greatest  amount  of  happiness  upon  its  members ;  and 
shall  give  them  the  greatest  degree  of  prosperity  consistent  with  the  general 
good  of  all.  We  have  already  shown,  that  a  good  common  school  system 
produces  and  effects  these  results,  and  we  therefore  conclude,  that  it  is  the 
highest  interest  of  the  State,  its  most  imperative  duty,  to  establish  and 
maintain  such  a  system,  and  by  all  necessary  rules,  laws  and  regulations, 
to  give  it  life  and  a  full  and  complete  operation.  And  not  this  alone  —  it 
has  not  only  to  pass  laws,  but  it  must  furnish,  or  provide  for,  the  means 
also.  The  wealth  of  a  nation  belongs  to  the  individuals  of  that  nation ; 
when  it  is  necessary  to  promote  the  general  good,  that  wealth  should  be 
applied  to  effectuate  that  end,  not  with  a  lavish,  not  with  a  penurious  hand, 
but  in  such  a  manner  as  most  effectually  to  accomplish  the  object  desired. 
The  schools  thus  provided,  being  for  the  common  benefits  of  the  State, 
should  be  supported  by  the  State ;  not  directly  it  may  be,  but  at  least  indi- 
rectly; that  is,  that  in  some  way  or  other,  the  property  of  the  State,  in  a 

19 


290  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

fair,  just  and  equal  proportion  according  to  the  different  interests  different 
persons  may  have  in  the  subject,  or  the  more  immediate  or  remote  benefits 
they  may  derive  from  the  sums  thus  appropriated,  should  be  made  to  support 
the  schools  so  established  for  the  general  good  of  all.  They  should  also  be 
free  to  all.  Such  schools  the  State  is  bound  to  provide;  schools  which  are 
open  to  all,  whence  no  one  shall  be  excluded,  .whatever  his  race,  or  com- 
parative situation  in  Ufe;  but  whose  doors  shall  open  as  gladly  to  one  as  to 
another,  and  where  all  shall  be  on  a  perfect  equality.  We  claim  not  that  the 
State  should  so  bestow  its  means  as  to  give  to  every  one,  freely,  a  collegiate 
or  even  an  academic  education;  but  only  that  it  is  bound  by  every  considera- 
tion of  utility  and  justice,  to  furnish  the  means  for  the  common  education  of 
every  child  within  its  boundaries  —  that  it  should  give  to  every  one  an  oppor- 
tunity for  so  improving  the  powers  which  Nature's  God  has  given  him,  that 
he  may  be  enabled  to  discharge  the  ordinary  duties  of  life  with  ease  and  cor- 
rectly, and  prepared  also  to  proceed  farther  and  farther  into  the  great 
ocean  of  science  which  lays  before  him.  Else  the  State  has  not  performed 
all  its  duty;  it  has  not  done  all  in  its  power  to  increase  the  virtue,  safety, 
prosperity,  and  happiness  of  its  people,  and  in  so  far,  is  a  debtor  to  those 
who  made  it. 

As  we  have  before  remarked  our  State  early  in  its  existence  as  an  independ- 
ent one,  discovered  this  great  truth,  and  setting  itself  to  work  accordingly 
in  1795,  made  an  appropriation  of  $500,000  annually  for  five  years,  the  people 
of  the  towns  raising  a  corresponding  amount,  and  which  sums  were  applied 
to  the  support  of  common  schools.  For  some  reason  or  other,  it  appears 
that  but  $149,250  were  actually  paid  during  this  time,  and  that  from  the  year 
1801,  when  the  last  of  said  payments  was  made,  to  1814,  nothing  whatever 
was  paid  by  the  State  for  common  school  purposes.  But  although  nothing 
was  paid,  the  State  was  not  unmindful  of  its  obligation  in  the  premises ;  and 
in  1805  an  act  was  passed,  appropriating  500,000  acres  of  land  "  to  raise  a 
fund  for  the  encouragement  of  common  schools,"  which  fund  was  to  be  a 
permanent  one;  the  Surveyor  General  to  sell  the  land,  the  Comptroller  to 
loan  the  principal  derived  from  such  sale  and  the  accruing  interest,  until  the 
whole  interest  should  amount  to  $50,000  annually,  after  which  the  interest  was 
to  be  distributed  among  the  common  schools  in  such  a  manner  as  the 
Legislature  should  direct,  and  which  investment  was  the  foundation  of  the 
present  school  fund. 

In  1810,  another  act  was  passed,  which  providing  for  the  payment  of  the 
salaries  of  the  clerks  of  the  Supreme  Court  from  their  fees,  directed  that 
the  surplus  of  those  fees,  after  such  salaries  were  paid,  should  be  appro- 
priated to  the  common  school  fund.  It  was  several  years,  however,  before 
a  surplus  was  realized,  and  the  act  itself  was  repealed  in  1821,  some  $78,000 
having  been  received  from  the  operations  of  the  act. 

The  next  step  in  the  perfecting  of  the  system,  was  the  appointment  by 
the  Governor  in  181 1,  under  a  power  conferred  in  the  supply  bill  of  that 
year,  of  three  commissioners,  to  report  a  system  for  the  organization,  regu- 
lation and  establishment  of  common  schools,  to  the  next  Legislature.  This 
commission  discharged  its  duty  in  the  making  of  a  report,  accompanied 
by  a  bill  of  the  Legislature  of  1812,  and  on  the  19th  of  June  of  that  year, 
a  law  was  perfected  and  passed  which  was  the  basis  of  our  common  school 


FREE   SCHOOLS  29I 

system  until  within  a  very  short  time,  and  which  system  so  many  are  anxious 
that  we  should  now  restore. 

This  law  of  1812  was  but  the  basis  of  our  old  system,  and  in  succeeding 
years,  jt  was  very  essentially  modified  and  changed.  It  provided  that  a  State 
Superintendent  should  be  appointed,  and  that  the  public  money  should  be 
apportioned  to  such  towns  only  as  should  voluntarily  raise  an  equal  amount 
by  a  tax.  In  1814,  this  feature  was  changed,  and  the  supervisors  were 
directed  annually  to  raise,  by  a  tax  on  several  towns,  a  sum  equal  to  that 
received  by  them  from  the  State.  Other  amendments  were  made  from  time 
to  time,  up  to  1821,  when  the  duties  of  the  office  of  State  Superintendent 
were  transferred  to  the  Secretary  of  State. 

In  1814,  the  first  appropriation  from  the  proceeds  of  the  common  school 
fund  established  in  1805,  was  made.  It  was  the  bare  pittance  of  $48,376 
only;  but  it  was  the  germ  of  a  mightier  sum  which  was  thereafter  to  be 
realized  from  the  wise  foresight  of  our  fathers  in  their  liberal  appropriation 
—  an  appropriation  then  comparatively  worthless,  but  which  it  was  foreseen, 
as  the  result  has  proved  true,  would  in  the  end  be  of  a  great  and  command- 
ing value.  This  fund  has,  in  various  ways,  at  different  times  been  in- 
creased until  now,  when  we  have  a  capital  belonging  to  our  common  school 
fund  of  $2,244,000,  protected  and  assured  to  us  by  the  guarantees  of  the 
Constitution  as  a  fund  for  common  school  purposes,  set  apart  inviolate 
and  fore\-er.  From  this  fund,  which  must  gradually  yet  surely  from  the 
provisions  of  the  sarr\e  Constitution,  increase,  we  now  annually  distribute 
$285,000  and  more,  which  sum,  increasing  as  the  fund  itself  has  enlarged, 
will  each  year  make  our  schools  more  and  more  perfectly  "and  practically 
"  free." 

This  is  a  magnificent  sum  for  a  State  to  set  apart  for  a  purpose  like  this. 
It  is  not  for  war;  it  is  not  for  the  destruction  of  human  life;  it  is  not 
for  the  forging  of  the  instruments  of  battle,  or  the  building  of  armed  navies, 
that  these  millions  are  devoted;  but  for  the  education  and  cultivation  of 
immortal  minds,  and  to  render  them  wiser,  better,  and  happier  than  they 
would  otherwise  be;  for  the  teaching  of  those  lessons  which  will  one  day 
beat  the  sword  into  the  plough-share  and  the  spear  into  the  pruning  hook; 
for  the  inculcation  of  those  principles  which  are  yet  to  cover  the  earth 
with  the  blessings  of  peace,  and  imbue  its  inhabitants  with  a  feeling  of 
good  will  each  towards  the  other. 

This  sum  has  not  been  appropriated  in  vain.  Each  succeeding  year  has 
seen  a  greater,  and  a  still  greater  number  of  pupils  flocking  into  the  schools 
thus  fostered  and  nourished  by  the  care  of  the  State,  until  within  the  past 
year,  an  army  of  nearly  800,000  children  has  there  received  the  rudiments  — 
it  may  be,  the  whole  —  of  that  education  which  is  so  necessary  and  so  well 
adapted  to  render  each  of  them  happy,  prosperous,  and  industrious,  the  better 
fitted  for  the  stations  of  importance  in  life  which,  as  citizens  of  a  great 
republic,  they  mav  hereafter  —  many  of  them,  at  least  —  be  called  upon  to 
fill. 

But,  *it  is  not  in  this  manrjer  alone  that  the  State  has  endeavored  to  dis- 
charge the  duty  incumbent  upon  it,  of  educating  and  improving  its  popula- 
tion. It  has  set  apart  another  fund,  the  annual  income  of  which  is  applied 
to  the  purchasing  and  keeping  up  of  a  suitable  miscellaneous  library  in  each 
of   the   school   districts   of   the   State.     It   was   a   wise,   a   laudable,   and  a 


292  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

benevolent  policy  which  instigated  this  measure,  and  one  the  influence  of 
which  cannot  even  be  fully  estimated,  and  least  of  all  cannot  be  during  the 
generation  in  which  it  originated.  The  kings  of  the  old  world  have  collected 
at  their  capitals  vast  numbers  of  books,  rare,  valuable  and  costly.  They  are 
carefully  kept  in  splendid  buildings,  which  are  adorned  with  all  the  embel- 
lishments of  art.  To  the  wise,  the  curious  enquirer,  the  wealthy,  or  the 
noble,  they  are  open;  but  to  the  illiterate,  the  poor,  or  the  ignoble,  from 
their  location,  and  the  ban  of  prejudice  or  custom,  they  are  forbidden  places, 
and  their  volumes,  emphatically,  "  sealed  books."  Of  what  use  to  the  peasant 
of  Normandy  or  the  sunny  plains  of  Languedoc  are  all  the  treasures  depos- 
ited in  the  libraries  of  the  French  capital?  Of  what  use  to  the  serf  of 
Russia,  or  to  the  laborer  of  England,  are  the  libraries  at  St.  Petersburgh  or 
London?  Of  what  use  are  any  of  the  libraries  of  Europe  to  the  great 
mass  of  the  surrounding  population?  None!  To  the  vast  majority,  they 
might  as  well  be  buried  in  the  depths  of  the  sea,  or  scattered  to  the  four 
winds  of  heaven,  as  to  be  where  they  are. 

The  State  of  New  York  has  done  better  and  more  wisely  than  the  king- 
doms of  the  old  world.  While,  like  them,  she  has  gathered  her  splendid 
library  at  her  Capitol,  which  contains,  as  it  should,  books  of  rare  and  costly 
value,  many  of  which  are  valuable  to  only  a  few,  she  has  heeded  the  wants, 
not  of  a  portion  only  of  her  population,  but  those  of  the  whole  of  it.  In 
every  district  through  all  her  State,  she  has  placed  a  library  of  such  books 
as  her  farmers,  her  mechanics,  her  merchants,  her  apprentices,  her  whole 
people,  old  or  young,  need.  That  library  is  open  for  all;  no  one  is  excluded 
of  debarred  from  its  privileges;  but  each  one  finds,  at  home,  a  library  for 
his  own  and  his  neighbors'  use. 

Viewed  in  this  light,  the  spectacle  which  New  York  presents  is  a  proud 
and  glorious  one.  She  has  divided  the  State  into  eleven  thousand  five  hun- 
dred districts  of  convenient  size;  in  every  one  of  these  she  has  caused  to  be 
erected  a  school  house,  helped  to  pay  the  teacher  who  has  taught  there,  and 
side  by  side  with  the  school  house  has  placed  a  library  such  as  the  population 
reads.  The  spectacle  truly  is  one  which  may  challenge  the  admiration  of 
the  world. 

Your  committee  ask  pardon  for  this  seeming  digression.  We  should  not 
have  alluded  to  our  library  system  but  we  could  not  forbear,  when  speaking 
of  what  has  been  done  for  the  cause  of  popular  education,  to  refer  to  this 
point  also,  and  for  the  further  reason  that  some  of  your  petitioners  have 
asked,  that  the  fund  now  applied  for  the  purchase  of  libraries  may  be  devoted 
to  a  different  purpose. 

It  may  not  be  amiss,  for  the  proper  understanding  of  some  portions  of  the 
subsequent  part  of  our  report,  for  us  here  to  briefly  mention  the  leading 
features  of  the  common  school  system  in  operation  up  to  the  passage  of  the 
free  school  law. 

By  that  system  the  State  annually  distributed  to  the  several  towns  of 
the  State,  their  proportionate  share  of  the  revenues  of  the  Common  School 
Fund.  The  boards  of  supervisors,  at  their  annual  meetings  caused  to  be 
levied,  on  each  of  the  towns  in  their  counties,  a  sum  equal  in  amount  to 
that  received  from  the  State,  and  such  further  sum  as  the  electors  of  the 
town  might  have  directed;  these  sums,  (with  the  addition  of  that  received 
bv  some  towns  and  from  local  and  other  funds,  and  amounting,  in  all  the 


FREE   SCHOOLS  293 

State,  to  an  annual  average  of  $20,000)  made  the  public  money  of  the  town, 
which  was  divided  among  the  several  school  districts  of  the  town  in  pro- 
portion to  the  number  of  children  therein,  over  five  and  under  sixteen  years 
of  age,  according  to  the  last  report  of  the  district  trustees.  Schools  were  to 
be  kept  during  four  months  in  each  year,  and  for  such  longer  time  as  the 
trustees  should  determine,  and  the  amount  remaining  due  for  teachers'  wages, 
after  deducting  the  public  money,  was  raised  by  rate-bills  from  those  sending 
to  school,  they  being  taxed  for  that  purpose  in  proportion  to  the  number 
of  days  their  children  had  attended  the  school. 

As  we  have  before  remarked,  this  system  worked  well.  Minor  defects 
were  from  time  to  time  discovered  in  it,  which  were  rectified  as  fast  and  as 
well  as  possible,  but  no  material  alterations  were  made  in  it  from  the  time  of 
its  institution  in  1812,  except  those  before  mentioned,  until  within  a  very 
recent  period. 

Within  a  few  years,  however,  in  some  of  our  cities  and  large  villages,  a 
different  system  was  adopted  and  with  great  success.  We  allude  to  what  is 
now  called  the  "free  school  system."  It  is  very  diflferent  from  the  other,  dis- 
pensing with  the  rate-bill  entirely,  and  raising  the  amount  left  unpaid  for 
the  expenses  of  the  district,  after  deducting  the  public  money,  by  a  direct  tax 
upon  the  property  of  the  district.  The  advantage  of  it  is  that  no  one  is 
deterred  from  sending  his  children  to  school  through  fear  of  the  rate-bill, 
which  he  is  too  poor  to  pay,  or  from  a  pride  which  forbids  him  to  ask  an 
exemption  from  its  burthens,  though  such  an  exemption  was  provided  for 
the  benefit  of  such  persons.  Jn  our  large  cities,  which  are  crowded  with 
the  children  of  foreigners  and  others,  the  system  worked,  and  ever  must 
work,  advantageously  from  the  large  number  of  those  who  draw  public 
money  and  the  greater  comparative  cheapness  of  supporting  schools  in  such 
places,  than  in  the  sparse  and  thinly  settled  country  districts. 

A  defect  in  the  old  system,  of  a  grave  and  serious  character,  was  that 
many  who  really  ought  to  have  been  exempted  from  any  and  all  the  burthens 
of  common  schools,  either  from  the  inattention  or  remissness  of  the  district 
trustees,  or  a  pride  on  their  part  for  which  they  would  not  claim  it,  were 
not  exempted,  and  were  deterred  from  sending  their  children  to  school.  In 
1845,  the  State  Superintendent  made  an  effort  to  learn,  from  the  reports  of 
subordinate  school  officers,  the  number  of  children  who  were,  for  these  rea- 
sons, kept  from  our  schools.  The  returns  upon  this  head  were  very  imper- 
fect, but  enough  was  returned  to  authorize  the  opinion  that,  in  all  the  State, 
over  46,000  children  were  thus  deprived  of  a  participation  in  the  benefits  of 
our  common  schools.  This  was  a  serious  evil ;  these  children  were  to  be  pro- 
vided for,  we  would  have  been  unjust  to  have  left  them  practically  unable 
to  enter  those  schools  which  the  State  and  its  citizens  had  provided  for  their 
benefit  as  well  as  for  that  of  any  other  children. 

The  free  school  laws  in  the  cities,  and  to  which  we  have  just  referred,  had 
been  found  ven>'  useful  in  bringing  in  this  class  of  children.  The  opinion 
began  to  prevail,  that  the  system  would  operate  equally  well  in  the  country, 
and  would  bring  in  those  children  there,  whose  parents  were  unable  or  unwill- 
ing, as  the  law  then  was,  to  send  them  to  school.  Petitions  for  that  pur- 
pose were  sent  in  to  the  Legislature  of  1849 ;  the  State  Superintendent  of  that 
year  recommended  the  plan,  and,  accordingly,  a  general  free  school  law  was 
prepared  and  submitted  to  the  people,  at  the  general  election  in  that  year. 


294  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

for  their  adoption  or  rejection.  It  is  useless  to  say  that  the  law  was  adopted 
by  a  majority  of  thousands,  of  hundreds  of  thousands;  and  thus,  in  a  day, 
that  system  of  common  schools,  which  had  been  in  existence  since  1812,  was 
laid  away,  and  a  new  one,  and  to  a  great  extent  untried,  substituted  in  its 
place.  Though  the  provisions  of  this  law  are  known  and  familiar  to  us  all, 
it  may  not  be  improper  for  us  to  refer  briefly  to  its  leading  features.  In  the 
first  place,  it  provided  that,  "  Common  schools  in  the  several  school  districts 
in  this  State  shall  be  free  to  all  persons  residing  in  the  district  over  five  and 
under  twenty-one  years  of  age ;"  and  that  non-residents  might  be  admitted, 
on  such  terms  as  the  trustees  should  impose.  It  next  provided  that,  in  addi- 
tion to  the  amount  of  public  money  before  raised,  there  should  be  collected, 
by  a  tax  levied  on  the  counties,  a  sum  equal  to  that  received  by  the  counties 
from  the  State;  making  an  increase  of  fifty  per  cent  upon  the  amount  there- 
tofore raised  by  a  tax ;  the  whole  amount  so  raised  to  be  dividede  among  the 
districts  in  the  same  manner  as  by  the  previous  law.  Then  came  the  third 
section  of  the  act,  which,  taking  that  power  from  the  trustees,  in  whose 
hands  it  had  before  been,  gave  to  the  inhabitants  of  the  district  the  voting  of 
what  the  common  school  expenses  of  the  district  for  the  succeeding  year 
should  be;  and  the  amount  they  fixed,  after  deducting  the  public  money,  was 
to  be  raised,  by  a  tax  upon  the  property  of  the  district  liable  to  taxation.  As 
a  safe  guard  against  the  contingency  that  the  inhabitants  might  refuse  or 
neglect,  in  some  cases,  to  make  the  necessary  appropriations,  the  trustees 
were  authorised  to  raise,  by  tax  as  before,  an  amount  sufficient,  after  deduct- 
ing the  public  money  to  support  a  school  four  months  in  the  year.  So  that, 
as  in  the  old  law,  a  school  was  required  to  be  kept  that  length  of  time, 
let  what  would  happen. 

This  law  has  now  been  in  operation  some  four  months  only,  and  yet  we 
are  already  daily  receiving  petitions  for  its  amendment,  or  its  total  and  entire 
repeal.  Already  there  have  been  presented  over  forty  petitions  for  its 
amendment,  and  over  two  hundred  and  fifty  for  its  repeal.  They  come 
from  every  corner  of  the  State ;  from  our  villages ;  our  secluded  districts ; 
from  our  boards  of  supervisors;  our  town  meetings;  from  the  high  and  low; 
the  rich  and  poor;  those  who  voted  for,  and  those  who  voted  against  it;  all 
ages,  conditions  and  classes,  are  here,  and  respectfully  ask  us,  either  to 
make  essential  and  important  amendments  to  the  law,  or,  by  its  repeal,  to 
place  us  where  we  were  before,  upon  the  platform  we  had  occupied  since  1812. 
In  this  manner,  and  for  these  purposes,  some  twenty  thousand  names,  of 
which  over  two  thousand  are  for  amendments,  and  over  seventeen  thousand 
are  for  repeal,  have  been  presented  to  us;  and  we  are  called  upon,  by  every 
consideration  of  duty  and  interest,  to  listen  to  these  complaints,  and  grant 
such  relief  as  it  may  be  in  our  power  to  bestow. 

It  is  not  strange,  that  the  change  from  the  rate-bill  to  the  new  system 
should  be  accompanied  with  evils,  difficulties  and  embarrassments.  That 
was  to  t)e  expected,  but  no  one  could  have  calculated,  jud^ng  from  the 
workings  of  the  free  system  in  our  cities  and  villages,  that  its  operations, 
in  the  country,  would  be  so  disastrous  to  the  best  interests  of  our  schools, 
as  the  result  has  shown.  For  years,  the  average  length  of  time  that  schools 
have  been  taught,  has  been  eight  months  throughout  the  State;  now, 
your  committee  hazards  nothing  in  saying,  that  it  will  not  average  more 
than  five  or  six  months,  and  were  it  not  for  the  necessity  imposed  by  law, 
that  schools   shall   be  kept  up   for   four  months  in  the  year,   the  average 


FREE   SCHOOLS  295 

would  reach  even  less  than  five  months ;  and  the  time  in  which  our  schools 
are  kept  open,  would  thus  be  reduced  nearly  one-half,  whereas  now,  as  it 
is,  this  term  is  reduced  at  least  one-third  from  its  usual  average  before. 
Not  only  are  our  schools  thus  closed  for  a  portion  of  the  year,  during  which 
they  were  before  taught,  but  this  diminution  is  accompanied  by  much  ill- 
feeling  on  the  part  of  those  who  were  intended  to  be  benefited  by  the  act 
in  question;  indeed,  it  cannot  be  denied,  that  as  the  law  now  is,  it  is  con- 
demned by  the  whole  and  united  voice  of  the  people  of  the  State,  who,  in 
great  numbers,  as  it  were,  have  come  to  us,  and  petitioned  that  we  repeal 
it  from  our  statute  books,  or  else  make  such  amendments  to  it  as  shall 
make  it  more  acceptable  to  them,  and,  as  they  claim,  and  we  believe,  more 
beneficial  to  the  cause  of  common  schools.  Among  these  petitioners  we 
recognize  names  of  high  standing  and  influence,  men  of  experience  and  judg- 
ment, men  of  wealth  and  indigence,  men  of  all  classes  and  situations  of  life ; 
and  believing  as  we  do,  that  no  system,  however  perfect  in  itself,  can  be 
of  benefit,  when  opposed  by  those  interested  in  it,  we  feel  ourselves  bound 
to  do  what  we  can  to  allay  the  existing  excitement,  and  to  suggest  such 
amendments  or  alterations  as  shall  bring  back  our  common  schools  to  their 
former  healthful  action,  their  former  hold  upon  the  affections  and  esteem 
of  our  people.  And  in  order  that  we  may  recommend  such  amendments  or 
alterations  as  will  best  accomplish  this  end,  it  is  proper  to  examine  into 
the  principal  causes  of  complaint  now  made  against  the  law,  that,  like  wise 
physicians  understanding  the  disease,  its  location,  and  its  causes,  we  may 
be  able  to  apply  the  proper  remedy. 

The  most  prominent  objection,  and  your  committee  is  constrained  to  say, 
that  in  their  opinion  it  is  a  valid  one,  is  the  unequal  rate  of  taxation  in 
different  counties,  towns  and  districts  even,  which  is  caused  by  the  practical 
working  of  the  present  law.  No  doubt  can  be  entertained  that  ithis  taxation 
is  most  unequal  and  should  be  corrected.  The  public  money  is  distributed 
into  the  several  school  districts  of  the  town,  in  proportion  to  the  number 
of  children  therein  of  a  certain  age.  Now,  in  the  large  districts  there  being 
a  great  number  of  these  children,  more  money  is  received  than  in  the  smaller 
ones,  the  proportion  being  in  some  instances  as  great  as  from  i  to  3,  or 
even  5 ;  that  is  to  say,  while  one  district  may  receive  $25  of  public  money, 
another  one  in  the  same  town,  and  it  may  be  an  adjoining  one,  receives 
$75,  $100  or  even  $150,  while  it  is  evident  to  every  one,  that  the  expense  of 
the  several  schools  differ  t)ut  comparatively  in  a  small  degree.  A  house  has 
to  be  built  in  each,  fuel  furnished,  teacher  boarded,  and  teacher  hired,  so 
that  the  expenses  of  the  smaller  one  are  nearly  as  great  as  those  of  the 
larger  school,  though  the  amount  of  their  public  money  is  so  very  much 
different  in  amount.  And  again,  in  the  larger  districts,  there  is  more  prop- 
erty, usually,  than  in  the  smaller,  and  the  consequence  is,  that  when  the 
tax  is  levied  upon  the  district,  to  collect  the  amount  remaining  due  for 
teachers*  wages,  &c.,  the  amount  raised  in  the  smaller  in  proportion  to  its 
valuation  is  very  much  greater  than  in  the  larger  district. 

A  very  few  examples  may  be  introduced,  well  authenticated,  which  will 
more  completely  show  the  present  operation  of  the  system,  as  far  as  regards 
this  subject. 

In  Queens  county,  we  are  told  by  petitioners  from  there,  the  following  are 


296  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

the  amounts  of  taxable  property  in  several  of  the  towns,  the  number  of 
children,  and  the  amount  per  cent  paid  for  the  school  tax,  viz: 

Taxable  property  Scholars  tax 

Rosly-n    $160,000    over  200  has  to  raise  36^  on  $100 

Great  Neck   311,000    over  92  has  to  raise  12^  on     100 

Flower   Hill 195,000    over  98  has  to  raise  12^  on     100 

Cow  Bay  over  79  has  to  raise    4^  on     100 

Again :  in  Cortland  county,  in  one  district,  where  the  assessment  of  property 
is  about  $12,500,  it  has  been  found  necessary  to  keep  up  a  school  eight 
months,  to  raise  $67  on  the  taxable  property  of  the  district ;  while  on  the 
other  hand,  in  another  district  where  a  school  is  kept  ten  months,  with 
much  higher  wages  to  teachers  than  in  the  other,  they  have  to  raise  but 
$63,  by  a  district  tax,  upon  the  property  of  the  district,  which  is  assessed  at 
from  $100,000  to  $150,000. 

Again :  in  many  of  the  districts,  such  is  the  disparity  between  the  valua- 
tion and  number  of  children,  that  the  district,  where  it  receives  its  appor- 
tionment of  the  public  money,  receives  $10  to  $50  less  than  the  amount 
actually  paid  by  it  upon  the  tax. 

Other  instances  have  come  to  the  knowledge  of  your  committee,  but  we 
will  not  take  time  to  mention  them ;  those  we  have  given,  are  not  extreme 
ones,  or  such  as  rarely  occur;  from  the  nature  of  the  case,  they  must  be 
frequent  and  universal,  and  present  a  strong  argument  against  the  details, 
at  least  of  the  present  law. 

Another  objection,  and  one  which  goes  further  than  the  last,  is  that  it 
is  not  right  for  the  State  to  raise  money  by  a  tax,  for  this  purpose  to  any 
greater  extent  than  it  did  under  the  old  law.  The  objection  opposes  the 
present  system  of  taxation  itself,  without  regard  to  any  particular  inequality 
which  may  result  from  it.  In  regard  to  this  objection,  your  committee  are 
partially  apart.  In  one  view  of  the  case,  if  the  amoimt  could  be  raised  directly 
by  a  State  tax,  thej'  would  recommend  that  it  should  be  so  collected;  as 
that  can  not  be  done,  a  diversity  of  views  arises,  in  regard  to  the  practical 
operations  of  a  system  of  county  taxation,  in  lieu  of  a  State  one,  which  with 
other  matters  caused  us  to  disagree,  and  has  its  influence  in  preventing  us 
from  making  a  unanimous  report. 

Another  objection  to  the  law  is  the  power  conferred  in  the  third  section 
of  the  act,  which  leaves  it  in  the  power  of  the  districts  to  vote  down  the 
estimates  of  the  trustees,  and  in  effect,  to  prevent  the  school  from  being 
kept  longer  than  the  four  months  which  the  law  prescribes.  This  provision 
leaves  it  in  the  power  of  disaffected  individuals,  who  may  happen  to  obtain 
a  majority  in  their  district,  to  shut  up  their  school  for  eight  months  in 
the  year,  a  power  which  we  think  should  not  be  left  to  the  vacillating  mind 
or  excitement  of  a  public  meeting,  but  which  should  be  restored  to  the 
trustees,  who  are  freely  chosen  by  the  voters  of  the  district,  as  capable  and 
qualified  to  act  for  the  rest  in  the  entire  management  of  their  common 
schools,  or  else  be  definitely  fixed  by  the  legislature  itself.  Your  committee 
are  unanimously  of  the  opinion,  that  had  this  provision  been  left  out  of 
the  law  of  1849,  many  of  the  bad  defects  of  the  free  system,  would  have  been 
avoided,  and  there  would  be  more  harmony  in  our  common  school  operations 
than   now  exists.     The  practical  effect  of  the  provision  was   to  array  one 


FREE    SCHOOLS  297 

class  against  another,  and  create  divisions,  dissensions  and  ill  will  in  a  cause 
which  of  all  others,  should  receive  the  united,  hearty  and  cordial  support 
of  all. 

Another  objection,  and  one  to  which  we  have  before  referred,  is,  the 
operation  of  the  present  law,  in  diminishing  the  length  of  time  in  which  our 
common  schools  are  taught.  A  bare  reference  to  the  petitions  for  the  repeal 
of  the  law  will  abundantly  show,  that  this  objection  is  founded  upon  the 
truth.  It  is  a  lamentable  fact,  that  in  many,  and  your  committee  is  of  the 
opinion,  that  in  a  majority  of  the  districts  in  the  State,  either  no  school 
has  been  voted  or  that  the  trustees  are  tied  up  to  a  four,  five  or  six  month's 
school.  At  least  it  cannot  be  denied  or  disputed,  that  the  average  length  of 
time,  during  which  schools  will  be  taught  in  1850,  will  be  much  under  the 
average  of  1849,  or  of  any  of  the  preceding  years.  This  fact  should  have 
a  great  influence  upon  our  action.  It  is  our  duty,  our  imperative  duty,  to 
so  regulate  our  common  school  system,  that  our  schools  be  not  diminished 
in  usefulness,  or  shortened  in  their  terms,  and  if  our  laws  are  such  as  to 
diminish  their  usefulness,  in  any  respect,  or  to  close  them  up,  for  a  period 
when  the  interests  of  our  children  demand  they  should  be  open ;  then  we 
should  apply  a  corrective,  either  in  the  total  repeal  of  those  laws,  or  the 
enactment  of  such  amendments  as  will  accomplish  the  o^bject  desired.  We 
should  do  something  to  heal  this  difficulty,  and  to  bring  fcack  our  schools  to 
the  situation  which  they  occupied  but  a  few  short  months  ago,  from  which 
they  have  so  suddenly,  so  unfortunately  fallen. 

Many  other  objections  are  urged  by  your  numerous  petitioners,  for  which 
they  claim  that  the  law  should  be  repealed.  Time,  however,  will  not  permit 
us  to  do  farther  than  to  barely  refer  to  them.  It  is  claimed  that  it  is  not 
the  duty  of  the  government  to  support  common  schools  by  compulsory  taxa- 
tion ;  that  it  is  a  law  of  nature  that  a  parent  should  take  care  of  the  educa- 
tion of  his  children,  while  the  law,  in  effect,  takes  it  from  him  and  gives 
it  to  the  State ;  that  minors  are  taxed  for  their  property,  without  their  con- 
sent; that  old  men,  who  have,  by  their  industry,  accumulated  property  and 
educated  their  own  children  in  such  a  manner  as  they  thought  best,  are  now 
taxed  for  the  education  of  children  of  others ;  that  the  law,  though  intended 
for  the  benefit  of  the  poor  man,  works  against  him,  as  it  in  many  insta"Vices 
shuts  up  the  school  against  his  children  for  eight  months  in  the  year ;  that 
the  old  law  afforded  all  needed  help  to  the  poor,  and  was  a  voluntary,  while 
this  is  a  compulsory  one;  that  the  law  is  unconstitutional,  or  if  not,  is 
unjust  and  cannot  be  sustained;  that  it  helps  the  vicious  and  indolent  only; 
that  a  tax  might  as  well  be  levied  and  collected  for  the  'benefit  of  religious 
and  charitable  societies,  with  a  thousand  other  objections  which  we  will  not 
mention,  as  they  are  of  a  minor  character  and  should  not  have  a  controlling 
influence  in  a  matter  of  the  great  importance  which  this  possesses ;  and  in 
regard  to  the  objection  which  we  have  just  specified,  it  will  be  seen,  by 
a  glance,  that  many  are  equally  applicable  to  the  old  as  to  the  new  law,  and 
indeed,  if  valid  here,  would  be  equally  valid  against  taxation  for  any  pur- 
pose whatever. 

With  this  view  of  the  case,  your  committee  are  unanimously  of  the  opinion, 
that  something  should  be  done  to  relieve  those  who  are  really  suffering  under 
the  present  law,  to  relieve  the  interests  of  our  common  schools  from  the 


298  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

incubus  which  lays  upon  them.  Of  the  necessity  of  this,  there  can  be  no 
doubt;  the  difficulty  and  it  is  a  great  one,  is  to  apply  proper  and  appropriate 
means  for  the  accomplishment  of  the  object  so  ardently  desired.  In  common 
with  every  one,  we  have  but  one  wish,  one  aim  in  the  matter;  and  that  is, 
to  so  remedy  the  evils  under  which  we  are  now  laboring,  as  to  place  our 
common  schools  on  a  proper,  sure  and  lasting  basis,  a  basis  upon  which 
they  may  accomplish  their  mission  as  the  mental  and  moral  nurseries  of 
those  who  are  to  succeed  us. 

On  the  one  hand  a  majority  of  your  committee  have  come  to  the  conclusion 
that  the  law  can  be  so  amended  as  to  remove  the  difficulties  now  in  the 
way,  and  to  the  entire  satisfaction  of  the  people.  On  the  other  hand,  the 
minority  after  giving  the  subject  as  careful  and  attentive  a  consideration  as 
they  can  do,  have  not  been  able  to  acquiesce  in  this  conclusion,  and,  accord- 
ingly, must  dissent  therefrom.  Believing  as  the  majority  does,  that  the 
law  can  be  properly  amended,  they  have  prepared,  and  herewith  submit, 
a  bill  for  that  purpose.  Its  provisions  are  brief,  but  such  as  they  think 
calculated  to  remove  all  just  grounds  of  complaints,  and  to  restore  our 
common  schools  to  their  former  high  standing  and  prosperity,  and  also 
open  and  free  to  all.  They  have  thought  it  their  duty,  in  view  of  the 
overwhelming  majority  in  favor  of  free  schools,  at  the  last  election,  to 
amend  the  law,  rather  than  repeal;  to  cure  its  infirmities  rather  thau  to 
take  away  its  existence.  They  do  not  pretend  or  imagine  that,  even  with 
these  amendments,  it  will  be  a  perfect  law ;  but  they  cannot  but  think, 
that  it  will  be  greatly  improved  'by  them,  that  our  people  will  be  satisfied, 
and  wait  for  time  and  experience,  and  future  legislation  to  make  such 
further  amendments  as  may  be   found  necessary. 

The  main  features  of  the  amendments  proposed  by  the  majority  of  your 
committee,  with  the  reasons  for  them,  may  be  here  briefl}'  stated. 

Carrying  out  the  principle  laid  down  in  the  former  part  of  this  report, 
that  the  property  of  the  State  should  pay  for  the  common  school  education 
of  its  children,  and  realizing  the  great  inequality  which  now  exists  in  the 
necessity  for  raising  so  much  from  the  districts,  your  committee  have  pro- 
posed to  raise  an  additional  amount  by  direct  taxation :  were  it  possible, 
unoer  the  provisions  of  the  Constitution,  they  would  recommend  that  this 
be  a  State  tax;  as  it  is  not,  they  have  adopted  the  next  best  plan,  and 
propose  to  raise  the  additional  sum  by  direct  taxation  upon  the  respective 
counties;  they  accordingly  provide,  in  the  second  section  of  their  bill,  that 
there  shall  be  levied  upon  the  counties  a  sum  amounting  to  twice  that 
received  from  the  State,  instead  of  an  equal  sum,  as  now,  and  the  same 
upon  the  towns  as  under  the  present  law.  They  also  provide  in  section  10 
of  their  bill,  that  the  library  money  may  be  also  applied  for  the  support  of 
teachers'  wages,  if  a  majority  of  the  legal  voters  of  the  district  shall  so 
direct.  By  a  calculation  based  upon  the  public  and  other  moneys  of  the 
past  year,  and  the  current  expenses  for  teachers'  wages  &c.,  during  the  same 
time  it  is  found  that,  if  the  public  moneys  are  the  same  this  year  as  that, 
and  teachers'  wages,  &c.,  also  the  same,  the  additional  sum  now  proposed 
to  be  raised  on  the  counties,  joined  to  the  library  money,  will  so  nearly 
pay  all  the  usual  common  school  expenses  of  the  year  as  to  leave  but  an 
average  sum  of  three  dollars  to  be  raised  in  each  district  of  the  State  — 


FREE   SCHOOLS  299 

a  sum  really  trifling  and  unimportant.  But  your  committee  are  aware  that 
according  to  the  present  system  of  apportioning  the  public  moneys  among 
the  several  districts,  if  this  additional  sum  which  they  propose  is  raised, 
some  districts  will  receive  much  more  than  they  may  need,  even  to  keep 
up  a  school  during  the  whole  year;  while  the  poorer  districts,  those  which 
most  need  help,  will  receive  but  a  comparatively  small  pittance,  and  will 
languish  under  the  burthens  of  taxation,  and,  as  a  necessary  consequence, 
will  gradually  become  extinct,  or  their  schools  useless. 

To  prevent  this  consequence,  your  committee  have  proposed,  in  the  fifth 
section  of  their  bill,  to  introduce  an  entirely  new  system  of  apportionment, 
and  one  which  they  think  will,  at  the  first  glance,  commend  itself  to  the 
approbation  of  everyone.  By  its  provisions,  two-fifths  of  the  public  money 
of  the  town,  applicable  to  teachers'  wages,  are  to  be  equally  divided  among 
its  several  districts,  and  the  remainder  in  proportion  to  the  number  of 
children  in  the  districts  attending  school  for  four  months  or  more  during 
the  preceding  year.  The  advantages  of  this  proposition  are,  that  it  will  give 
a  greater  proportionate  amount  of  money  to  the  smaller  and  poorer  dis- 
tricts, and  thereby  lessen  their  burthens,  while,  at  the  same  time,  by  divid- 
ing a  certain  share  of  the  money,  in  a  proportion  based  upon  the  number 
of  scholars  actually  attending  school,  it  will  ofTer  to  parents  and  others 
an  inducement  to  get  all  their  children  into  their  schools,  as  the  more  in 
actual  attendance,  the  more  the  district  receives  of  the  bounty  of  the  State. 
By  this  section,  then,  we  aim  to  make  a  more  perfect  distribution  of  our 
public  money,  and  to  call  a  greater  number  into  attendance  as  pupils  in  our 
common  schools;  results  which  should  be  desired  by  everjone  —  w-hich 
no  one  will  oppose. 

Experience  has  shown  that  the  present  provision  requiring  schools  to  be 
kept  only  four  months  in  each  year,- is  much  too  short;  and  your  com- 
mittee have  therefore,  after  much  thought  and  deliberation,  concluded  to 
require  that  they  shall  be  kept  at  least  eight  months  in  the  year,  or  be 
debarred  from  a  participation  in  the  public  moneys.  As  this,  however, 
might  sometimes  work  injustice,  they  have  given  to  the  town  superin- 
tendent authority  to  lessen  this  time,  for  a  proper  cause  to  be  shown  him. 
This  provision,  with  its  guard,  the  majority  think  a  good  one,  and  one 
which  will  have  a  beneficial  effect ;  they  therefore  most  cordially  recommend 
it  for  your  adoption. 

Another  feature  of  their  proposed  bill,  and  one  which  not  only  the 
majority,  but  the  minority  of  your  committee  also,  think  an  important 
and  salutary  one,  is,  that  they  propose  to  strike  out  the  third  and  fifth 
sections  of  the  present  free  school  act.  We  have  before  referred  to  these 
sections,  as  containing  some  of  the  most  objectionable  features  of  the 
present  law,  as  they  have  put  it  in  the  power  of  a  majority  of  each  district 
to  reduce  the  time  their  schools  are  kept  to  a  ver>-  small  one,  and  one 
much  too  limited  for  the  best  interests  of  their  children.  But  they  have 
done  more  than  this ;  their  practical  operation  has  sown  dissension  and 
discord  in  many  a  district,  where  before  were  peace  and  harmony,  and 
inflicted  a  wound  upon  the  cause  of  popular  education  by  estranging  those 
who  were  formerly  friends,  which,  under  the  most  skilful  management,  it 
will  take  years  to  heal.     Your  committee,  thinking  it  better  to  entirely  take 


300  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

this  power  from  the  vacillating  opinions  and  views  of  a  district  meeting, 
have  struck  those  sections  from  their  proposed  bill,  and,  as  before  remarked, 
fixed  the  time  by  statute  in  which  schools  are  to  be  kept,  subject  to  ncces- 
saiy  alterations  by  the  town  superintendent. 

The  majority  of  your  committee  have  proposed  other  amendments;  as. 
if  schools  are  kept  longer  than  eight  months,  that  any  sum  to  be  raised 
for  the  increased  time,  shall  be  collected  by  a  rate  bill ;  that  each  district 
may  direct  how  the  fuel  shall  be  procured,  and  how  the  teacher  boarded; 
that  the  expenses  of  the  districts  shall  not  exceed  a  certain  sum ;  with 
others,  the  necessity  or  object  of  which  will  be  apparent  without  any 
explanation  on  our  part,  and  we,  therefore,  leave  them  without  any  further 
remark,  respectfully  submitting  them  for  the  approval,  or,  at  least,  for 
the  kind  and  favorable  consideration  of  the  House. 

In  preparing  these  amendments  they  have  had  much  trouble  and  difficulty. 
The  field  is  a  new  one,  and  it  must  remain  for  actual  experiment  to  test 
the  utility  or  the  inutility  of  the  bill  they  have  framed.  That  it  will,  if 
passed,  be  of  benefit  to  our  common  schools,  and  harmonize  the  conflicting 
feelings  now  existing,  is  their  sincere  belief,  and  they,  accordingly,  as  sincerely 
desire  that  it  may  be  adopted. 

It  is  with  much  diffidence  and  embarrassment  that  the  minority  of  your 
committee  has  felt  itself  compelled  to  dissent  from  the  conclusions  of  the 
majoritj-.  In  doing  so,  they  are  governed  by  a  sincere  desire  to  act  only  for 
the  best  interests  of  our  common  schools,  and  to  restore  them  to  their  former 
high  standing,  their  former  usefulness,  and  their  former  position  in  the 
regards  of  our  people.  The  subject  is  a  delicate  one;  it  is  one  of  the  utmost 
importance,  and  we  would  not  rashly  propose  to  go  back,  for  the  present, 
at  least,  to  our  former  system.  We,  however,  are  constrained  to  think, 
that  in  the  present  crisis,  no  other  course  is  open  before  us ;  that  no  other 
plan  will  satisfy  our  people,  or  remove  the  deep  and  all  pervading  feeling 
of  hostilitj'  which  exists  against  our  present  law ;  that  amend  it  as  we 
may,  it  will  still  be  the  system  of  which  they  so  heartily  disapprove  now, 
of  which,  we  fear,  they  would  as  heartily  disapprove  hereafter. 

It  is  beyond  a  doubt,  that  the  people  do  disapprove  of  the  details,  at 
least  of  the  present  law.  Its  operation  has  had  a  withering  and  blasting, 
effect.  Is  it  not  then,  reasonable  to  believe,  that,  although  the  law  be 
amended,  and  its  more  repulsive  provisions  stricken  out,  if  it  still  retain 
any  of  its  old  features,  it  will,  notwithstanding  all  its  amendments,  be 
unpopular  with  the  people.  We  think  that  it  is ;  and,  thinking  so,  cannot 
turn  a  deaf  ear  to  the  thousands  of  petitioners,  who  have  asked  its  uncondi- 
tional repeal.  They  ask  this,  that  they  may  return  for  the  present,  at  least; 
to  their  old  and  well-tried  system,  well  satisfied  as  they  are,  that  it  is  not 
always  well  to  change  from  a  good  and  available  plan  to  one  untried  and 
unknown.  The  free  school  system  promised  well ;  the  name  had  in  it  a 
charm;  it  was  pleasant  to  the  ear  of  the  poor  man;  it  sounded  musically 
to  him  as  he  thought  of  the  benefits  it  would  confer  on  his  children  around 
him;  the  man  of  moderate  means  and  the  one  of  wealth  were  as  charmed  as 
he;  all  thought  not  of  its  possible  evils,  but  they  looked  only  at  its  probable 
benefits,  and  the  good  it  had  done  in  the  crowded  city;  and  the  result  was, 
that  a  majority,  counting  by  its  hundred  and  tens  of   thousands,  spoke  in 


FREE   SCHOOLS  3OI 

favor  of  the  law.  A  few  months  only,  and  the  feeling  is  changed;  the 
poor  man  finds,  as  the  law  commences  its  workings,  that  his  children  are 
deprived  even  of  a  part  of  their  former  privileges,  for  the  school  house 
door  is  now  closed  at  times  when  it  was  opened  before,  and  there  are 
stern  feelings  rising  in  the  breast  of  the  rich  man  against  him.  as  one  of 
whose  children  he  is  obliged  to  educate  by  compulsion,  which  he  is  loth 
to  do;  the  man  of  moderate  wealth,  the  man  of  great  wealth,  and  the  one 
who  has  educated  his  own  family  according  to  the  means  with  which 
he  was  blessed,  now  find  their  taxes  increased,  their  poor  neighbors  edu- 
cating their  children  upon  the  funds  the  law  has  wrung  from  them ;  and 
they  imbibe  a  stern  prejudice  against  it  in  all  its  aspects,  provisions  and 
features.  The  minority  are  constrained  to  believe,  that  amend  that  law 
as  we  may,  it  will  be  looked  upon  with  an  unfavorable  eye,  and  regarded  by 
all  with  unconquerable  feelings  of  aversion. 

But  the  minority  of  your  committee  leaving,  for  the  present,  their  general 
objections  to  the  proposed  amendments,  and  to  which  they  propose  to  again 
refer  before  they  conclude,  have  some  serious  objections  to  several  of  the 
particular  amendments  which  are  proposed  in  the  bill  submitted  by  the 
majority,  and  they  wish,  as  briefly  as  may  be,  to  refer  to  them. 

One  of  the  sections  of  the  bill  so  proposed,  provides,  that  the  library 
money  may,  in  the  discretion  of  the  voters  in  the  district,  be  applied  for 
the  payment  of  teachers'  wages.  To  this  proposition,  your  minority  can 
never  agree.  The  library  fund  should  be  a  sacred  one,  never  to  be  diverted. 
It  does  not  now.  nor  did  it  ever,  belong  to  the  Common  School  Fund;  and 
that  fund  has  no  right  to  it,  more  than  it  has  to  any  other  of  the  funds  of 
the  State:  If  given  then,  to  that  fund,  as  it  practically  is,  under  the  pro- 
visions of  this  section,  it  is  given  without  consideration,  and  to  the  destruc- 
tion of  one  of  the  most  valuable  and  important  of  all  our  common  school 
interests.  We  do  not  claim  that  our  library  system  is  perfect;  or  that  it 
has,  in  all  respects  worked  according  to  the  intentions  of  its  originators ; 
but  we  do  claim  in  all  sincerity  that  it  has  done  and  is  doing,  an  incal- 
culable amount  of  good,  an  amount  not  yet  fully  perceived,  but  which  after 
years  will  more  completely  and  satisfactorily  develop.  Who  can  estimate 
the  value  of  the  influence  it  exerts  in  giving  our  young  men  a  taste  for 
reading?  Who  can  tell  the  amount  of  its  influence  in  forming  the  youthful 
mind?  Who  can  now,  or  ever,  sum  up  all  its  benefits?  However  con- 
venient or  proper,  then,  it  might  be  in  individual  instances,  to  apply  this  fund 
to  the  support  of  common  schools,  (and  such  cases  there  are)  your  minority 
cannot  consent  that  it  be  diverted  from  its  original  purpose.  The  system 
is  now  defective;  granted;  shall  we  then  away  with  it?  No!  the  defects 
are  not  inherent  in  the  system  itself;  let  us  then  remove  and  remed\'  these 
defects,  but  preserve  the  rest. 

Another  feature  of  the  proposed  bill  to  which  the  minority  cannot  assent 
is  the  provision,  that  if  schools  are  kept  for  a  longer  time  than  eight 
months  in  the  year,  the  deficiency  shall  be  raised,  as  formerly  by  a  rate- 
bill.  This,  in  point  of  principle,  though  it  may  not  be  of  great  practical 
importance,  your  minority  deem  very  objectionable.  If  there  is  anything 
in  the  free  school  principle,  then  this  provision  is  wrong;  if  there  is  not, 
then  there  is  no  reason  why  we  should  not  immediately  return  to  the  old 


302  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

rale-bill  system,  and  no  necessity  for  a  free  school  law,  or  these  great  and 
extensive  increases  of  taxation  which  the  majority  bill  proposes. 

Another  objectionable  view  of  the  case  is,  that  the  taxation  proposed 
by  the  majority  will  be  very  unequal.  It  may  not  be  as  unequal  as  now, 
for  the  greater  part  of  that  which  the  present  law  raises  in  the  several 
districts  will  he  levied  on  the  country.  But  it  must  be  obvious,  that  even 
to  raise  the  lax  in  this  manner  great  inequalitj-  of  taxation  must  ensue.  The 
relative  number  of  children  and  amount  of  taxable  property  in  the  several 
counties  is  very  far  from  being  uniform;  the  same  property  is  assessed  at 
different  rates  in  different  counties,  and  most  of  all,  under  our  present 
assessment  laws,  property  owned  in  one  county  is  frequently  taxed  in 
another.  This  is  particularly  the  case  in  some  of  the  interior  counties;  the 
surplus  property  of  men  of  wealth  in  several  of  these  is  invested  in  banks, 
railroad  stock,  incorporated  companies  for  manufacturing  purposes,  etc., 
etc.  in  other  counties  than  their  own ;  and  however  proper  it  may  be,  in 
ordinary  cases,  for  that  property  to  be  taxed  in  the  county  in  which  it  is 
invested,  we  think  it  would  be  unjust  in  a  tax  such  as  this  bill  proposes.  If 
the  property  of  the  county  is  to  be  taxed  for  the  benefit  of  the  common, 
schools  therein,  then  all  the  property  owned  in  the  county  should  then  be 
taxed,  else  great  inequality  and  positive  injustice  must  arise,  in  one  county 
being  deprived  of  its  fair  share  of  capital  to  the  benefit  of  another. 

Indeed,  the  minority  of  your  committee  think  that  in  the  absence  of  power 
to  provide  for  the  support  of  our  common  schools  by  a  State  tax,  there  is 
no  system  of  taxation  that  can  be  devised  proposing  to  raise  all  the  funds 
necessary  by  a  direct  tax  aside  from  rate  bills,  that  can  operate  otherwise 
than  in  an  unequal  and  unjust  manner. 

There  may  be  other  objections  to  particular  provisions  in  the  proposed 
bill,  but  the  minority,  leaving  them,  will  return  to  others  of  a  more  general 
character. 

We  think  that,  in  theory  at  least,  it  is  proposed  to  raise  too  much  by 
general  taxation.  Upon  this  point  the  minority  would  speak  with  great 
diffidence,  and  all  due  regard  for  the  opinions  of  those  who  think  differently 
than  we  do.  But  this  is  a  question  of  vital  consequence,  and  one  to  which 
we  should  all  earnestly  look.  The  State,  as  we  have  before  affirmed, 
should  provide  the  means  for  the  common  school  education  of  all  its  chil- 
dren. The  property  of  the  State  in  a  "fair,  just  and  equal  proportion" 
according  to  the  different  interests  different  persons  may  have  in  the  sub- 
ject, or  the  more  immediate  or  remote  benefits  they  may  derive,  should  be 
made  to  support  our  schools  founded  for  the  general  good  of  all  our 
children.  The  difficulty  is  to  determine  what  is  ithis  "  fair,  just  and  equal 
proportion."  Upon  this  question  the  minority  may  well  hesitate  in  giving 
an  opinion,  for  it  is  one  of  great  doubt,  and,  we  had  almost  said,  one 
impossible  to  answer.  They  however  cannot  help  recognizing  the  princi- 
ple, that  there  are  two  classes  of  persons  who  are  interested  in  our  common 
schools:  those  who  send  to  them  and  who  are  directly,  and  those  who  do 
not  and  who  are  but  indirectly,  interested  in  the  subject.  If  this  distinc- 
tion is  a  correct  one,  then  a  result  seems  lo  follow,  which  is,  that  those 
who  are  directly  interested  should  bear  a  greater  proportion  of  the  burden 
than  those  who  are  but  indirectly  so,  for  the  reason  that  while,  like  the 
others,  as  members  of  the  State,  they  have  an  indirect  interest;  as  patrons 


FREE   SCHOOLS  3O3 

of  the  schools,  as  parents  of  the  pupils  there  being  educated,  they  have,  in 
addition  to  that  indirect  interest,  a  direct  one  also. 

V\'e  therefore  come  to  the  conclusion,  that  while  the  property  of  State 
should  bear  a  proportionate  share  of  the  expense  of  our  schools,  those  who 
send  to  them  should  also  do  the  same;  though  this  may  not  be  an  universal 
principle,  or  always  a  controlling  one. 

This  principle  has  been  approved  by  others  before  us.  In  1846,  N.  S. 
Benton,  in  his  annual  report  to  the  Legislature  as  State  Superintendent, 
uses  the  following  language :  "  The  State  will  have  discharged  its  dutj* 
when  means  sufficiently  ample  are  provided  to  susitain  our  educational 
institutions,  without  rendering  individual  contributions  either  burdensome  or 
vexatious."  That  in  his  opinion  the  State  had  already  discharged  this 
duty,  is  evident;  for  in  a  former  part  of  the  same  report,  after  speaking 
of  the  law  as  it  then  was  in  this  respect,  and  the  bountiful  provisions  it  had 
made,  he  concludes  that  "  by  these  beneficent  provisions,  the  child  of  penury 
and  the  destitute  orphans  have  been  provided  with  ample  means  of  instruc- 
tion, and  it  now  becomes  a  question  of  grave  inquiry-  whether  this  law  is 
faithfully  and  benignly  executed,"  was  one  of  the  principle  reasons  why  a 
resort  to  the  free  school  system  was  first  proposed  and  recommended  to  our 
people. 

Another  view  of  this  subject  is,  that  parents,  if  they  are  directly  taxed 
for  the  support  of  their  schools,  will  naturally  feel  more  interested  in  them, 
than  if  all  the  money  comes  from  a  general  fund  to  which  they  have  con- 
tributed, it  is  true,  but  only  in  an  indirect  manner.  It  is  their  school; 
they  pay  for  it ;  they  have  a  direct  interest  in  it.  This  view  is  also  sustained 
by  others;  Chancellor  Kent,  (Com.  vol.  2,  p.  196,  n.  a.)  speaking  of  this  sub- 
ject, says,  "  Common  school  establishments  and  education  ought  to  rest  in 
part  upon  local  assessment,  and  to  be  sustained  and  enforced  by  law  accord- 
ing to  the  New  "England  policy.  That  which  costs  nothing,  is  lightly  esti- 
mated, and  people  generally,  will  not  take  or  feel  much  interest  in  common 
schools,  unless  they  are  taxed  for  their  support."  The  Hon.  John  C.  Spencer, 
also,  in  his  annual  report  as  State  Superintendent  in  1840,  makes  use  of  simi- 
lar language,  which  we  trust  we  shall  be  pardoned  for  quoting  in  extenso,  as 
it  is  so  clear,  lucid,  and  directly  to  the  purpose.  He  says,  "  While  public 
beneficence  is  bestowed  in  such  a  degree  as  to  stimulate  individual  enter- 
prise, it  performs  its  proper  office ;  when  it  exceeds  that  limit,  it  tempts 
to  reliance  upon  its  aid,  and  necessarily  relaxes  the  exertions  of  those  who 
receive  it.  The  spirit  of  our  institutions  is  hostile  to  such  dependence;  it 
requires  that  the  citizens  should  exercise  a  constant  vigilance  over  their  own 
institutions  as  the  surest  means  of  preserving  them.  A  direct  pecuniary 
contribution  to  the  maintenance  of  schools  identifies  them  with  the  feelings 
of  the  people,  and  secures  their  faithful  and  economical  management.  A 
reference  to  the  free  schools  and  other  institutions  of  learning  in  England, 
which  have  been  over-loaded  by  endowments,  will  exhibit  not  only  the 
jobbing  speculation  which  has  perverted  them  from  the  noble  object  for 
which  they  were  designed,  but  will  show  that  when  the  government  and 
wealthy  individuals  have  contributed  the  most,  the  people  have  done  the 
least,  either  in  money  or  effort;  and  that,  instead  of  being  nurseries  of 
education  for  the  whole,  they  have  been  almost  exclusively  appropriated 
to  the  benefit  of  the  few.    The  consequence  has  been,  that  while  some  most 


304  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

accomplished  scholars  have  been  produced,  the  education  of  the  mass  has 
been  neglected.  These  schools  were  not  of  the  people;  they  did  not  estab- 
lish them,  nor  did  thcj'  contribute  to  their  support ;  and  of  course  they 
regarded  them  as  things  in  which  they  had  little  or  no  interest. 

"  In  the  State  of  Connecticut,  the  large  endowment  of  the  public  schools 
produced  lassitude  and  neglect,  and  in  many  instances  the  funds  were  per- 
verted to  other  purposes,  to  such  an  extent,  that  an  entire  change  in  the 
system  became  necessary.  In  the  cities  where  there  are  large  numbers, 
who  would  not  be  instructed  at  all,  if  free  schools  were  not  provided,  the 
evil  must  be  encouraged  as  being  less  in  degree  than  that  of  total  ignorance. 
But  in  countr>-  districts  such  destitution  rarely  exists,  and  when  it  does?, 
provision  is  made  by  law  for  gratuitous  instiuction  in  each  particular  case." 

To  this  quotation  it  is  not  necessary  for  us  to  add  a  word;  if  it  was  true 
in  1840,  it  is  equally  so  in  1850. 

Again,  another  objection  is,  that  the  law  is  compulsory;  the  money  is 
collected  by  a  peremptory  tax;  no  provision  is  made  for  the  inhabitants  of  a 
district  to  exempt  and  pay  for  the  education  of  a  poor  man's  family,  living 
in  their  midst;  the  strong  arm  of  the  law  says  they  must  do  it.  We  grant, 
that  to  a  certain  extent  the  money  should  be  raised  as  is  proposed  by  this 
bill ;  but  we  think  that  all  of  it  should  not  be  raised  in  this  manner.  Such 
is  also  the  opinion  of  John  A.  Dix,  who  in  his  report  as  State  Superintend- 
ent in  1838,  used  the  following  language :  "  The  common  school  system  of 
this  State  has  been  carried  to  its  present  high  degree  of  excellence,  princi- 
pally by  persuasion,  by  appeals  to  the  interest  of  the  inhabitants  of  school 
districts;  and  it  is  believed  that  the  improvements  of  which  schools  are 
susceptible,  may  be  secured  by  a  continuation  of  the  same  policy.  To  change 
a  system  of  measures  which  has  worked  so  well,  for  compulsory  ENACT- 
MENTS, would  be  unwise;  nor  is  it  deemed  advisable  to  impose  on  the 
inhabitants  of  school  districts  any  further  burdens,  unless  the  measure  is 
accompanied  by  an  additional   contribution  of   pecuniary  aid." 

The  law  is  not  only  compulsory  in  its  taxation,  but  it  is  also  so  in  regard 
to  the  length  of  time  during  which  our  schools  shall  be  taught.  This  is 
found  a  necessary  provision  in  the  proposed  bill,  and  to  the  minority  it  speaks 
volumes  against  it.  Under  the  old  law,  which  required  a  four  months  school 
only,  the  average  throughout  the  State  was  one  of  eight  months.  A  change 
is  made,  and  a  compulsory  system  is  adopted  in  place  of  a  voluntary  one, 
and  even  with  the  amendments,  which  are  to  make  way  with  and  remove 
all  objections,  it  is  found  necessary,  from  fear  that  the  term  will  be  shortened, 
to  require,  absolutely  that  an  eight  months  school  shall  be  kept,  or  the  public 
monej'  will  be  withheld.  Before,  such  a  school  was  willingly  kept.  Does 
it  not  argue  that  "  there's  something  rotten  in  Denmark,"  some  serious 
defect  in  a  system  which  finds  it  necessary  to  prescribe  a  longer  term 
than  before?  It  seems  to  us  that  it  does.  Give  the  people  such  a  law  as 
they  approve,  and,  our  word  for  it,  their  own  interest  will  prompt  them  to 
keep  up  their  schools  for  a  reasonable  and  proper  length  of  time. 

Another  objection  we  have  against  the  bill,  is  the  great  increase  of  taxation 
which  will  result  if  it  is  passed.  Taking  the  amount  the  past  year  paid  from 
the  common  school  fund,  as  an  average  amount  for  succeeding  years,  and 
it  will  be  seen  that  that  sum  being  $285,000,  the  counties  will  raise  twice 
that  amount,  that  is,  $570,000,  and  the  towns  the  half  of  that  being  another 


FREE   SCHOOLS  305 

$285,000;  thus  making  the  g^ross  amount  of  town  and  county  taxes  each  year, 
$885,000,  being  $570,000  more  than  under  the  old  law.  Now,  under  the  old 
law,  the  deficiency  to  be  raised  by  taxation  was  raised  by  rate-bills,  and  the 
amount  was  willingly  paid  bj'  those  sending  to  school.  This  fact  we  all 
know;  the  proposition  is  to  raise  it  by  a  county  tax.  The  minority  has 
already  given  its  opinion,  that  this  will  work  unequally  and  unjustly;  they 
have  now  to  add,  that  in  their  opinion,  it  will  be  met  with  the  decided 
disapprobation  of  our  taxpayers.  Their  petitions  show  that  they  complain 
of  the  great  increase  of  taxes ;  that  the  real  estate  of  the  land  is  already 
over-burthened ;  that  it  will  operate  unequally  and  oppressively  upon  tenants, 
mortgagors,  or  purchasers  by  contract  of  land;  that  a  poor  man,  owning  a 
small  farm,  his  own  children  educated  already,  will  have  to  contribute  to 
the  education  of  the  children  of  his  wealth}-  neighbor:  all  these,  and  other 
complaints  are  made,  and  this  minority  cannot  but  think  with  some  justice 
also.  But  we  base  an  objection  upon  another  ground  still :  admitting,  as  they 
may  safely  do,  that,  in  the  abstract,  it  were  just  to  impose  this  additional  tax, 
still  it  would  be  unwise  and  impolitic  to  do  it,  from  the  general  disappro- 
bation with  which  it  would  be  regarded.  It  cannot  be  doubted  that  great 
opposition  will  be  made  to  such  a  tax,  and  that  the  system  which  requires 
it,  will  be  viewed  with  a  general  disfavor^  and  repugnance.  If  this  is  so, 
the  law  cannot  have  a  good  effect ;  our  common  schools  cannot  prosper. 
To  flourish,  they  must  be  established  in  the  affections  of  our  people;  they 
must  not  be  met  with  opposition,  or  ill-will,  our  districts  must  not  be  the 
arenas  of  personal  strife,  and  animosities;  for  as  surely  as  they  are,  so 
surely  will  the  cause  of  popular  education  languish  to  decay;  so  surely  will 
rank  grass  and  weeds  grow  around  our  school-house  doors,  so  surely  will 
our  common  school  system  be  numbered  "  among  the  things  that  were,"  being 
wounded  and  killed  by  the  lavish  kindness  of  its  friends.  From  such  a 
result  may  we  be  mercifully  spared. 

Other  objections  throng  to  our  minds,  "  thick  as  leaves  in  Vallambrosa," 
but  we  forbear  to  mention  them.  Enough,  it  seems  to  us,  has  been  said,  and 
we  therefore  leave  this  part  of  the  subject,  with  the  remark  that  these  reasons 
have  influenced  us  to  think  that  the  present  law  should  be  unconditionally 
repealed.  To  this  conclusion  we  have  come  with  great  reluctance;  but  it  is 
one  from  which  our  better  convictions,  our  sincere  desire  for  the  prosperity 
of  our  common  schools,  will  not  permit  us  to  escape.  If  we  err,  it  is 
not  from  the  heart. 

But  we  are  asked.  Are  you  opposed  to  free  schools?  Our  answer  is  an 
emphatic  negative.  Our  common  schools  should  and  must  be  free;  but  we 
are  not  of  the  opinioin  that  the  present  law  makes  them  so,  however  it  may 
be  named ;  or  rather,  that  the  principle  of  the  present  law  is  no  more  a  free 
school  one,  than  was  the  principle  of  the  former.  Under  each  system  no  one 
was  excluded ;  every  one  could  then,  as  every  one  now,  find  an  open  door, 
and  a  teacher  to  educate  him.  The  only  real  difference  in  the  two  (there 
being  practically  an  apparent  one.  in  the  looseness  of  the  exemption  under 
the  old  system,)  is  that  in  the  one,  the  money  was  raised  by  a  rate-bill,  in 
the  other  by  a  direct  tax;  in  each  instance  the  property  of  the  district  pays 
the  amount,  though  in  different  proportions.  Both,  then,  may  be  called  free- 
school  systems,  if  we  correctly  understand  the  term,  and  apply  it  to  a  system 
which  provides  that  a  certain  amount  shall  be  raised  by  a  tax,  (and  it  must 

20 


306  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

be  immaterial  upon  what  principle  that  tax  is  levied)  and  then  all  children 
shall  share  in  its  benefits. 

But  we  opine,  that  a  free  school  system,  as  the  people  now  understand 
it,  as  they  understood  it  at  our  last  election,  means  something  different  from 
this,  that  it  means  one  which  is  sustained  directly  by  the  State,  without 
any  individual  taxation  whatever,  except  in  a  small  degree,  as  we  will 
presently  mention.  Such  a  system,  the  minority  are  desirous  of  having. 
At  the  present  it  may  be  an  impossibility ;  but  "  there's  a  good  time  coming," 
and  we  hope,  at  a  day  not  far  distant,  that  a  system  like  this  will  be  ours. 

But  for  the  present,  the  minority  of  your  committee  think  that  there  is  no 
other  course  for  us  to  adopt,  but  to  return  to  the  old  rate-bill  system.  They 
have  endeavored  to  examine  the  subject  in  all  its  bearings  and  aspects,  and 
the  more  they  look  at  it,  the  more  are  they  convinced  that  this  is  the  only 
available  plan,  the  only  one  which  can  bring  aibout  the  results  we  all  so 
ardently  desire. 

The  minority  would  not  be  understood  in  any  part  of  their  argument,  to 
take  decisive  grounds  against  the  support  of  our  common  schools  by  the 
bounty  of  the  State.  But  they  do  think,  judging  from  the  experience  of 
Connecticut,  and  for  the  additional  reasons  mentioned  in  the  extracts  which 
we  have  just  made,  that  it  will  never  be  wise  to  entirely  dispense  with  the 
rate-bill  system.  We,  as  just  mentioned,  are  in  favor  of  a  free  school  law, 
by  which  the  State  shall  furnish  all  the  means,  except  a  very  small  portion, 
to  be  raised  in  a  proper  manner  from  those  sending  to  school.  But  the 
minority  also  think  it  not  well,  to  pass  from  the  rate-bill  system  to  this, 
with  too  great  rapidity.  It  should  be  a  gradual  change,  and  one  for  which 
the  people  will  all  be  prepared ;  which  will  not  come  upon  them  unawares,  but 
which  is  foreseen,  expected  and  desired.  Through  such  a  change  we  are  now 
passing.  By  the  provisions  of  our  constitution,  the  sum  of  $25,000  is  annually 
added  to  our  common  school  fund;  from  the  silent  operations  of  this 
gradual  increase,  year  after  year  the  fund  is  enlarged,  and  year  after  year 
a  greater  sum  is  divided  among  our  schools.  In  four  years,  one  hundred 
thousand  are  added  to  the  fund;  the  interest  of  that  is  divided  among  the 
towns,  they  raising  a  corresponding  sum,  and  thus  we  find  our  capital,  in 
effect,  every  fourth  year  increased  $200,000.  Nor  is  this  all;  large  quantities 
of  land  belonging  to  the  State,  and  which  have  been  totally  unproductive,  are 
a  part  of  our  common  school  fund.  It  is  a  source  of  gratulation  to  every 
one,  that  these  lands  are  now  becoming  productive,  and  will  undoubtedly,  in 
a  few  years,  yield  a  large  increase,  to  be  added  to  the  productive  capital  of 
that  fund.  Especially  is  this  the  case,  in  respect  to  the  lands  in  Essex, 
Hamilton  and  other  northern  counties.  With  a  commendable  liberality,  the 
State  has  lately  made,  and  is  even  now  making,  appropriations  for  the 
improvement  of  that  part  of  her  possessions,  the  effect  of  which  will  be,  to 
improve  those  wild  regions,  and  as  a  natural  consequence,  to  increase  the 
value  to  a  surprising  amount,  of  the  lands  there  which  she  owns.  Not  only 
their  nominal  but  their  actual  value  also  will  be  increased,  and  large  additions, 
from  their  sales,  must  be  made  to  the  common  school  fund. 


FREE   SCHOOLS  307 

The  effect  of  all  this  will  be,  that  in  a  few  years  from  these  and  other 
sources,  a  fund  will  be  raised,  the  annual  income  of  which  will  be  sufficient 
for  the  entire  support  of  our  common  schools;  then  they  will  be  free  indeed; 
they  will  be  so  practically  and  truly;  unequal  taxation  will  be  unknown; 
complaints  will  be  merged  into  blessings  and  we  will  have  the  best,  yea,  as 
we  have  already  had  the  very  best  system  of  common  school  education  in  the 
world.    For  that  time,  let  us  all  devoutly  hope ! 

But  it  may  be  said,  that  we  are  abandoning  the  position  taken,  that  the 
rate  bill  system  should  not  be  entirely  laid  aside.  To  this  we  answer,  that 
from  the  gradual  increase  of  this  fund,  our  people  will  become  habituated 
to  the  free-school  plan;  gradualli',  yet  surely,  it  will  take  the  place  of  the  other; 
and  then  if  it  works,  as  the  same  plan  did  in  Connecticut,  to  diminish  the 
influence  and  beneficial  effects  of  our  schools,  by  diminishing  the  interest 
of  the  people  in  them,  a  corrective  may  easily  be  applied,  and  the  danger 
avoided. 

But  your  committee,  will  bring  their  report,  already  too  extended,  to  a 
close.  They  have  endeavored  to  show  the  necessity  and  importance  of  a 
common  school  system,  and  the  duty  of  the  State  to  maintain  it,  by  pro- 
viding the  necessary  means  for  carrying  it  into  operation;  they  have  also 
attempted  to  show  what  the  State  has  done  in  the  discharge  of  this  duty  and 
the  reasons  for  the  change  made  in  the  system;  they  have  tried  to  show,  also, 
that  the  new  system  is  an  imperfect  one,  and  requires  material  alterations, 
or  to  be  repealed.  The  majority  of  your  committee  have  proposed  amend- 
ments, and  give  their  reasons  for  them;  the  minority,  compelled  to  dissent, 
have  given  their  reasons  also,  and  bring  in  a  bill  for  the  repeal  of  the  law. 
Aware,  also,  that  many  are  of  the  opinion,  in  view  of  the  overwhelming 
majority  in  favor  of  the  law,  at  our  last  election,  that  we  should  not  repeal 
it,  but  should  re-submit  the  question  to  them ;  and  a  bill  for  that  purpose  hav- 
ing been  submitted  to  the  house  by  one  of  the  members  from  Livingston  (Mr 
McLean)  the  minority  instead  of  reporting  against  the  same,  think  it  proper 
to  report  it  for  the  consideration  of  the  house,  with  their  own  bill  for  repeal. 
In  this  manner,  the  whole  question  will  be  brought  before  the  committee 
of  the  whole,  and  the  merits  of  the  different  propositions,  to  amend,  repeal, 
or  re-submit  to  the  people,  can  have  a  full,  and  fair,  and  free  discussion. 

The  members  of  your  committee  deeply  regret  their  inability  to  do  justice 
to  the  subject  committed  to  their  charge.  They  are  now  compelled  to  make 
their  report,  for  the  shortness  of  the  time  left  to  the  close  of  the  session, 
forbids  them  to  longer  delay.  In  submitting  this  report,  they  are  painfully 
conscious  of  its  many  imperfections,  the  crude,  unpolished  and  indigested 
manner  in  which  it  is  written.  As  it  is,  however,  they  submit  it  to  the  House 
for  its  indulgent  and  favorable  consideration. 

Let  what  will  be  the  action  of  this  Legislature  in  regard  to  this  momentous 
question,  your  committee  earnestly  hope  that  it  will  be  for  the  benefit  of 
our  common  schools ;  that,  by  us,  their  interests  may  be  protected  and 
nourished,  their  prosperity  increased,  and  their  means  of  usefulness  enlarged 
and  extended;  that  whatever  system  be  finally  adopted,  it  will  be  one  loved 
of  the  people;  a  system  whose  roots  will  enter  deeply  into  the  hearts  and 


308  THE   UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

affections  of  our  people,  whose  kindly  shade  will  extend  over  all  the  State, 
its  grateful  protection  and  shelter;  then  will  we  all  pray: 
"  Lord,  ever  let  it  flourish ;  Lord,  ever  keep  its  verdure  green ! " 

C.  Robinson  H.  Brewer,  Chairman 

John  Overhiser  Lewis  Kingsley 

Benj.  J.  CowLEs  David  Sill 
T.  O.  Bishop  Minority 

Ira  E.  Irish 

Majority 

Report  of  a  majority  of  the  committee  on  literature  on  "  a  bill  to  provide 
for  the  support  of  common  schools." 

In  Senate,  April  p,  1830 

Mr  Beekman,  from  a  majority  of  the  committee  on  literature  to  which  was 
referred  the  engrossed  bill  from  the  Assembly  entitled  an  act  to  provide 
for  the  support  of  common  schools,  report, 

That  after  carefully  considering  the  provisions  of  the  act  submitted  to 
them,  they  have  come  to  the  conclusion  that  it  ought  not  to  become  a  law 
for  the  following  reasons. 

The  Assembly  bill  proposes  to  repeal  the  free  school  law  absolutely,  by 
repealing  in  §  7  chapters  140  and  404  of  the  Session  Laws  of  1849,  and  by 
restoring  and  reviving  all  laws  repealed  by  said  chapters  140  and  404. 

That  a  measure  deliberately  adopted  ^by  the  suffrages  of  the  people  of  this 
Slate,  at  a  popular  election  in  which  fifty-five  counties  voted  aye,  and  but 
four  counties  voted  no,  and  the  clear  majority  in  its  favor  was  no  less  than 
one  hundred  and  fifty-eight  thousand,  should  be  quietly  repealed  by  a  sub- 
ordinate section  of  a  law  bearing  another  title,  is  certainly  rather  hasty,  and 
perhaps  unconstitutional  legislation. 

The  free  school  law  of  1849  has  not  worked  equally  well  in  all  parts  of 
the  State.  From  the  11,000  school  districts,  some  three  hundred  petitions 
have  come  up  to  the  Legislature  praying  amendment  or  repeal.  Nineteen 
twentieths  of  the  school  districts  have  sent  no  petitions,  and  eight-tenths  have 
made  no  complaint  even  by  letter,  on  any  subject  whatever. 

The  committee  on  literature,  early  in  the  session,  after  a  full  conference 
with  the  department  of  common  schools,  in  the  office  of  the  Secretary  of 
State,  reported  certain  amendments,  which  were,  after  some  debate,  laid 
over  until  the  lapse  of  time  rendered  new  amendments  necessary.  Those  were 
made  and  duly  reported  on  the  ist  March.  (Senate  Bill  No.  156).  But  a 
bill  introduced  on  notice  by  Senator  Mann,  on  the  2d  March,  (No.  161), 
entitled  "  an  act  to  submit  to  the  people  at  the  next  annual  election  the  ques- 
tion of  the  repeal  of  the  act  establishing  free  schools  throughout  the  State," 
found  more  favor  with  the  Senate,  and  finally  passed  that  body. 

This  measure  proposed  no  amendments ;  submitted  the  imperfect  free 
school  law  of  1849  with  all  those  defects  which  experience  had  developed, 
untouched,  to  the  popular  vote ;  and  it  would  almost  seem  with  the  purpose  of 
defeating  the  law  by  aid  of  the  disgust  felt  for  one  or  two  of  its  subordinate 
clauses. 

The  Assembly,  however,  has  struck  out  an  independent  line  of  legislation 


FREE   SCHOOLS  309 

on  the  subject  of  schools.  It  is  now  proposed  to  raise  by  tax  eight  hundred 
thousand  dollars,  and  to  pay  over  that  sum  when  raised  to  the  county  treas- 
urers, subject  to  the  order  of  the  State  Superintendent  of  Common  Schools. 
This  officer  is  directed,  on  or  before  the  first  day  of  January  in  each  year, 
to  apportion  and  divide  this  $800,000  among  the  several  school  districts, 
parts  of  districts  and  neighborhood,  in  their  several  towns  and  wards,  by 
dividing  one-fourth  of  the  whole  amount  of  public  money  equally  among  the 
several  districts.  In  towns  where  there  are  parts  of  districts  and  separate 
neighborhoods  the  distribution  of  the  one-fourth  to  be  made  as  follows : 
divide  the  one-fourth  by  the  number  of  districts,  parts  of  districts  and 
separate  neighborhoods,  each  whole  district  to  be  entitled  to  the  sum  so 
ascertained,  and  each  part  of  district  to  be  entitled  to  such  proportion  of  such 
sum  as  the  numlber  of  children  between  five  and  sixteen  therein  bears  to 
the  number  in  the  part  of  the  said  district  in  the  adjoining  town,  and  each 
separate  neighborhood  to  be  entitled  to  such  proportion  of  said  sum  as  the 
number  of  children  therein  between  said  ages  bears  to  the  average  number 
in  the  district  in  said  town,  and  apportioning  the  remaining  three-fourths  in 
the  mode  now  prescribed  by  law,  and  said  moneys  shall  be  applied  exclusively 
to  the  payment  of  teachers'  wages. 

§  5  Repeals  so  much  of  the  Revised  Statutes  as  requires  supervisors  to  raise 
hy  tax  on  each  town  a  sum  equal  to  the  amount  of  school  money  apportioned 
to  such  tov.ns,  and  provides  for  its  collection  and  payment,  and  all  subse- 
quent provisions  of  law  incompatible  with  the  act  passed  by  the  Assembly. 

§  8  Excepts  from  the  operation  of  the  act  all  special  acts  relating  to  schools 
in  any  of  the  incorporated  cities  or  villages  of  this  State,  save  only  that  all 
cities  and  villages  shall  be  subject  to  the  tax  necessary  to  raise  the  sum  of 
$800,000,  mentioned  in  the  first  section  of  the  bill. 

No  provision  is  made  for  the  submission  of  this  question  to  the  people,  as 
by  Senator  Mann's  bill,  and  the  Senate  is  called  to  pass  absolutely  upon  the 
repeal  of  the  free  school  law  by  simple  enactment,  after  having  just  decided 
that  they  would  not  do  so,  but  would  refer  the  question  again  to  the  popular 
vote. 

One  of  the  most  interesting  questions  that  have  been  discussed  in  both 
Houses  during  the  present  session,  has  been  the  just  and  uniform  assessment 
of  property  for  the  purpose  of  taxation.  Although  elaborate  bills  have  been 
presented  to  the  respective  branches  of  the  Legislature,  no  final  action  has 
been*  had  in  either;  and  it  is  probable  that  should  this  school  bill  become 
a  law,  the  levy  of  $800,000  which  it  directs,  will  be  carried  out  under  the 
present  unequal  system  of  valuation. 

All  the  cities  in  the  State  would,  bj'  its  unjust  operation,  be  compelled  to 
raise  several  times  as  much  school  money  as  they  could  receive.  While 
many  counties  would  derive  a  large  sum  over  and  above  what  they  would 
raise  by  taxation  (in  some  cases  several  thousands)  all  which  money  would 
be  drawn  from  the  cities,  villages  or  neighborhood,  where  capital  happened 
to  be  accumulated.  The  eflfect  of  the  measure  upon  the  city  of  New  York 
is  well  set  forth  in  the  following  statement,  prepared  by  Hon.  Mr  Waters, 
a  member  of  the  New  York  delegation  in  Assembly. 


310  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Statement,  showing  the  operation  of  Mr  Burroughs'  school  bill  in  the  city 
and  county  of  New  York 

The  bill  proposes  to  raise  $800,000  by  tax,  apportioned  among  the  several 
counties  of  the  State  in  proportion  to  the  assessed  value  of  the  real  and 
personal  estate  therein. 

By  the  last  returns,  the  whole  assessment  of  the  State  was, 
in  round  numbers $665,000,000  00 

And  the  assessment  of  the  city  and  county  of  New  York  was.      254,000,000  00 
or  rather  more  than  38  per  cent. 

The  city  and  county  of  New  York  would  therefore  pay 
38  per  cent  of  the  $800,000  tax,  or 304,000  00 

The  distribution  of  the  proceeds  of  this  tax  is  to  be  as  follows,  viz. : 
One-fourth,  according  to  the  number  of  school  districts ;  each  district,  large 

or  small,  receiving  an  equal  proportion. 
Three-fourths,  according  to  the  number  of  scholars,  being  the  ratio  adopted 

in  the  distribution  of  the  school  fund. 

The  whole  State  contains  upwards  of 1 1,000  districts 

The  city  and  county  of  New  York 194       do 

or  about  one-sixtieth  of  the  number. 

But  on  reference  to  the  distribution  of  school  moneys,  last  year,  it  will 
be  seen  that  the  city  and.  county  of  New  York  have  rather  more  than  one- 
seventh  of  the  scholars. 

It  follows  that  the  districts  in  the  city  average  more  than  eight  times  as 
many  scholars  as  the  districts  in  the  countrA',  and  yet  are  to  receive  the  same 
amount  only  of  the  first  distribution. 

This  amount  will  be  one-sixtieth  of  $200,000,  or,  in  round  num- 
bers, to  make  allowance  for  fractions $3i500  00 

The  remaining  $600,000  will  be  divided  in  proportion  to  the  num- 
ber of  scholars,  of  which  New  York  has  14  per  cent,  making.       84,000  00 


Total  amount  returned  to  the  city  and  county  of  New  York. . . .      $87,500  00 


The  city  and  county  of  New  York  thus  pays $304,000  00 

And  receives 87,000  00 


Leaving  a  balance,  contributed  by  her  to  the  support  of  schools 
in  the  country,  from  which  she  receives  no  benefit  whatever. .    $216,500  00 

It  will  also  be  borne  in  mind,  that  in  the  country  a  lot  can  be  purchased 
and  a  schoolhouse  built  for  from  $500  to  $1,000;  while  in  New  York  the  cost 
ranges  from  $25,000  to  $40,000. 

That  the  same  teacher  can  be  had  in  the  country  for  $200  a  year,  who  in 
the  city  would  command  $700  —  a  difference  owing  chiefly  to  the  increased 
cost  of  living. 

It  is  not,  therefore,  out  of  the  way  to  say  that  it  costs  from  three  to  four 
times  as  much  to  educate  a  child  in  New  York  city  as  in  the  country,  and 
therefore  to  make  the  distribution  equal  and  fair,  the  whole  amount  raised 


FREE   SCHOOLS  3II 

by  the  citj%  should  be  expended  there;  or  in  other  words,  the  city  should  be 
exempted  from  the  operation  of  the  law. 

The  city  expended  last  year  for  schools $376,000 

The  amount  to  be  raised  by  this  bill $304,000 

Add  her  share  of  school  fund,  say 41,000 

345,000 

Deducting  this  leaves  a  balance  of $31,000 

Showing  that  the  whole  moneys  raised  under  this  bill,  with  the  school 
moneys  added,  will  be  $31,600  less  than  the  actual  expenditures  of  last  year. 

Further,  it  is  to  be  remembered  that  the  rate  of  assessment  is  vastly 
greater  in  the  city  than  in  the  country.  An  additional  objection  to  the  bill 
is,  that  it  leaves  in  force  all  the  local  laws  imposing  special  taxes  on  the 
cities  and  villages  for  school  purposes. 

New  York  city  by  local  law  is  compelled  to  raise : 

1.  The  amount  of  school  money  distributed $41,000 

2.  One-twentieth  of  one  per  cent 127,000 

Add  the  amount  levied  by  this  bill, 304,000 

Making  a  fixed  yearly  tax  of  $472,000 

Now  deduct  from  this  the  amount  which  goes  to  the  country 
exclusively 216,500 

Leaves  for  New  York  City $255,500 

But  the  amount  expended  last  year  was $376,000 

Deduct  the  above  amount   255,500 

Leaves  $120,500 

Which  the  city  must  raise  in  addition,  in  order  to  maintain  her 

schools  in  the  same  condition  as  last  year,  add 
Fixed  yearly  taxes  above 472,000 

Annual  burden,  on  the  city  of  New  York $592,500 

from  $216,500  of  which  she  received  no  benefit,  and  from  the  residue 
about  one-fourth  of  the  benefit  which  the  country  gets  from  the  same 
amount.  One  effect,  as  Mr.  Walters,  shows,  will  be  to  compel  the  city 
of  New  York  to  raise  very  nearly  $600,000  in  order  to  sustain  its  present 
schools,  for  which  they  now  pay  $376,000;  leaving  a  net  conlribution  towards 
the  support  of  country  schools  of  $216,500. 

The  same  objection  will  be  raised  by  every  city  in  the  State. 

By  passing  this  'bill,  counties  which  received  more  than  they  contributed, 
would  have  a  direct  interest  in  preventing  any  change  in  the  present  laws 
of  assessment  for  taxation.  What  is  now  difficult  might  then  be  impossible; 
and  the  discontent  of  the  people  might  take  a  direction  against  the  sacred 
cause  of  education,  for  whose  sake  the  detested  tax  was  levied. 

Grave  objections  exist  to  a  school  system  in  which  the  residents  of 
districts  and  neighborhoods  have  nothing  to  do  with  self-taxation.  Town- 
meetings    are    time-honored    auxiliaries    of    freedom.     Your   committee,   in 


2,t2  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

recommending  town  taxation  and  district  taxation  in  certain  cases,  expressly 
desire  to  keep  alive  a  local  interest  in  each  particular  school. 

"  The  school  system  of  New  York,"  says  Mr  Flagg,  then  Superintendent, 
"has  been  formed  by  combining  the  advantages  of  the  different  plans  of 
supporting  common  schools,  which  prevail  in  the  New  England  states.  Our 
system  happily  combines  the  principles  of  a  state  fund  and  a  town  tax. 
Enough  is  apportioned  from  the  State  treasury  to  invite  and  encourage 
the  cooperation  of  districts  and  towns;  and  not  so  much  as  to  induce  the 
inhabitants  to  believe  that  they  have  nothing  more  to  do  than  to  hire  a 
teacher  to  absorb  the  public  money. 

The  free  school  law  of  1849  was  aimed  against  rate-bills.  It  obliged 
districts  to  tax  themselves  heavily  and  as  has  been  found,  unequally.  The 
amendments  twice  submitted  by  this  committee  were  intended  to  equalize 
this  taxation,  and  by  throwing  the  weight  of  it  upon  the  towns,  to  take  away 
many  of  the  causes  of  discontent.  The  Assembly  bill,  however,  now  under 
consideration,  aims  to  support  schools  by  a  general  tax  to  a  limited  extent, 
while  it  retains  the  rate  bill  to  make  up  the  deficienc}%  and  unconditionally 
repeals  the  Free  School  Law  of  1849,  and  all  other  statutes  which  are 
inconsistent  with  the  act  proposed,  thus  accomplishing  no  good  thing  for 
education  while  enforcing  upon  a  grand  scale  the  very  same  unequal  taxa- 
tion which  is  made  the  chief  ground  of  complaint  against  the  present  law. 

Districts  now  pay  unequal  portions  of  school  mone}'.  This  bill  arrays 
counties  against  each  other,  and  bribes  those  counties  which  contain  no 
cities  or  villages  to  persist  in  injustice  towards  their  neighbors.  Your 
committee  therefore  intercede  once  more  for  the  preservation  of  the  Free 
Schools,  and  recommend  that  the  Assembly  'bill  now  reported,  be  not  passed 
by  the  Senate. 

All  of  which  is  respectfully  submitted. 

James  W.  Beekman, 
Samuel  Miller. 
Albany,  April  p,  1850 

Resubmission  Law 

An  act  to  submit  to  the  people  at  the  next  annual  election  the  question 
of  the  repeal  of  the  act  establishing  Free  Schools  throughout  the  State. 

Passed  April  10,  1850.     (Chapter  378) 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  As- 
sembly, do  enact  as  follows: 

§  I  The  electors  of  this  State  shall  determine  by  ballot,  at  the  annual 
election  to  be  held  in  November  next,  whether  the  Act  entitled  "An  Act 
establishing  Free  Schools  throughout  the  State,"  passed  March  26th,  1849,  and 
the  Act  entitled  "An  Act  to  amend  an  Act "  entitled  "An  Act  establishing  Free 
Schools,  throughout  the  State,"  passed  April   nth,   1849.  shall  be  repealed. 

§  2  It  shall  be  the  duty  of  the  State  Superintendent  of  Common  Schools, 
to  prepare  and  furnish  to  the  several  town  clerks  in  this  State,  forms  of 
the  poll  lists,  returns  and  other  necessary  proceedings,  to  carry  into  effect 
this  act,  and  he  shall  also  furnish,  at  the  expense  of  the  State,  to  each 
School  district  in  this  State,  five  copies  of  this  act,  with  the  forms  prepared 
by  him. 


FREE   SCHOOLS 


313 


§  3  The  ballots  to  be  deposited  in  the  ballotbox,  shall  be  in  the  following 
form: 

Those  cast  in  favor  of  the  adoption  of  such  repeal  shall  contain  the 
following  words : 

SCHOOL 

"  For  the  repeal  of  the  new  School  law." 

Those  cast  against  such  repeal,  shall  contain  the  following  words : 

SCHOOL 

"Against  the  repeal  of  the  new  School  law." 

And  the  ballots  shall  be  so  folded  as  to  conceal  all  the  words,  except 
the  word 

"  SCHOOL  " 

Which  latter  head  shall  not  be  concealed,  but  shall  appear  on  the  ballot, 
as  folded. 

§  4  The  inspectors  of  election  in  the  several  election  districts,  shall 
furnish  a  separate  ballotbox,  into  which  shall  be  placed  all  the  ballots  given 
for,  or  against  the  repeal  of  the  new  school  law.  The  inspectors  shall 
canvass  the  ballots  and  make  return  thereof,  in  the  same  manner  as  votes 
given  for,  the  office  of  Governor,  and  Lieutenant  Governor,  are  by  law 
canvassed  and  returned,  and  the  Board  of  State  Canvassers,  shall  ascertain, 
declare  and  certify  the  result  in  the  same  manner  as  they  are  required 
to  do,  in  respect  to  the  votes  given  for  Governor. 

§  5  In  case  a  majority  of  all  the  votes  given  in  the  state  shall  be  cast 
against  the  repeal  of  the  new  school  law,  then  such  law  shall  remain  in 
force,  as  if  this  act  had  not  been  passed.  And  in  case  a  majority  of  all  the 
votes  given  in  the  State  shall  be  cast  for  the  repeal  of  the  new  school 
law,  then  the  act  establishing  free  schools  throughout  the  State,  passed 
March  26th  1849,  and  the  act  amending  the  same,  passed  April  11,  1849, 
shall  be  repealed,  and  such  repeal  shall  take  effect  ten  days  after  the  result 
shall  be  ascertained  and  certified  by  the  Board  of  State  Canvassers. 

§  6  In  case  the  act  mentioned  in  the  first  section  of  this  act  shall  be 
repealed  as  aforesaid  then  all  the  acts  which  were  repealed  by  the  act 
entitled  "An  Act  establishing  free  schools,"  passed  March  26th,  1849,  shall 
be  revived  and  enforced  in  the  same  manner  as  if  the  aforesaid  act,  passed 
March  26th,   1849,  had  never  been  passed. 

§  7.  The  repeal  of  the  "Act  establishing  Free  Schools  throughout  the 
State,"  passed  March  26th,  1849,  shall  not  affect  any  act  done,  or  right 
accrued  or  established,  or  any  prosecufion,  suit  or  proceeding,  had  or 
commenced  in  any  civil  case  previous  to  the  term  when  such  repeal  shall 
take  effect,  but  every  such  act.  right  and  proceeding  shall  remain  as  valid 
as  if  the  act  so  repealed  had  remained  in  force. 


314  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

Chapter  9 

THE  CAMPAIGN  BEFORE  THE  NOVEMBER  ELECTION 

IN  1850 

The  passage  of  the  resubmission  bill  by  the  Legislature  imme- 
diately started  campaigns  by  those  both  who  favored  the  repeal  and 
those  who  favored  the  free  school  prinicple.  The  spirit  of  these 
campaigns  can  best  be  understood  by  a  careful  reading  of  the  reso- 
lutions, extracts  fro  mletters  and  newspaper  clippings. 

Monroe  County  Teachers'  Association 

Mr  N.  A.  Woodward,  from  a  select  committee,  reported  a  series  of 
resolutions  in  relation  to  the  free  school  law  recently  enacted  by  the  people 
of  this  State,  which  after  a  protracted  discussion,  was  adopted,  as  follows : 

Resolved,  That  we  still  consider  the  passage  of  the  free  school  law  by  the 
people  of  this  State,  as  a  step  of  real  progress  in  the  cause  of  education. 

Resolved,  That  by  bringing  into  our  schools  during  the  past  winter  a 
large  number  of  scholars  who  would  not  otherwise  have  attended,  and  by 
an  increased  punctuality  on  the  part  of  scholars,  the  free  school  law  has 
in  these  respects,  at  least,  fully  answered  the  expectations  of  its  advocates. 

Resolved,  That  we  are  decidedly  in  favor  of  the  free  school  principle,  and 
I)eHeve  the  same  is  true  of  nine-tenths  of  the  voters  in  western  New  York. 

Resolved,  That  we  consider  the  details  of  that  law  objectionable,  particu- 
larly that  part  of  it  which  makes  the  length  of  time  schools  are  to  be  taught, 
and  the  amount  of  funds  devoted  to  school  purposes  dependent  upon  a  vote 
of  the  several  districts,  as  the  tendency  of  such  provision  is  to  produce 
inequality  of  taxation,  hostility  to  schools,  and  cause  dissension,  back-biting 
and  strife,  throughout  every  neighborhood  in  the  State. 

Resolved,  That  in  our  opinion  public  sentiment  in  western  New  York 
demanded  the  amendment  and  not  the  repeal  or  the  reenactment  of  the 
present  free  school  law. 

Resolved,  That  we  consider  the  jeopardizing  of  the  free  school  principle, 
before  it  has  had  a  fair  trial,  by  submitting  so  soon  again  to  the  people,  a 
law  that,  although  highly  objectionable  in  detail,  was  passed  by  an  over- 
whelming majority,  as  a  hitherto  unheard  of  species  of  demagagueism,  and 
deserving  the  censure  of  every  friend  of  education  and  free  government  in 
the  land. —  Rochester  Daily  Democrat,  April  23,  1850 

Secretary's   Office 

Address  of  W.  L.  Crandal  before  the  Onondaga  County  Teachers 
Institute,  April  20,  1850 

Shail  Nezv  York  Have  Free  Schools  f 

The  electors  of  the  State  will  determine  this  question  by  their  votes  in 
November  next.  That  vote,  if  in  favor  of  free  schools,  will  settle  the 
question  forever:  If  against,  which  God  forbid!  a  contest  will  have  been 
commenced,  never  to  rest  until  the  triumphant  recognition  of  the  great  and 
glorious  principle,  that  the  property  of  a  slate  should  educate  the  children 
of  a  state. 

No  other  question  relating  to  the  internal  poHty  of  the  State  of  New  York, 
can  equal  this  in  magnitude.  The  Erie  canal  —  a  magnificent  work  —  has 
signalized  New  York  throughout  the  civilized  world.     But  great  as  is  that 


FREE   SCHOOLS  315 

work  —  splendid  and  beneficent  as  it  is  in  its  results  upon  the  happiness 
of  man  —  how  it  pales  before  the  blazing  light  of  the  proposition,  that  the 
education  of  ALL  the  children  of  the  State,  upon  terms  of  perfect  equality, 
shall  be  provided  for  by  law!  Whose  mind  is  capacious  enough  to  take  in 
at  one  view  the  height  and  depth,  the  length  and  breadth  of  such  a  proposi- 
tion! It  will  develop  intellectual  and  moral  wealth  from  the  ranks  of  the 
poor,  and  moral  wealth  from  the  ranks  of  the  rich,  compared  with  which 
the  Erie  canal  is  a  bauble.  Both  are  good,  both  invaluable,  both  great ; 
but  the  soul  of  man  ranks  higher  than  the  clay  which  encases  it. 

On  which  side  of  the  free  school  question,  do  you  suppose  the  man  of 
giant  mind,  of  noble  sympathies,  of  wise  and  profound  forecast — of  whose 
memory  the  Erie  canal  is  an  imperishable  monument  —  would  i)e  found 
today,  could  he  reappear  in  our  midst?  Think  you  De  Witt  Clinton,  were 
he  to  step  forth  from  the  voiceless  abode  of  the  dead,  would  cast  a  ballot 
at  the  coming  election,  "For  the  repeal  of  the  new  school  law?"  No 
citizen  of  the  State  of  New  York,  who  knows  aught  of  her  glorious  history, 
who  has  any  self-respect,  or  the  capacity  to  appreciate  the  man  of  whom 
Martin  Van  Buren  said  we  might  almost  envy  him  the  honors  of  the 
tomb,  would  for  a  moment  profess  a  doubt  as  to  what  that  vote  would  be. 
So  far  from  a  vote  for  the  repeal  of  that  law,  who  can  doubt,  that  if  his 
spirit  could  take  cognizance  of  affairs  in  this  State,  he  would  gladly,  were 
it  in  his  power  to  do  so,  resign  the  high  and  honorable  distinction  of 
Father  of  the  Erie  Canal,  for  that  of  Father  of  a  Free  School  System 
for  the  State  of  New  York? 

An  affirmative  vote  on  this  question  —  a  vote  against  repeal  —  will  make 
New  York  an  empire  in  moral  greatness,  and  will  secure  to  the  State,  in 
intellectual  and  moral  wealth,  results  as  astonishing  as  those  produced  by 
the  Erie  canal  in  its  physical  resources.  It  will  show  to  the  world,  and 
to  all  future  ages,  that  if,  in  1850,  the  "  lion  and  the  lamb "  do  not  lie 
down  together  in  the  State  of  New  York,  the  children  of  the  rich  and  of 
the  poor  sit  upon  the  same  bench  at  school,  the  rights  of  the  one  distinctly 
recognized  as  exactlj-  equal  to  the  rights  of  the  other. 

A  portion  of  the  professed  friends  of  free  schools,  in  the  Senate  and 
Assembly,  have  betrayed  the  cause  of  the  800,000  children  of  New  York, 
in  obedience  to  the  behests  of  some  soulless  corporations,  and  the  united 
phalanx  of  Shylocks  in  the  State.  They  have  compelled  these  children  — 
through  their  friends  —  to  defend  the  dearest  interest  of  their  lives  under 
the  terrible  pressure  of  a  false  issue,  wickedly,  cruelly  made  up.  Surely,  if 
the  Incarnate  Son  of  God  had  dwelt  upon  the  earth  in  1850,  he  never 
would  have  said,  "  What  man  is  there  of  you,  whom  if  his  son  ask  bread 
will  he  give  him  a  stone?  Or  if  he  ask  a  fish,  will  he  give  him  a  serpent?  " 
In  the  attempt  to  betray  the  holy  cause  of  free  schools  into  the  hands  of  its 
enemies,  the  members  of  the  Senate  and  Assembly  —  who  profess  to  be  the 
friends  of  that  cause  —  almost  literally  realized  that  which  our  Saviour 
was  content  to  state  hypothetically. 

This  betrayal  consists  in  compelling  the  cause  of  these  800,000  children 
to  rest  for  success  upon  adoption  of  a  law,  the  details  of  which  may  almost 
be  said  to  meet  the  views  of  none.  What  an  ordeal,  through  which  these 
recreant  men  have  compelled  a  great  and  holy  principle  to  pass !  But 
though  thus  enveloped  in  the  thick  blackness  of   falsehood,  the  clear  sun- 


3l6  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

light  of  Truth  will  break  through  all,  like  the  dancing  beams  of  the  morning, 
reveal  every  feature  of  the  great  and  beautiful  principle  for  which  we  con- 
tend, in  all  its  fair  and  just  proportions. 

This  most  extraordinary  position  of  the  question  of  Free  Schools,  induces 
us  to  address  you.     We  shall 

First,  give  you  a  -brief  statement  of  the  old  school  system  of  this  State 
in  its  leading  features. 

Second,  give  a  similar  statement  of  the  present  system. 

Third,  as  far  as  we  can  command  the  facts,  give  you  a  statement  of  the 
changes  in  the  present  law  which  the  friends  of  free  schools  proposed  in 
the  Legislature,  and  which,  in  the  Assembly,  they  passed. 

Fourth,  this  will  reveal  the  character  and  extent  of  the  treachery  of 
those  professed  friends  of  free  schools  in  the  Senate  and  Assembly,  who 
voted  to  submit  the  present  law  to  the  people  at  the  coming  election.     And 

Lastly,  we  shall  present  some  considerations,  which  we  trust  will  meas- 
urably place  this  question  in  its  true  attitude  before  the  people. 

The  Old  Systevi 

The  main  features  of  the  late  common  school  system  of  this  State,  were 
as  follows : 

1  The  interest  on  the  common  school  fund  was  annually  divided  among 
the  counties  in  proportion  to  their  population  as  compared  with  the  whole 
State  —  and  then  redivided  among  all  the  towns  and  cities  upon  the  same 
ratio. 

2  An  amount  precisely  equal  to  the  sum  thus  received  by  the  town,  was 
required  to  be  raised  by  the  town  as  a  tax  upon  all  its  real  and  personal 
property. 

3  This  was  the  extent  of  the  public  money  under  this  system,  except  as 
derived  from  local  funds. 

4  This  money  was  applicable  to  the  payment  of  the  wages  of  teachers, 
qualified  according  to  the  requirements  of  law,  and  to  no  other  object 
except  libraries. 

5  The  money  thus  raised  by  a  town,  added  to  the  amount  received  by  it 
from  the  State,  was  distributed  to  the  districts,  as  follows : 

"  In  proportion  to  the  number  of  children,  in  each,  over  the  age  of  five 
years,  and  under  the  age  of  sixteen  years,  as  the  same  shall  have  appeared 
from  the  last  annual  report  of  their  respective  trustees "  (of  the  school 
districts). —  See  Revised  Statutes. 

Hence  the  amount  of  money  received  by  any  school  district,  depended 
solely  on  the  ntimber  of  children  the  previous  year  residing  in  it,  over  the 
age  of  five  years  and  under  the  age  of  sixteen  years. 

6  The  balance  over  and  above  the  money  thus  received  by  the  district, 
requisite  for  the  payment  of  teachers,  was  assessed  upon  all  the  children 
in  attendance  upon  the  school,  in  proportion  to  the  number  of  days  each 
had  attended. 

7  The  indigent  were  to  be  exempted  from  payment.  When  a  term  com- 
menced, it  was  the  duty  of  the  trustees  to  investigate  and  settle  satisfac- 
torily in  their  own  minds  the  pecuniary  condition  of  all  in  the  district  who 
had  children  of  school  age  —  so  far  as  the  question  as  to  whether  they  were 
or  were  not  able  to  pay  their  share  of   the  teacher's  wages  was  involved. 


FREE   SCHOOLS  317 

I£  they  determined  that  a  family  was  not  able  to  pay  for  the  tuition  of 
its  children,  that  fact  was  to  be  certified  by  the  trustees,  and  the  certificate 
filed  in  the  ofiice  of  the  district  clerk. 

If  a  family,  in  their  opinion,  was  able  to  pay  one-third,  that  was  certified 
in  the  same  manner  —  if  one-half,  that  was  likewise  certified  —  and  so  on 
through  the  Districts,  until  all  the  individual  cases  of  exemption,  in  whole 
or  in  part,  were  duly  certified  by  the  Trustees,  and  duly  recorded  in  the 
ofiice  of  the  clerk  of  the  district. 

When  the  term  closed,  bills  for  the  payment  of  the  teacher's  wages  were 
made  out  against  all  who  had  attended,  on  the  pro  rata  principle;  but  in 
collection,  the  exemptions  theretofore  certified  by  the  trustees,  were  observed. 

So  it  might  happen,  although  $100  might  be  due  on  the  teacher's  wages, 
and  though  bills  to  precisely  that  amount  were  made  out,  that  only  $80 
would  be  collected.  The  balance  would  be  advanced  to  the  teacher  from  the 
pockets  of  the  trustees,  and  made  a  charge  upon  the  district  —  all  in  accord- 
ance with  the  provisions  of  the  following  section  of  the  Revised  Statutes : 

"  The  trustees  of  any  school  district  may  exempt  any  indigent  person 
from  the  payment  of  the  teacher's  wages,  either  in  part  or  wholly,  and 
shall  certify  the  whole  amount  of  such  exemption  in  any  one  quarter  or 
term,  and  the  same  shall  be  a  charge  upon  such  district." 

8  The  right  to  vote  at  district  meetings  was  limited  to  citizens  who  had 
paid  a  rate  bill  within  one  year,  or  had  paid  district  taxes  within  two  years, 
or  who  owned  personal  property  to  the  value  of  $50,  liable  to  taxation  for 
district  purposes,  over  and  above  property  exempt  from  execution. 

9  The  expense  of  building,  repairing  and  furnishing  schoolhouses,  et  cetera, 
was  defrayed  by  assessment  upon  the  property  of  the  district. 

ID  The  town  superintendent  of  common  schools  was  not  authorized  to  pay 
over  public  money  to  any  school  district,  until  in  possession  of  a  certificate 
from  the  trustees  thereof,  that  within  the  year  a  school  had  been  kept  four 
months  by  a  teacher  duly  qualified. 

Such  were  the  leading  features  of  the  common  school  system  of  this 
State,  as  existing  on  the  6th  day  of  November,  1849  —  the  day  on  which 
the  people  adopted  a  new  one,  by  majority  of  157,921. 

We  come  now  to  an  exposition  of  the  main  features  of 

The  Present  System  ' 

1  Money  received  from  the  State,  precisely  as  under  the  old  system. 

2  Money  raised  by  town  assessment,  precisely  the  same  as  before. 

3  This  is  not  all  the  public  money  under  this  system.  A  sum  precisely 
equal  to  that  received  by  the  county  from  the  state  fund,  is  raised  by 
county  tax,  and  distributed  to  the  towns  on  the  ratio  by  which  the  state 
money  is  distributed. 

So  that  under  the  present  system  each  district  is  to  receive  its  proportion 
of  three  times  the  amount  apportioned  by  the  State,  instead  of  twice  the 
amount  as  under  the  old. 

4  The  money  thus  provided  is  distributed  to  the  districts  precisely  as 
under  the  old  system. 

5  The  money  thus  received  by  the  district  is  applicable  only  to  the  pay- 
ment of  the  teacher  and  for  library. 

6  The   balance    over   and   above    the    money   thus    received    by   the    dis- 


3l8  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    \ORK 

trict,    requisite    for   the  payniem   of    teachers'    wages,   is   assessed   upon    the 
real  and  personal  property  of  the  district  not  by  law  exempt  from  taxation. 

7  No  official  census,  certificate,  or  record,  of  those  persons  in  the  dis- 
trict, having  children  of  school  age,  who  are  indigent  wholly  or  in  part. 
But  the  schools  of  the  State  are  declared  open  and  free  to  every  human 
being  to  be  found  within  its  borders,  who  is  over  five  and  under  twenty-one 
years  of  age.  Here  we  discovered  the  two  systems  to  he  in  character  as 
wide  as  the  poles  asunder. 

8  The  right  to  vote  at  district  meetings,  the  same  under  both  systems  — 
e-xcept,  that  of  course  no  mention  is  made  of  the  "payment  of  a  rate  bill," 
as  qualification  under  the  present. 

9  The  cost  of  building,  repairing  and  furnishing  schoolhouses,  et  cetera, 
defrayed  in  the  same  manner  as  under  the  oid  system. 

10  School  to  be  kept  four  months  by  a  duly  qualified  teacher,  or  the 
district  not  entitled  to  any  portion  of  the  public  money. 

It  may  be  remarked  that  all  provisions  relating  to  the  gospel  and  .school 
fund,  remain  unchanged. 

The  law  establishing  the  present  system  passed  the  Legislature  on  the 
26th  of  March,  1849,  and  provided  that  it  should  be  voted  on  by  the  people 
of  the  State  at  the  next  annual  election,  and  that  the  ballots  used,  should 
be  of  the  following  form: 

SCHOOL. 
'■  KOK   THK    NEW   SCHOOL   LAW." 
SCHOOL. 
"  AGAINST   THE    NEW    SCHOOL    LAW." 

The  word  school  to  be  folded  outside,  and  to  serve  only  as  a  label. 
It  will  be  seen  that  the  only  financial  changes  made  by  the  adoption  of 
the  new  system,  are  these : 

1st.  A  sum  is  now  raised  by  the  county  equal  to  that  apportioned  to  it 
by  the  State.     No  such  sum  was  raised  before. 

2d.  The  amount  of  deficiency  in  the  public  money  to  pay  teachers'  wages, 
is  now  supplied  by  assessment  upon  the  property  of  the  district  liable  to 
taxation.     Before,  the  amount  was  assessed  upon  the  children  in  attendance. 

In  other  words,  a  county  tax  is  now  raised,  where  none  was  raised 
before  —  and  the  rate  bill  or  tax  per  pupil,  which  before  existed,  is  abolished. 

We  have  thus,  at  some  trifling  cost  of  labor,  stated  the  main  features  of 
the  two  systems.  Both  can  be  understood  almost  at  a  glance,  though  there 
is  one  feature  of  the  present  system  which  we  shall  hereafter  subject  to 
the  test  of  an  elucidation  in  detail.  We  now  propose,  as  the  next  step  in 
the  argument,  to  present  some  of  the  changes  desired  in  the  present  law  by 
the  steadfast  friends  of  free  schools. 

For  these,  we  shall  refer  to  some  of  the  amendments  presented  or  passed, 
in  the  Senate  and  Assembly,  at  the  recent  session  of  our  Legislature.  They 
will  suftkiently  indicate  that  which  we  believe  to  be  true,  namely,  that  the 
free  school  law,  in  its  present  shape,  has  few,  if  any  friends ;  by  which  we 
mean,  that  there  are  few  friends  of  free  schools  who  do  not  desire  to 
see  the  law  amended. 

For  this  purpose,  we  will,  on  the  present  occasion,  cite  but  two  legislative 
acts  in  proof :    one  in  the  Senate,  and  one  in  the  Assembly.     We  will  take 


FREE   SCHOOLS  319 

the  report  of  the  committee  on  literature  of  the  Senate,  and  the  bill  which 
passed  the  Assembly. 

Look  at  the  report  of  the  committee  on  literature.  It  was  signed  by  James 
W.  Beekman,  of  New  York,  and  Samuel  Miller  of  Rochester.  The  report 
accompanying  the  bill  is  a  clear  and  eloquent  paper,  and  opens  with  this 
frank  and  emphatic  declaration : 

"  It  is  evident,  from  the  memorials  submitted  to  the  committee,  that  the 
present  laws  require,  in  some  particulars,  a  careful  revision  to  make  them 
accomplish  fully  the  ends  of  their  enactment." 

In  reference  to  one  feature  of  the  old  system,  they  say: 

"  Many  parents  kept  their  children  home  because  they  could  not  afford 
to  pay,  and  because  they  were  not  willing  to  confess  the  pauperism  which 
alone  entitled  them  to  free  schooling." 

Again,  as  to  the  future,  they  say: 

"  The  revenues  of  the  canals  will  soon  allow  a  portion  to  be  devoted  to 
the  support  of  schools.  The  rate  bills  for  1849  amounted  to  $489,696.63; 
and  we  have  therefore  to  provide  for  raising  a  similar  amount,  which 
lessens  every  year  until  our  school  fund  becomes  large  enough  to  support 
the  schools  out  of  its  incomes,  without  a  resort  to  taxation." 

And  near  the  close  of  the  report,  we  have  this  terse  and  beautiful  passage, 
which  deserves  to  be  printed  in  letters  of  gold: 

"  The  benefits  of  free  education  are  not  now  for  the  first  time  to  be 
doubted.  Nothing  valuable  comes  without  toil  and  cost.  Our  hopes  of 
political  freedom,  of  personal  security,  of  unforced  conscience,  are  held 
by  the  anchor  of  faith  in  the  intelligence  of  the  people.  France  has  the 
opportunity  of  freedom,  but  not  the  people  of  which  freemen  are  made ;  nor 
the  schools  which  rear  good  citizens." 

Now  for  the  bill  which  accompanied  the  report,  and  which  was  submitted 
to  the  Senate.  Of  all  its  numerous  and  valuable  amendments,  we  shall 
state  but  a  portion.  It  abolished  the  office  of  town  superintendent,  and  pro- 
vided for  assembly  district  superintendents,  to  be  elective  —  half  of  the 
salary  to  be  paid  by  the  county,  and  half  out  of  unappropriated  school 
monies.    But  the  amendments  of  this  bill  were  these : 

1  That  each  county  should  raise  by  county  tax  double  the  amount  received 
from  the  State,  instead  of  once  the  amount  as  now  provided. 

2  That  schools  be  taught  eight  months  in  the  year,  in  order  to  entitle 
the  district  to  any  public  money,  instead  of  four. 

The  effect  of  the  first  of  these  amendments  would  be  to  make  the  amount 
received  by  each  district  one  quarter  larger  than  it  now  is  —  and  of  course, 
by  so  much  lessen  the  amount  to  be  raised  by  the  district.  As  the  law  now 
stands,  the  sum  of  $23,046.94  is  annually  distributed  to  the  several  districts 
of  the  county,  which  sum  under  the  operation  of  this  proposed  amendment, 
would  be  increased  to  $30,715.92.  There  are  299  schoolhouses  in  this  county. 
If  divided  equally  among  them,  it  would  give  a  little  over  $100  to  each, 
instead  of  a  little  over  $75,  as  at  present. 

This  bill  did  not  pass  the  Senate,  and  for  a  sufficient  reason.  The  his- 
tory of  this  whole  matter,  for  this  year,  leaves  one  fact  standing  out  in 
bold  relief:  That  the  people  of  this  State  are  now  cursed  with  a  Senate, 
a  majority  of  whom,  at  heart,  are  opposed  to  free  schools.     If  such  were 


320  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

not  the  case,  would  not  some  form  of  amendment,  as  in  the  case  of  the 
Assembly,  have  passed  the  body?  Is  there  a  Senator  professing  to  be 
friendly  to  free  schools,  who  voted  for  this  resubmission,  and  yet  who 
will  declare  that  the  present  law  is  the  highest  attainable  point  of  perfection 
on  this  subject?  Not  a  man  of  them  all  has  the  hardihood  to  take  such 
an  attitude  before  the  public.  For,  if  the  law  is  perfect,  why  did  you  vote 
to  resubmit?  On  what  pretext  do  you  vote  to  resubmit  a  law  which  you 
say  is  perfect?  A  law  which  just  five  months  before  was  adopted  by  158,000 
majority  —  by  a  vote  of  almost  three  to  one — when  only  about  15,000  peti- 
tioned for  repeal  or  modification,  and  not  a  soul  for  its  resubmission!  It 
would,  indeed,  be  a  curious  and  interesting  spectacle,  to  see  a  Senator  of 
this  State,  who  has  the  nerve  to  stand  up  before  any  audience,  and  take 
the  position  that  the  present  law  is  as  good  a  one  as  can  be  made. 

But  if  driven  —  as  driven  he  must  be  —  from  holding  a  position  which 
thus  on  its  face  destroys  itself,  and,  hotly  pursued  by  those  whose  sacred 
cause  he  has  betrayed,  he  seeks  shelter  under  the  assumption  that  the  pres- 
ent law  is  imperfect,  and  ought  to  be  amended  —  what  then  is  his  attitude? 
Does  he  not  thus  avow  his  willingness  to  cast  the  principle  of  free  schools 
into  the  sea  of.  popular  opinion,  and,  instead  of  furnishing  a  life-buoy,  to 
hang  about  it  the  weight  of  the  unjust  and  hence  unpopular  details  with 
which  that  just  principle  is  now  surrounded?  Does  he  not  also  avow  that 
he  is  friendly  to  free  schools,  but  is  willing  to  compel  their  friends  —  the 
friends  of  the  principle  on  which  free  education  rests  —  to  go  into  battle 
for  the  defence  of  those  schools  and  that  principle,  with  their  arms  pinioned? 
"And  Joab  said  to  Amasa,  Art  thou  in  health  my  brother?  And  Joab  took 
Amasa  by  the  beard  with  his  right  hand  to  kiss  him.  Therefore  Amasa 
took  no  heed  to  the  sword  that  was  in  Joab's  hand:  so  he  smote  him 
therewith  in  the  fifth  rib." 

Such  is  the  interesting  dilemma  in  which  Senators,  who  profess  to  be  the 
friends  of  free  education  but  voted  to  resubmit  this  law,  have  placed 
themselves. 

Why  did  not  such  Senators  insist  that  if  the  free  school  question  were 
again  to  be  submitted,  it  must  be  in  some  one  of  the  forms  proposed  by  its 
known  and  reliable  friends.  Why  not  insist,  in  any  and  every  event,  under 
any  and  all  circumstances,  upon  such  amendments?  Then,  if  resubmitted, 
it  would  go  to  the  people  upon  a  true,  and  not  as  now,  upon  a  false  issue. 
Then,  if  amended  by  the  Legislature,  the  people  would  quietly  have  tested 
the  wisdom  of  the  amendments  in  practice.  Then,  if  not  amended  or  resub- 
mitted, the  amendments  proposed,  would  have  been  of  record,  and  would 
have  constituted  rallying  points  in  the  further  efforts  of  the  friends  of 
progress  and  reform. 

We  have  spoken  thus  of  the  Senate  separately,  as  an  act  of  justice.  It 
was  there,  in  that  select,  small,  and  preeminently  deliberative  body,  that  this 
resubmission  law  —  which  in  whatever  aspect  it  can  be  viewed,  is  a  cheat 
and  a  fraud  —  was  introduced  by  Mr  Mann,  of  Utica,  and  coolly  passed 
some  weeks  before  the  close  of  the  session. 

We  shall  give  but  one  more  example  in  illustration  of  the  position,  that 
the  real  friends  of  free  schools  desire  the  amendment  of  the  present  law. 
It  is  the  action  of  the  Assembly.  The  following  letter,  from  one  of  the 
most  intelligent  and  reliable  friends  of  free  education  in  this  State,  places 


FREE   SCHOOLS  321 

this  question  in  its  true  light.  There  is  other  information  in  the  letter,  which 
is  equally  interesting  and  instructive,  and  may  surprise  some  who  have  not 
had  occasion  to  observe  the  machinery  in  legislation,  by  which  the  poor  — 
the  honest  sons  of  toil  —  are  so  often  defrauded  of  their  rights.  Here 
is  the  letter,  which  we  give  entire : 

Secretary's  Office, 

Albany,  April  17,  1850 

Dear  Sir:  Yours  of  the  15th  reached  me  last  evening.  I  avail  myself  of 
the  earliest  opportunity  of  complying  with  your  request,  so  far  as  I  am 
able  to  do  so. 

I  send  you  enclosed,  a  copy  of  the  act  passed  at  midnight  of  the  last 
day  of  the  session,  by  a  majority  of  one  vote  of  the  whole  number  elected, 
and  which  even  had  not  the  formality  of  reading  except  by  its  title. 

I  understand  the  whole  number  of  petitioners  for  the  repeal  or  modification 
of  the  free  school  law,  was  about  15,000:  and  I  am  not  aware  of  a  single 
petition  for  a  resubmission  of  that  law  to  the  people. 

The  whole  number  of  votes  cast  in  November  last  in  favor  of  the  law 
was  249,872;  against  it,  91,951  —  majority  157,921.  Three  counties  only  gave 
majorities  against  it  —  Chenango,  Tompkins  and  Otsego  —  the  aggregate  of 
which  amounted  to  about  1,200. 

I  have  not  been  able  to  obtain  a  copy  of  the  bill  which  passed  the  Assembly. 
Its  purport  was,  to  raise  a  state  tax  of  $800,000  annually  upon  the  real 
and  personal  property  of  the  State,  to  be  appropriated  to  the  gratuitous 
education  of  the  children  of  the  State  in  common  schools  for  a  period  not 
less  than  eight  months  during  the  year. 

Mr.  E.  W.  Curtis,  of  your  county,  is  familiar  with  the  practical  details  of 
the  bill  —  having  assiduously  labored  to  secure  its  passage. 

You  may  at  all  times  freely  command  my  service  in  behalf  of  free  schools. 

Yours  truly 

S.  S.  Randall 
IV.  L.  Crandal,  Esq.,  Syracuse 

This  letter  was  in  reply  to  enquiries  addressed  on  Monday  last  to  Mr 
Randall,  upon  the  points  noticed  in  his  letter;  and  although  not  designed 
for  publication,  we  regard  it  as  containing  precisely  the  sort  of  information 
the  public  wish  for,  and  therefore  give  it.  It  completes  the  web  in  which 
one  class  of  submission  legislators  are  entangled. 

What  Change  Is  Demanded 

The  fact  that  the  real,  reliable  friends  of  free  education,  desire  a  change 
in  the  present  law,  is  now  estabHshed  by  competent  proof. 

The  only  remaining  point  to  settle,  is  the  principle  upon  which  the  change 
should  be  made.  To  our  minds,  that  is  perfectly  clear.  The  law,  in  its 
practical  working,  should,  to  the  highest  degree  of  perfection  we  can  look 
for  in  human  institutions,  clearly  illustrate  the  principle  on  which  it  is 
founded. 

That  principle  is,  that  the  property  of  a  state,  should  educate  the  children 
of  a  state.  This  settled,  it  follows  that  the  benefits  of  the  system  being 
equally  enjoyed,  its  expenses  should  be  equally  shared. 

Does  the  existing  law  violate  this  principle  of  equity,  which  is  but  another 
name  for  justice?  In  other  words,  if  an  attempt  was  actually  made,  in 
the  formation  of  the  present  law,  to  carry  out  that  principle,  was  the 
attempt  successful?  Is  the  law  such,  that  it  cannot  be  greatly  improved, 
if,  indeed,  it  cannot  be  made  entirely  satisfactory  to  every  man  in  the  State 

21 


322  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

whose  only  objection,  is,  not  to  free  schools,  but  to  the  inequality  of  the 
present  law? 

We  propose,  in  a  few  words,  to  show 

First  —  That  the  present  law,  in  its  practical  operation  is  not  equal. 

Second  —  That  the  great  feature  of  the  amendments  of  the  committee  of 
the  Senate,  and  of  the  bill  which  passed  the  Assembly,  is,  in  each  case,  to 
destroy  this  inequality,  and  to  illustrate  our  motto:  Equality  of  Benefits  — 
Equality  of  Burdens. 

By  recurring  to  our  statement  of  the  main  features  of  the  existing  school 
law,  it  will  be  seen  that  each  county  receives  a  portion  of  the  common  school 
fund,  in  the  ratio  of  its  population  as  compared  with  the  whole  State,  and 
that  this  money  is  apportioned  to  the  several  towns  on  precisely  the  same 
principle.  That  the  board  of  supervisors  then  direct  each  town  to  raise,  by 
town  tax,  an  amount  equal  to  that  thus  received.  And  that  the  same  board 
raise  by  county  tax  an  amount  equal  to  the  aggregate  received  iby  the  county 
from  the  State,  and  this  is  apportioned  to  the  towns  upon  the  ratio  already 
mentioned. 

There  is  but  one  step  more  between  the  collection  and  the  application  of 
the  money.     That  step  is  its  distribution  to  the  districts.     And  though  the 
last  step,  it  is  very  far  from  being  the  least.    It  is  this  which  has  caused 
"  This  great  commotion. 
The  country  through  " 

which  has  frightened  Senators  from  their  propriety  —  which  caused  15,000 
persons,  out  of  the  92,000  who  voted  against  it  on  its  passage,  to  petition 
for  a  repeal  or  modification  of  the  law.  This  would  not  frighten  such  men 
as  lived  in  the  times  that  "  tried  men's  souls,"  it  is  true ;  but  the  people  now 
are  compelled  to  take  up  with  such  material  as  they  have,  and  they  must 
not  be  surprised  if  occasionally  they  enlist  a  soldier,  who,  tho'  he  struts 
mightily  when  filling  his  cartridge-box  and  burnishing  his  musket,  breaks 
the  lines  and  abandons  the  field,  at  the  first  onset  by  the  enemy. 

To  return.  We  have  now  traced  the  state,  county  and  town  money,  com- 
bined, into  the  hands  of  the  town  superintendent  of  common  schools,  who  is 
by  law  charged  with  the  duty  of  its  distribution  to  the  districts  —  which  is 
the  last  step  before  it  reaches  the  hands  of  the  teachers.  Upon  what  basis 
or  ratio  does  the  superintendent  make  this  distribution?  Upon  that  of  popu- 
lation? No.  In  proportion  to  the  amount. of  taxable  property  in  the  dis- 
trict? No.  In  the  proportion  of  the  relative  aggregate  school  attendance  in 
each  district,  during  the  last  year?  No.  In  proportion  to  the  number  of 
months  a  school  was  taught  the  previous  year?  No.  In  proportion  to  the 
number  of  indigent  children  exempted  from  the  payment  of  the  rate  bill? 
No.  Not  one  of  all  these  enters  into  the  ratio  upon  which,  by  law,  he  is 
required  to  make  the  distribution.  But  he  is  required  to  distribute  the  money 
to  all  the  districts  in  his  town,  in  proportion  —  so  says  the  law  —  to  the 
number  of  children  between  the  ages  of  five  and  sixteen  residing  in  each 
district  the  previous  year. 

As  we  have  no  actual  case  before  us,  showing  the  practical  operation  of 
this  plan  of  district  distribution,  we  will  suppose  one  which  will  not  fail 
to  illustrate  the  principle  involved. 

During  the  year  ending  ist  July  1849,  the  number  of  children  taught  in 
the  common  schools  of  this  county,  was  23,873.  The  amount  of  money 
received  by  the  districts   in   that  year   from   State,   county  and   town  was 


SAMUEL  S.  RANDALL 
Deputy  Superintendent  of  Common  Schools, 
editor  of  the  "  District  School  Journal "  and 
later  superintendent  of  schools  of  New  York 
City.  An  active  and  indefatigable  advocate  of 
free  schools. 

(Picture  from  Barnard's  Journal  of 
Education) 


FREE   SCHOOLS  323 

$23,036.94,  or  nearly  a  dollar  for  every  pupil  taught  in  1849.  If  Mr  Beek- 
man's  Senate  bill  were  to  be  adopted,  the  amount  distributed  would  be 
$30,715.92,  or  about  a  dollar  and  a  quarter  per  child. 

Now  we  will  suppose  that  in  district  no.  I  in  the  town  of  Fabius,  there 
are  20  children  between  the  ages  of  5  and  16.  In  district  no.  2,  adjoining, 
there  are  80,  or  4  times  as  many.  Does  it  not  follow  that  district  no.  2 
annually  draws  —  as  the  term  is  —  four  times  as  much  of  the  money  pro- 
vided by  the  State,  county  and  town,  as  district  no.  i  ?  In  this  supposed  case, 
one  district  draws  $20,  the  other  $80. 

No  man  of  ordinary  sense  will  deny  that  if  the  State  undertake  to  educate 
its  children,  all  those  children  are  entitled  to  equal  facilities  for  the  acquire- 
ment of  an  education.  Now,  the  children  of  no.  I  in  Faibius,  need  and  desire 
as  good  a  school  education  as  those  of  no.  2.  The  public  good  requires 
thorough  and  sound  education  in  one  district,  precisely  as  much  as  in  any 
other  district.  And  if  this  principle  be  carried  out,  the  cost  of  teachers  in 
district  no.  i  will  be  the  same  — •  or  so  nearly  the  same  as  to  make  the 
difference  unworthy  of  mention  —  as  in  district  no.  2,  with  four  times  the 
amount  of  money  from  the  public. 

It  will  therefore  be  seen,  that  if,  under  the  present  law,  this  equality  of 
expense  be  incurred,  in  the  supposed  case  —  and  it  is  a  case  which  may  exist 
substantially  in  every  town  of  the  State  —  $60  more  must  be  annually  raised 
by  district  no.  i,  for  the  support  of  a  school  than  by  district  no.  2. 

Now  let  us  suppose  further,  that  the  taxable  property  of  the  one  district 
is  equal  to  that  of  the  other.  That  Mr  A  in  one,  and  Mr  B  in  the  other 
are  each  assessed  in  the  sum  of  $10,000,  and  that  neither  have  children. 
Suppose  that  the  taxable  property  of  each  district  amounts  to  $50,000  —  each 
of  these  men  will  pay  one-fifth  of  the  taxes  of  his  district.  Now,  one-fifth 
of  the  $60  which  No.  i  is  compelled  to  raise  over  and  above  what  is  raised 
by  no.  2,  is  $12  —  and  therefore  Mr  A  pays  annually  $12  more  for  the 
support  of  schools  than  is  paid  by  Mr  B,  who  has  the  same  amount  of 
property;  while  the  benefit  in  one  case  is  precisely  the  same  as  in  the  other. 

Is  this  a  law  which  confers  equal  benefits,  and  imposes  equal  burdens? 
Is  this  a  law  which  any  Senator  or  Assemblyman  dare  say  to  the  public, 
he  wholly  approves?  Is  this  a  law  which  anyone  who  voted  for  the  resub- 
mission, will  have  the  courage  to  say  could  not  have  been  improved  by  the 
Legislature?  Is  this  a  law  which  an  honest  friend  of  free  schools  would 
submit  to  a  vote,  the  result  of  which  involves  the  success  of  the  great 
principle?  These  questions  may  all  be  answered  by  an  emphatic  —  No!  The 
thousands  upon  thousands  of  the  honest,  laborious,  intelligent  poor  of  this 
State,  have  asked  for  no  such  legislation  as  this  —  legislation  which  is  a 
stalking  compound  of  deception,  fraud  and  cowardice. 

We  use  this  language  and  this  argument,  to  vindicate  the  cause  of  truth  — 
the  cause  of  justice  and  humanity.  The  poor  —  "God  help  them!"  —  are 
not  heard  in  our  halls  of  legislation.  "As  a  sheep  before  her  shearers  is 
dumb,"  so  the  voice  of  the  poor  is  not  heard  there.  But  at  the  ballot-box 
they  can  be  heard.  Its  potential  voice  —  if  we  do  not  misjudge  —  will,  in 
November  next,  sound  in  the  ears  of  their  betrayers  like  the  "  rushing  of 
mighty  waters."    That  terrible  ballot, 

"  Falls  as  snow-flakes  on  the  sod  — 
But  executes  a  freeman's  will 
As  lightning  does  the  will  of  God." 


324  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

The  fabled  thunder  of  Jove  was  a  whisper  compared  with  the  American 
ballot;  and  that  son  of  toil  in  New  York,  who  is  so  regardless  of  his 
relations  and  obligations  to  God  and  man,  as  to  stifle  its  utterance  in  behalf 
of  free  education  to  the  children  of  the  people,  at  the  coming  election, 
deserves  to  have  his  memory  perish  forever  from  the  minds  even  of  those 
who  owe  to  him  their  being. 

If  any  incarnate  fiend  in  human  form,  attempts  to  oppress  —  to  dictate 
the  vote  of  a  poor  man  on  this  question  —  let  him  be  met  as  the  tigress 
meets  the  assailant  of  her  offspring.  Tell  him  that  by  choice,  by  nature  and 
by  law,  you  are  the  protector  of  the  rights  and  interests  of  the  young 
immortals  placed  under  your  charge;  that  for  their  safekeeping,  you  have  a 
responsibility  infinitely  higher  than  any  which  man  can  impose;  that  sooner 
shall  your  "  right  hand  forget  her  cunning,"  than  drop  a  ballot  not  duly 
indorsed  — "AGAINST  THE  REPEAL  of  the  New  School  Law." 

Equality 

From  the  facts  shown,  it  appears  to  us  that  there  can  exist  but  one  objec- 
tion to  the  present  law,  on  the  part  of  those  in  favor  of  the  principle  of 
free  schools,  viz :  That  the  burdens  it  imposes  are  not  equally  distributed. 

Now  let  us  see  whether  the  friends  of  free  schools  are  worthy  of  trust, 
in  their  profession  of  a  desire  to  remove  this  inequality  of  burdens.  If 
they  are,  then  it  is  perfectly  safe  to  vote  "Against  the  Repeal  of  the  New 
School  Law." 

"Actions  speak  louder  than  words."  Look  first  at  the  Senate  bill,  by 
Messrs  Beeman  and  Miller,  from  the  committee  on  literature.  They  are  men 
who  have  no  superiors  in  the  Senate,  for  intelligence,  high  character  and 
philanthropy.  Their  bill  proposed  to  double  the  county  tax.  This  would 
give  to  each  district  one-quarter  more  money  than  it  now  receives.  Each 
district  would  then  have  to  raise  one-quarter  less  money  than  it  now  does, 
to  maintain  a  suitable  school.  The  bill  provided  for  eight  months  school  in 
each  district  —  precisely  the  average  in  the  county  of  Onondaga,  in  1849. 
The  amount  proposed  by  this  bill  to  be  raised  by  general  tax  may  not  be 
enough.  But  it  is  the  principle  of  this  amendment  at  which  we  are  to  look. 
The  extent  of  its  application,  could  be  determined  satisfactorily  by  experience. 

Now  look  at  the  Assembly  bill  —  not  a  mere  proposition  of  a  committee, 
but  a  bill  which  passed  by  what  may  be  termed  an  overwhelming  vote,  as 
will  ibe  seen  by  the  following  letter: 

Albany,  April  18,  1850 

Dear  Sir  :  The  vote  in  the  Assembly  on  the  final  passage  of  the  bill  intro- 
duced by  Mr  Burroughs,  was  69  to  30. 

Yours  truly 

S.  S.  Randall 

W.  L.  Crandal,  Esq.,  Clerk  Board  of  Education,  Syracuse" 
That  bill  —  so  triumphantly  passed  —  was  sent  to  the  Senate  several  days 
prior  to  the  adjournment  of  the  Legislature.  And  what  were  its  provisions? 
Were  they  calculated  to  relieve  the  districts,  to  promote  equality  in  burdens 
and  benefits?  It  provided  for  raising  annually  $800,000  by  a  state  tax  — 
$200,000  to  be  divided  equally  among  the  11,191  school  districts  of  the  State. 
The  amount  of  money  paid  by  them  all,  in  1849,  on  rate  bills,  was  only 


FREE   SCHOOLS  325 

$489,696.63.    And  the  amount  received  by  the  districts,  applicable  to  teachers' 
wages,  was  $653,704.53. 

Thus  it  is,  that  ALL  the  propositions  emanating  from  the  reliable  friends 
of  free  education,  point  in  the  same  direction:  to  the  relief  of  districts  —  to 
equality  —  to  justice  —  to  having  the  cost  and  the  benefit  go  hand  in  hand. 

Are  we  not,  then,  justified  by  the  undeniable  and  established  facts  of  the 
case,  in  appealing  to  every  man,  who  believes  the  children  of  the  poor  ought 
to  be  educated;  that  the  official  earmark  upon  the  poor  by  trustees  is  a 
disgrace  to  the  age;  that  a  pauper  aristocracy  in  our  schools  as  provided 
by  the  old  system  is  hostile  to  the  genius  of  our  institutions;  who  believe 
that  the  children  of  the  poor  are  not  more  highly  blest  by  a  system  of 
free  education  than  are  the  children  of  the  rich;  who  believe  that  by  the 
operation  of  such  a  system,  the  lesson  of  respect  for  others  learned  by 
the  children  of  the  rich,  is  no  less  valuable  than  the  sense  of  self-respect 
the  children  of  the  poor  are  allowed  to  imbibe.  We  say,  are  we  not  justified 
in  frankly  and  candidly  asking  all  such  men,  of  whatever  age  or  occupa- 
tion or  circumstances  in  life,  if  the  friends  of  free  schools  have  not  just  as 
much  encouragement,  just  as  much  hope,  in  the  future,  in  voting  for  the 
present  law  at  the  coming  election,  as  they  would  have,  if  this  Legislature 
had  been  as  honest  as  all  future  Legislatures  will  doubtless  find  it  for  their 
interest  to  be,  and  had  made  the  proper  amendments  before  a  resubmission, 
as  they  will  be  made  after  the  great  principle  has  been  again  triumphantly 
sustained  by  the  people? 

Rights  of  Children 

The  children  of  a  state  own  so  much  of  the  property  of  a  state  as  is 
necessary  to  educate  them  for  a  prompt  and  enlightened  discharge  of  the 
duties  required  of  them  as  citizens  —  the  degree  of  that  education  clearly 
depending  upon  the  state  of  societJ^  To  the  use  of  so  much  property,  for 
that  object,  they  have  an  imprescriptible,  indefeasible  right.  Those  who 
hold  the  property  of  a  state,  do  so,  to  this  extent,  as  stewards  of  the 
Almighty,  for  these  children.  When  this  office  is  faithfully,  zealously  and 
cheerfully  executed  by  men  of  wealth,  it  becomes  a  truly  noble  one.  Men 
who  thus  hold  wealth  are  an  ornament,  a  blessing  to  their  r2R:e  —  the 
almoners  of  God's  bounty.  Thus  exercised,  the  talent  to  accumulate  wealth 
takes  rank  among  the  most  valuable  and  honorable  with  which  man  is 
endowed.  Men  who  have  wealth  will  make  their  own  election  as  to  the 
manner  in  which  they  will  discharge  the  sacred  trust  with  which  they  are 
invested  —  sacred,  so  far  as  fitting  the  generation  succeeding  them  for  their 
high  duties,  is  concerned.  It  is  proper  —  as  free  moral  agents  —  that  they 
should  do  so,  because  by  one  course  their  own  happiness  will  be  incrieased, 
and  by  the  other  diminished.  But  we  demand  —  and  the  people  of  this 
county  and  State  will  demand  —  that  the  children  shall  have  their  own. 
We  protest,  and  they  will  protest,  against  the  monstrous  injustice,  the 
stupendous  wrong,  of  a  denial.  The  right  of  society  to  so  much  of  the 
property  of  a  state  as  is  needful  to  imprison  or  hang  the  thief,  the  seducer, 
or  the  murderer,  is  unquestioned.  It  is  raised  by  a  general  tax,  and  nobody 
questions.  But  where  shall  we  find  a  mind  so  deformed  as  to  maintain  that 
the  rich  alone  are  interested  in  the  vindication  of  injured  innocence  or 
purity,  which  is  thus  secured  at  the  expense  of  property  —  by  a  general 
tax  upon  property?     If  not,  why  are  the  expenses  incurred  in  the  punish- 


326  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

ment  of  these  crimes,  and  in  the  means  used  to  prevent  depredations  upon 
all,  by  a  similar  assessment  upon  the  property  of  all,  answer  this  question  at 
their  leisure. 

Again:  Who  denies  the  right  oi  every  child  in  the  state,  not  otherwise 
provided  for,  to  so  much  of  the  property  of  a  state,  as  is  necessary  to  feed, 
clothe  and  shelter  him?  And  yet  —  "Tell  it  net  in  Gath,  publish  it  not  in 
the  streets  of  Askelon  " —  there  are  actually  to  be  found  men  who  deny  the 
right  of  every  child  to  have  his  mind,  by  the  same  instrumentality,  invested 
with  the  beautiful  habiliments  of  knowledge  —  to  have  the  curtains  with- 
drawn from  his  darkened  soul  — •  unless  it  shall  have  been  "  certified  "  by  a 
board  of  trustees,  and  duly  recorded,  that  his  father  or  his  mother,  as  the 
case  may  be,  is  a  pauper!  Amazing  infatuation! — that  invests  the  mind 
of  man  with  less  dignity,  value  and  consideration,  than  the  crumbling  clay 
curiously  fashioned  for  its  temporary  dwelling. 

Generation  succeeds  generation,  each  fed,  clothed  and  sheltered  from  the 
productions  of  the  earth,  and  following  each  other  in  the  order  of  accession, 
each  takes  up  an  abode  within  its  bosom.  The  common  mother  of  us  all 
furnishes  to  the  teeming  multitudes  of  each  generation  temples  for  the 
indwelling  of  their  spiritual  nature,  and  which  it  receives  back  again  when 
that  nature  has  no  further  use  for  them.  By  what  authority  can  a  portion 
only  of  those  at  any  one  time  upon  the  face  of  the  earth,  claim  exclusive 
title  to  the  benefits  accruing  from  the  common  bounties  of  Providence? 
Let  those  who  claim  this  monopoly  prove  title  by  exhibiting  a  charter  from 
Him  who  has  been  their  owner  from  the  period  before  time  was.  Whose  are 
the  earth,  the  water,  the  air,  the  sun  which  vivifies  all?  Are  the  inapprecia- 
able  benefits  resulting  from  these  munificent  endowments  to  be  monopolized 
by  any  portion  of  the  existing  race,  or  are  they,  in  fitting  harmony  with  the 
spirit  of  the  Parent  of  us  all,  to  be  employed,  so  far  as  is  necessary,  in  fitting 
the  generation  soon  to  assume  all  the  active  responsibilities  of  life,  for  an 
intelligent  fulfilment  of  all  their  relations  to  man  and  to  their  Creator? 

IVho  Produces  Wealth? 

It  is  the  laborer.  It  is  the  laborer  who  produces  the  wealth  of  a  state. 
The  wealth  of  a  state,  consists  of  whatever  can  be  appropriated  to  relieve 
the  necessities,  or  to  contribute  to  the  happiness  of  mankind,  and  in  the 
means  of  securing  the  production  of  those  things  which  contribute  to  these 
ends.  Who  hewed  down  your  forests?  Who  built  your  roads  and  bridges? 
Who  built  the  dwellings  of  the  country  — ■  its  hovels  and  its  palaces  —  its 
store-houses  and  public  edifices?  Who  constructed  the  Erie  canal?  Who 
built,  your  railroads?  Who  built  the  vessels  which  bring  to  your  shores 
the  products  of  very  clime  in  exchange  for  those  of  your  own?  Who  pro- 
duced our  daily  food?  Who  produced  the  raiment  with  which  we  are  clothed 
—  from  the  brogan  to  the  gossamery  lace  about  a  fashionable  lady's  neck? 
Who  produced  the  gold  and  silver  in  your  pockets,  and  in  the  vaults  of 
your  banks?  To  all  this  there  is  but  one  answer  —  the  laborer.  All  these 
things  are  produced  by  the  "  sweat  of  the  brow,"  and  in  no  other  way. 
These,  are  the  taxable  wealth  of  a  state. 

Who  Pays  the  Taxes? 
The  laborer.    No  man  has  produced  any  more  wealth  than  has  been  the 
result  of  the  application  of  his  physical  powers,  or  of  his  mental  powers 


FREE   SCHOOLS  327 

in  such  a  way  as  to  "  make  two  blades  of  grass  grow  where  one  grew 
before."  We  shall  not  here  go  into  a  general  argument  as  to  who  are  pro- 
ducers and  who  are  not;  we  shall  be  perfectly  understood  without  this;  and 
shall  therefore  only  add,  that  all  men  are  producers,  who  labor  either  with 
the  hands  or  head,  for  that  which  tends  to  the  comfort,  the  happiness  or  the 
improvement  of  society.  The  mechanic  whose  ingenuity  produces  a  machine 
which  will  do  the  work  of  a  thousand  men,  is  a  laborer,  and  a  producer  of 
wealth,  in  a  greatly  multiplied  sense  of  the  term. 

The  Corollary 

Labor,  therefore,  is  entitled  to  the  education  of  all  its  children,  upon  the 
same  platform  with  the  children  of  those  whose  peculiar  sagacity,  in  a  pecu- 
liar channel  of  thought  and  action,  enables  them  to  accumulate  an  extraordi- 
nary share  of  the  profits  of  labor.  No  one  will  dispute  our  conclusion,  who 
does  not  question  our  premises. 

Labor,  then,  is  the  great  source  of  the  wealth  all  about  us,  which  is  repre- 
sented in  dollars  and  cents  on  the  tax  lists.  If  we  find  who  do  the  labor 
of  a  state,  we  at  the  same  time  find  who  produce  the  wealth  of  a  state. 
Look  about  you,  and  see  who  do  it.  Now,  have  the  men  whose  names 
stand  opposite  the  highest  figures  upon  the  tax  lists,  performed  the  labor  — 
that  labor  which  alone  produces  wealth  —  necessary  for  the  production  of 
the  wealth  thus  represented?  If  not,  do  they,  in  fact,  pay  the  so  much 
talked  of  tax  which  goes  to  educate  the  children  of  the  laborer?  The  men 
who,  in  obedience  to  laws,  which  no  one  questions,  own  this  wealth,  have 
accumulated  it,  not  produced  it :  they  have,  by  skill  in  business,  forecast, 
judgment,  accumulated  more  property  than  they  could  possibly  have  pro- 
duced ;  and  their  title  to  it,  when  honestly  acquired,  none  but  the  base  call 
in  question.  But  the  title  to  so  much  of  that  property  as  is  necessary  to 
fit,  by  a  proper  education,  the  children  of  those  who  earned  it  by  their  toil, 
for  the  various  responsibilities  of  society,  never  became  vested  in  those  who 
hold  it.  So  much  property  is  held  by  all,  for  the  benefit  of  all.  Its  title 
is  imprescriptibly  vested  in  those  children ;  it  is  registered  in  heaven ;  and 
no  ingenuity  of  craft,  no  subtlety  of  avarice,  no  stretch  of  audacity,  can 
subvert  it.  We  take  this  property  —  the  child  is  educated  with  it  —  and  to 
the  modern  Shylock  who  questions  our  procedure,  we  quietly  reply  — "  This 
bond  doth  give  thee  here  no  jot  of  blood." 

The  Cruelties  of  a  Free  School  System 
But  alas !  an  appeal  is  made  to  our  humanity  —  and  this  appeal  we  recog- 
nize and  obej'.  We  are  told  that  the  man  worth  $10,000,  $15,000,  $25,000, 
$50,000,  or  even  $100,000,  and  who  has  no  children,  is  assessed  on  his 
property  to  aid  in  defraying  the  school  expenses  of  those  who  have!  Was 
such  oppression  and  inhumanity  ever  before  heard  of  in  the  long  history  of 
mankind?  —  always  "saving  and  excepting"  the  bloody  code  of  Draco? 
When  that  great  poet  of  nature  —  that  man  of  mighty  heart  —  the  immortal 
Burns  —  told  the  world,  that 

"  Man's  inhumanity  to  man 
Makes  countless  thousands  mourn  " 

little  did  he  dream  that  it  was  in  reserve  for  some  future  bard  to  render 
tame  and   spiritless  this  outpouring  of   universal  sympathy  by  singing  the 


328  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

"  inhumanities  "  of  a  free  school  system !  Could  the  heroes  of  Independence 
Hall,  of  the  4th  of  July,  1776,  be  made  aware  of  such  a  system  of  oppres- 
sion as  this,  might  we  not  expect  that  their  ibones  would  turn  in  their 
graves?  And  could  they  be  again  endowed  with  an  earthly  form  and  con- 
sciousness, that  they  would  blush  and  hang  their  heads  for  very  shame, 
to  think  that,  when  compared  with  the  oppressions  of  our  time,  they  had 
made  so  much  ado  over  the  aggressions  of  the  British  government?  Think 
of  it  —  just  stepping  upon  the  threshold  of  the  last  half  of  the  nineteenth 
century  —  a  man  who  has  wealth  in  his  possession,  and  no  children,  is  called 
upon  by  the  laws  to  contribute  his  mite  toward  the  school  education  of  the 
children  of  those  whose  toil  earned  that  very  wealth ! 

Poor,  childless,  soulless,  rich  man !  —  if  such  an  one  there  be  in  this 
county.  Your  soul  shut  out  forever  from  those  perennial  joys  that  spring 
from  the  artless,  innocent,  confiding  love  of  children:  You  would  deprive 
.yourself  of  the  privilege  and  luxury  of  doing  good  when  it  lies  in  your 
power  to  do  it :  You  would  deprive  yourself,  while  living,  of  the  heart's 
incense  of  thousands,  and  of  their  daily  and  hourly  blessings  on  your  mem- 
ory after  you  have  gone  to  your  final  account.  When  you  are  determined 
to  do  all  this  to  yourself,  what  shall  we,  what  can  we,  say?  Shall  we  say 
of  you,  that  you  have  sundered  every  sympathy  of  a  soul  tuned  by  its  Giver 
in  such  glorious  harmony? — 'that  you  are  a  stranger  to  all  the  qualities 
which  distinguish  humanity,  save  that  one  which  with  the  relentless  energy 
of  despair,  binds  you,  hugs  you,  to  the  only  god  of  your  devotion  —  the 
almighty  dollar? 

But  if  there  are  such  beings  in  our  county  —  which  we  will  not  believe  till 
we  have  proof  of  the  fact  —  walking  erect,  and  in  features  bearing  a  resem- 
blance to  the  "  human  face  divine,"  we  most  sincerely  commiserate  their 
condition.  What?  cut  off  from  the  sympathies  of  their  fellow  men  sym- 
pathies in  as  perfect  harmony  as  the  "  music  of  the  spheres !  "  We  have 
not  prostituted  the  language,  by  calling  them  men  —  for  "  God  said,  Let 
us  make  man  in  our  image,  after  our  likeness."  A  man  is  not  merely  a  thing 
with  two  legs,  walking  erect,  with  the  power  and  disposition  to  make  money. 
Such  is  not  a  true  portrait  it  is  a  wretched  caricature.  A  man  is  a  being 
endowed  with  sympathies  as  wide  as  the  race  to  which  he  belongs;  with  an 
intellect  which  can  appreciate  and  admire  the  immensity  and  beneficence  of 
the  Creator's  works ;  a  being  who  can  comprehend,  and  attempt  to  fulfil, 
the  obligations  which  his  own  exalted  attitude  in  the  scale  of  being,  and  his 
destiny,  so  clearly  impose:  loving  and  being  loved,  doing  and  receiving 
good,  he  goes  on  his  way  rejoicing  in  the  numberless  blessings  with  which 
his  path  is  strewed.  Such  is  an  outline  of  a  man.  But  if  such  specimens 
could  be  found  in  our  community  as  were  first  referred  to  —  which  we 
emphatically  deny  —  what  a  pity  it  is,  that  —  glued  all  over  with  hard  dol- 
lars, forming  a  shield  as  impenetrable  as  the  hide  of  a  rhinoceros  —  they 
could  not  colonize  to  some  dear,  delightful  spot  of  earth,  beyond  the  clamor 
of  the  irrepressible  sympathies  of  our  nature !  Or,  like  Tantalus,  con- 
demned to  live  in  the  midst  of  these  sources  of  the  most  exquisite  enjoy- 
ment, but,  isolated  by  this  shield,  forever  debarred  the  privilege  of  tasting 
them. 

Was  the  old  System  Well  Enough? 

We  are  told  —  though  rarely  —  that  "  things  were  well  enough  under  the 
old  system."     Not  so.     It  was  not  "  well  enough  "  that  the  children  of  the 


FREE  SCHOOLS  329 

poor,  to  the  estimated  number  of  60,000  in  the  State,  were  kept  from  school 
by  their  inability  to  pay.  It  was  not  "  well  enough  "  that  at  school,  a  por- 
tion of  the  children  on  a  bench  should  sit  as  paupers,  and  the  balance  as 
"  paying  subscribers."  It  is  declared  in  Holy  Writ  that  "  The  race  is  not  to 
the  swift,  nor  the  battle  to  the  strong,  nor  yet  riches  to  men  of  understand- 
ing; for  time  and  chance  happeneth  to  all."  The  experience  of  all  ages  cor- 
roborates these  truths.  This  united  testimony  proves  that  the  possession  of 
wealth  is  not  even  prima  facie  evidence  that  the  man  possesses  brains;  nor 
is  the  want  of  it,  similar  proof  that  he  is  destitute  of  them.  "  Time  and  chance 
happeneth  to  all,"  says  the  wise  and  inspired  writer.  It  may  happen  —  it 
is  not  at  all  unlikely  to  happen  —  that  in  the  very  next  generation,  this  busi- 
ness of  trustee  "  certifying  "  may  change  hands.  People  who  now,  "  in  the 
lust  of  the  eye  and  the  pride  of  life,"  say  in  their  hearts  that  it  is  "  well 
enough  "  to  have  the  parents  of  these  children  annually  certified  as  paupers, 
would  do  well  to  remember  that  "  Pride  goeth  before  destruction,  and  a 
haughty  spirit  before  a  fall ; "  and  that  nothing  is  more  likely  to  occur,  than 
that  the  children  of  those  who  they  now  so  complacently  "  certify "  and 
record  as  paupers,  will  perform  the  same  grateful  office  for  their  own  off- 
spring in  the  second  generation. 

It  was  not  "  well  enough "  that  the  amount  of  exemption  in  the  county 
of  Onondaga  should  have  been  $325.61,  in  1849  —  a  few  pennies  over  one 
dollar  for  each  schoolhouse  in  the  county!  Will  any  man  who  can  read 
and  write  and  cypher,  say  that  this  was  "  well  enough?  "  Six  hundred  and 
twenty- four  children  exempted  that  year,  and  $325.61  paid  for  their  tuition  — 
or  about  52  cents  apiece  paid  for  the  annual  tuition  of  each  of  the  exempted 
pupils  of  this  county.  We  ask  the  wealthy  and  intelligent  and  large-minded 
men  of  the  county  of  Onondaga,  in  all  sincerity  and  earnestness,  if  that  was 
"well  enough"?  —  if  they  can  afford  to  have  such  a  state  of  things  sur- 
round the  families  they  are  rearing?  For  who  can  doubt  that  under  such 
a  state  of  things,  many  hundreds  were  kept  from  attendance  at  all,  by  the 
fact  of  their  inability  to  pay?  The  two  facts  here  brought  to  light  —  the 
number  of  children  exempted,  and  the  paltry  and  wholly  insufficient  amount 
paid  for  their  tuition  —  are  enough  to  consign  the  old  system  to  redemp- 
tionless  perdition  in  the  minds  of  all  intelligent,  thinking  men.  The  age  in 
which  we  live  is  emphatically  an  age  of  progress;  and  the  ideas  which  were 
"  well  enough "  for  25  years  ago,  are  not  necessarily  well  enough  for  the 
present,  or  for  the  future.  The  ideas  to  prevail  in  the  last  half  of  the  nine- 
teenth century,  are  entirely  distinct  and  in  advance  of  the  ideas  which  pre- 
vailed in  the  first  half.  The  philosophy  which  will  surely  prevail  in  the 
former,  will  be,  that  the  thorough  education  of  the  children  of  those  with- 
out property,  is  as  important  to  them  individually,  and  to  society,  as  the 
education  of  the  children  of  those  who  have  property.  And  also,  that  the 
earmark  of  indigence  does  not  necessarily  indicate  a  brainless  man  or  woman 
—  or  a  man  or-  woman  destitute  of  the  highest  mental  and  moral  elevation, 
cultivation  and  refinement.  A  change  of  philosophy  requires  a  correspond- 
ing change  of  practice;  and  as  the  last  day,  when  wealth  will  be  regarded  — 
even  prima  facie  —  as  a  badge  of  honor,  and  correlatively,  poverty  as  one 
of  disgrace  and  occasion  for  contumely,  will  soon  be  numbered  among  "  the 
things  that  were,"  —  and  as  the  day  is  fast  approaching  when  intellectual 
and  moral  worth  will  maintain  their  rightful  supremacy  among  men,  so  the 
dawning  of  that  change  in  society  demands  a  corresponding  change  in  legis- 


330  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

lation  —  as  laws,  in  this  country,  except  when  the  people  are  temporarily 
betrayed,  are  a  mere  transcript  of  the  social  organization. 

Fifty-two  cents  per  annum,  paid  in  Onondaga  county  for  the  tuition  of 
each  of  its  exempted  pupils !  The  simple  fact,  stamps  enduring  disgrace 
upon  the  old  system. 

Again :  It  is  not  "  well  enough  "  that  the  children  of  those  who  are  more 
largely  endowed  with  a  share  of  this  world's  goods  should  have  their  tender 
and  impressible  minds  imbued  with  the  odious  distinctions  which  the  old 
system  created.  Sound  philosophy  and  an  enlightened  humanity  declare  this 
is  not  "  well  enough."  Horrible  as  are  the  results  of  a  system  of  slavery 
upon  the  enslaved,  it  can  hardly  with  truth  be  said  that  it  debases  them  in 
a  more  appalling  ratio  than  it  does  the  enslavers.  Perforce,  it  shuts  out  the 
light  of  knowledge  and  of  heaven's  truth  from  the  minds  of  the  enslaved; 
but  the  practical  tendency  of  the  system  is  to  secure  the  active  exercise  and 
development  —  and  the  consequent  supremacy — 'of  the  worst  passions  and 
the  meanest  sentiments  of  the  enslavers.  So  upon  the  benches  of  our  com- 
mon schools,  under  the  old  sj'stem.  In  the  minds  of  the  children  of  the 
rich  and  of  the  poor,  that  system  nourishes  and  stimulates  to  a  premature 
and  fatal  growth,  the  worst  and  the  meanest  sentiments  of  our  nature  — 
contempt  and  envy  —  hate  and  disrespect.  That  child  is  as  effectually 
degraded  who  is  educated  not  to  look  upon  the  intrinsic  qualities  of  any 
human  being  as  the  true  test  of  respect  and  regard,  as  he  whose  education 
and  circumstances  lead  to  a  loss  of  his  own  self-respect.  For  it  is  not  too 
much  to  say  —  it  is  a  principle  too  plain  and  self-evident  to  be  controverted 
—  that  he  who  is  so  trained  as  not  to  make  inherent  qualities  and  virtues 
and  acquirements  the  test  of  dignity  and  character  in  others,  will  not  make 
them  such  in  his  own  case :  And  therefore,  the  result  to  those  among  the 
rich  or  wealthy  who  insist  that  "  certified  "  indigence  shall  be  the  test  of  a 
school  education  free  of  expense,  is  inevitably  to  impress  upon  the  minds 
of  their  own  children  a  standard  for  the  estimation  of  character,  which  can 
not  fail  deplorably  to  degrade  them  in  the  scale  of  moral  excellence.  No 
boon  of  higher  value  can  be  extended  to  the  children  of  the  rich  than  to  pro- 
vide that  they  sit  day  by  day  and  year  by  year  upon  the  same  benches  with 
those  of  the  humble  poor,  upon  terms  of  the  most  absolute  equality  of  rights 
and  privileges.  It  is  educating  them  for  the  highest  happiness;  for,  turn 
the  subject  which  way  we  will,  whether  the  fact  be  acknowledged  or  denied, 
the  truth  remains  as  irreversible  as  any  other  law  of  nature,  that  no  man 
knows  aught  of  real  happiness,  who  is  a  stranger  to  the  sympathies  of 
his  fellow  men.  Riches,  not  so  used  as  to  secure  that  sympathy,  never  yet 
conferred  happiness  upon  a  human  being.  And  those  sympathies  must  be 
of  an  elevated,  not  of  a  degrading  cast.  If  man  —  made  in  the  image  of 
his  God  —  become  so  degraded,  so  fallen  from  the  integrity  of  his  nature, 
that  his  only  pleasure  is  derived  from  hugging  gold  to  his  bosom,  and  yield- 
ing it  the  oblation  of  his  morning  and  evening  orisons,  he  makes  no  nearer 
approach  to  a  realization  of  the  true  dignity  and  happiness  of  a  human 
feeing,  than  does  the  fallen  spirit,  who,  for  a  fancied  independence  of  another 
sort,  took  up  an  abode  in  the  regions  of  darkness  and  despair,  in  exchange 
for  the  society  of  angels.  The  laws  written  by  the  Creator  upon  the  con- 
stitution of  man,  declare  in  plain,  intelligible  langage,  that  his  highest 
happiness  shall  forever,  in  all  states  of  his  being  consist  in  the  supremacy 
of  his  moral  sentiments.     The  pride,  the  arrogance,  the  selfishness  of  the 


FREE  SCHOOLS  331 

human  mind,  are  ever,  under  the  most  favorable  circumstances,  sufficiently 
active  to  require  that  they  be  held  in  constant  check;  and  if  so  kept  in 
childhood,  they  will  never  fail  to  attain  an  adequate  development  in  maturity. 
This  is  the  concurrent  testimony  of  all  good  and  truly  great  men  in  all  ages 
of  the  world;  it  is  the  reiterated  lesson  of  revelation.  If,  then,  by  a  system 
of  free  schools,  we  can  nourish  and  develop  eqtiality  of  feeling  —  naturally 
resulting  from  this  equality  of  position  —  and  that  feeling  can  be  thus 
daily  inwrought  with  the  very  web  and  woof  of  their  minds  and  characters, 
a  blessing  is  conferred  upon  the  children  of  the  wealthy,  which,  in  any  other 
form,  it  is  utterly  beyond  the  power  of  money  to  bestow.  Like  the  dews  of 
heaven,  and  as  silently  and  insensibly,  free  schools  dispense  their  blessings 
with  the  same  beneficence  and  the  same  munificence,  alike  upon  the  children 
of  the  rich  and  of  the  poor. 

Upon  even  a  brief  examination,  therefore,  of  the  principles  and  tendencies 
of  the  old  system,  we  are  constrained  to  declare,  that  it  is  not  "  well  enough  " 
for  the  present  age. 

The  Dollar  Argument 

Under  this  head,  we  shall  content  ourselves  with  stating  the  proposition, 
that,  as  a  mere  question  of  dollars  and  cents,  the  Empire  State,  at  the  end  of 
ten  years,  would  be  the  richer  for  the  adoption  of  a  thorough,  liberal  and 
enlightened  system  of  free  education.  "  There  is  that  withholdeth  more  than 
is  meet,  but  it  tendeth  to  poverty." 

Value  of  Education 

It  is  not  in  the  power  of  any  pen  or  of  any  tongue,  to  portray  the  contrast 
between  an  educated  and  an  uneducated  mind.  Mental  activity  is  a  law  of 
human  happiness.  By  mental  activity,  we  mean  a  due  exercise  of  all  the 
faculties.  This  can  never  be  attained,  while  the  intellect  is  uninstructed  in 
the  wonderful  facts  and  laws  of  nature.  When  this  work  has  been  properly 
commenced  in  childhood  and  youth,  the  field  of  mental  activity  —  delightful, 
unceasing  activity  —  is  limitless.  To  the  uneducated  mind,  all  this  is  com- 
paratively a  blank.  Nature,  to  such  a  one,  is  almost  an  unwritten  page  —  is 
not  vocal  with  praise  of  the  wisdom,  order  and  beauty  of  the  Creator's 
works  —  in  a  word,  is  a  drear,  tenantless  waste.  But  ask  the  man  or  woman 
of  mature  years  —  however  meagre  may  be  the  resources  of  wealth  at 
command  —  whose  mind  is  well  stored,  if  he  or  she  would  exchange  the 
results  of  school  discipline  of  mind  and  instruction,  for  any  farm  or  any 
towTiship  in  Onondaga,  and  the  answer,  in  all  cases  except  where  there  is 
moral  debasement,  would  be  a  decided  negative.  If,  then,  the  value  of  an 
education  can  not  ibe  estimated  by  one  who  possesses  it,  would  it  not,  if 
possessed,  be  as  great  a  prize  to  another  who  has  not  been  able  to  obtain  it? 
By  education,  we  mean  the  exercise,  discipline  and  development  of  all  the 
faculties :  securing  to  the  individual,  at  maturity,  the  power  of  successful 
self -education.  If  the  worth  of  this  can  not  be  computed  in  dollars  and  cents, 
in  houses  and  lands,  by  its  truly  fortunate  possessors,  what  folly  and  injustice 
for  society  to  withhold  the  mere  rust  of  wealth,  requisite  to  confer  the  boon 
upon  all  who  desire  it. 

In  Conclusion 

"Agitate!  Agitate!  Agitate!  —  should  be  the  motto  of  every  friend  of 
free  schools.     We  are  told  by  the  highest  authority,  that  our  Senators  did 


332  THE   UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

not  think  it  wise  to  submit  the  law  properly  amended,  for  a  vote,  for  fear  the 
people  would  not  understand  the  amendments !  Scatter  facts  and'  correct 
principles  broadcast,  and  prove  to  the  world  that  this  imputation  is  a  slander: 
that  the  people  are  capable  not  only  of  comprehending  truth,  but  can  detect  it 
even  through  the  mazes  of  falsehood  with  which  in  this  case  it  has  been 
enveloped  by  those  Senators.  Let  it  be  made  apparent  as  the  noonday  sun, 
that  the  only  way  to  manifest  a  friendship  for  free  schools,  at  the  ballot  box, 
is  to  vote  "'Against  the  Repeal  of  the  New  School  Law."  Sustain  the 
law  by  a  triumphant  vote,  and  it  will  be  amended  to  the  satisfaction  of  all 
who  hold  to  the  great  and  glorious  principle,  that  the  property  of  a  state 
should  educate  the  children  of  a  state.  On  this  point  there  is  no  room  for 
doubt.  The  enemies  of  free  schools  will  be  as  deeply  interested  as  their 
friends,  in  making  the  law  what  it  should  be.  The  enemies  of  free  education 
have  triumphed,  in  securing  the  submission,  at  this  election,  of  a  law  in  a 
form  not  desired  by  the  friends  of  that  cause.  Let  it  be  their  last  triumph. 
Sustain  the  law  —  save  the  principle  —  and  we  thereby  press  them  into  the 
work  of  putting  the  law  into  the  best  possible  shape.  Their  interest  will  then 
urge  them  in  that  direction. 

The  reputation,  honor,  influence,  future  glory,  and  permanent  prosperity 
and  progress  of  New  York,  are  involved  in  the  decision  of  this  question.  Let 
young  men,  whose  interests  and  hopes  are  identified  with  this  noble  State, 
vindicate  her  fame  and  character  at  this  crisis.  This  cause  will  triumph. 
Truth  is  more  mighty  than  error.  Humanity,  even  in  this  age  of  silver  and 
gold,  is  more  mighty  than  blind  selfishness.  Let  the  victory  be  resplendent. 
Let  it  be,  for  all  future  time,  the  proudest  record  to  be  found  in  the  archives 
of  the  Empire  State.  But  above  all,  let  Onondaga  win  the  banner  in  this 
contest.  We  have  men  of  wealth  who  will  take  the  lead  in  the  cause  of 
free  education.  They  are  noble  men,  and  merit  large  reward  for  their  good 
and  powerful  influence.  Public  sentiment  on  education  has  been  gradually 
advancing  and  ripening  in  this  county,  for  several  years.  It  is  comparatively 
sound.  There  is  no  county  in  the  State  in  advance  of  her  in  the  cause  of 
universal  education.  Let  not  any  considerable  number  of  votes  against 
free  schools  at  this  election,  place  upon  so  fair  a  page  an  ineffaceable  blot, 
and  cast  a  mildew  upon  the  moral  influence  she  now  possesses.  In  the  name 
of  a  just,  honorable,  manly  pride,  we  appeal  to  our  people  to  avert  such  a 
result.  Let  our  county  —  so  privileged  in  position  and  native  resources  — 
be  second  to  none  in  a  work  to  which  all  in  a  few  years  will  point  with 
exultation. 

We  again  say:  Agitate!  Organize!  These  are  the  mottoes  of  truth; 
silence  and  stealth  the  countersigns  of  error.  Let  the  watchfires  of  free 
education  to  all  the  people,  be  lighted  upon  every  hill-top  and  in  every  valley; 
let  the  shouts  of  its  friends  echo  and  reecho  from  every  hamlet;  let 
it  be  declared  by  all  the  people  of  Onondaga,  that  the  immortal  mind  of 
man  is  of  more  value  than  the  few  shillings  requisite  to  secure  its  illumina- 
tion. And  let  the  cheering  watchwords  at  the  election,  be — "a  vote  against 
the  repeal  of  the  new  school  law,"  and  "A  contest  which  never  ends,  but  in 
glorious  triumph !  " 

To  all  we  say,  let  not  the  plaintive  wail  go  up  to  heaven  from  thousands 
upon  thousands  of  children  in  this  State,  in  November  next,  that  the  great 
State  of  New  York  shuts  the  doors  of  her  schoolhouses  in  the  faces  of  the 


FREE   SCHOOLS  333 

poor,  and  the  light  of  knowledge  from  their  souls.  Let  not  the  trying 
alternative  be  placed  before  the  poor,  intelligent,  refined  and  high-souled 
mothers  of  this  State,  to  be  certified  as  paupers,  or  have  their  children 
deprived  of  the  inestimable  blessing  of  a  school  education.  Let  this  cup  of 
bitter  agony  pass  from  them.  How  will  they  breathe  "  freer  and  deeper," 
when,  at  the  close  of  that  election,  the  shout  goes  up  from  the  glad  voices  of 
their  children,  "  Our  school  is  free!  " 

Mr.  E.  C.  Pomeroy  submitted  and  read  the  following  resolutions : 

1  Resolved,  That  this  institute  is  in  favor  of  free  schools. 

2  Resolved,  That  the  property  of  a  state,  should  educate  the  children  of  a 
state. 

3  Resolved,  That  as  the  system  of  free  education  we  advocate,  confers 
equal  benefits,  its  burdens  also  should  be  equal. 

4  Resolved,  That  we  are  in  favor  of  such  amendments  of  the  present  law, 
as  shall  eradicate  the  inequalities  of  the  system. 

5  Resolved,  That  a  vote  of  the  people  at  the  coming  election  in  favor  of  a 
repeal  of  the  new  school  law,  would  be  construed  'by  the  opponents  of  free 
education,  as  a  verdict  against  the  principle  of  free  schools. 

6  Resolved,  That  it  is  duty  of  the  friends  of  free  education,  to  vote 
"Against  the  repeal  of  the  new  school  law." 

7  Resolved,  That  we  heartily  approve  the  call  for  a  convention  of  the  town 
superintendents  of  this  county,  to  meet  at  the  city  hall,  in  Syracuse,  on 
Tuesday,  the  4th  day  of  June  next;  and  we  earnestly  invite  the  friends  of 
free  education  to  be  present  with  them  on  that  occasion. 

8  Resolved,  That  we  cordially  respond  to  the  call  for  a  state  convention  of 
the  friends  of  free  schools,  to  be  held  in  Syracuse  on  Wednesday,  the  12th  of 
June  next. 

9  Resolved,  That  we  recommend  a  county  and  state  organization  in  behalf 
of  the  cause  of  free  education,  which  shall  include  every  school  district. 

10  Resolved,  That  the  following  gentlemen,  residents  of  Syracuse,  are 
respectfully  invited  to  meet  pursuant  to  call,  and  act  for  the  time  being  upon 
matters  relating  to  state  and  county  organization,  to  wit: 

Alfred  H.  Hovey  James  Noxon 

Dudley  P.  Phelps  Amos  Westcott 

P.  H.  Agan  John  McCarthy 

Daniel  McDougall  Charles  Andrews 

R.  H.  Gardner  C.  B.  Scott 

Chas.  P.  Williston  S.  F.  Smith 

J.  W.  Barker  E.  T.  Hayden 

George  Goodrich  C.  A.  Wheaton 

Chas.  B.  Sedg^wick  John  W.  Jones 

George  Kellogg  Lewis  J.  Gillet 

J.  M.  Winchell  Daniel  Gott,  Jr. 

P.  Montgomery  James  Johonnot 

11  Resolved,  That  we  look  with  confidence  for  a  continued  support  of  the 
cause  of  free  schools  by  the  press  of  this  State  in  the  present  importaat 
crisis. 


334  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

12  Resolved,  That  the  newspapers  of  this  county  are  requested  to  publish 
the  address  of  the  institute,  and  the  accompanying  resolutions. 

After  remarks  by  several  members  of  the  institute,  the  address  and  resolu- 
tions, were  unaimously  adopted. 

Convention  of  Town  Superintendents  of  Onondaga  —  Free  Schools 

At  a  convention  of  the  town  superintendents  of  common  schools  of  the 
county  of  Onondaga,  held  at  the  city  hall,  Syracuse,  on  Wednesday,  April  17, 
1850,  pursuant  to  notice  —  W.  L.  Crandall,  as  superintendent  of  the  county, 
took  the  chair,  as  required  by  the  regulations  of  the  secretary  of  state,  and 
Samuel  D.  Luce,  of  Manlius,  was  chosen  secretary. 

On  motion  of  Mr  Noyes,  of  Otisco,  the  following  resolution  was  unani- 
mously adopted : 

Resolved,  That  the  several  town  superintendents  of  common  schools  of  the 
county  of  Onondaga,  are  requested  to  meet  at  the  city  hall  in  Syracuse,  on 
Tuesday,  the  4th  day  of  June  next,  to  take  into  consideration  the  action 
required  by  the  resu^bmission  of  the  free  school  law  to  a  vote  of  the  people. 

The  following  resolutions  were  offered: 

Resolved,  That  this  convention  is  in  favor  of  free  schools. 

Resolved,  That  whatever  may  be  the  defects,  in  detail,  of  the  present  free 
school  law,  we  shall  vote  to  retain  it,  as  the  only  means  of  manifesting  our 
friendship  for  the  glorious  principles,  that  the  property  of  a  state  should 
educate  the  children  of  a  state  —  trusting  to  the  future  for  all  desired 
amendments. 

Resolved,  That  we  recommend  that  a  state  convention  of  the  friends  of 
free  schools  be  held  at  the  city  hall,  in  the  city  of  Syracuse,  on  Wednesday, 
the  I2th  day  of  June  next,  at  10  o'clock  a.  m.,  with  a  view  to  organized  eflfort 
in  sustaining  the  honor  and  permanent  welfare  of  New  York,  which  are 
involved  in  the  decision  of  this  question.  , 

Resolved,  That  the  papers  of  this  county,  the  Albany  Argus,  Evening 
Journal,  Atlas  and  State  Register,  be  requested  to  copy  these  proceedings, 
and  that  the  other  newspapers  of  the  State,  friendly  to  free  schools,  are 
invited  to  copy  them,  or  at  least  the  resolution  recommending  a  state  con- 
vention. 

These  resolutions  called  out  considerable  conversation,  in  which  Messrs 
Wells  of  Pompey,  Luce  of  Manlius,  Frisbie  of  Clay,  Noyes  of  Otisco,  and 
several  others  participated.    The  resolutions  were  unanimously  adopted. 

Whereupon,  the  convention  adjourned  to  Tuesday,  the  4th  day  of  June  next, 
at  the  city  hall,  at  10  o'clock  a.  m. 

W.  L.  Crandall,  Chairman 
Samuel  D.  Luce,  Secretary 

—  Syracuse  Post  Standard,  April  19,  1850 

The  Free  School  Clarion  and  •'  Free  School  Pepper  Corns  " 

William  L.  Crandall  of  Syracuse  was  an  ardent  worker  for  the 

cause  of  free  schools  and  in  July  1850  announcement  was  made  that 

a  weekly  paper  called  "  The  Free  School  Clarion  "  would  be  issued 

for  the  express  purpose  of  creating  sentiment  to  oppose  the  repeal 


FREE   SCHOOLS  335 

of  the  free  school  act  at  the  election  of  1850.  The  following  docu- 
ments give  the  material  available  in  relation  to  the  Free  School  Clarion 
and  also  include  the  articles  called  "  Free  School  Pepper  Corns " 
which  were  undoubtedly  written  by  Mr  Crandall. 

While  no  biography  of  Mr  Crandall  has  been  found,  there  are 
occasional  references  to  him  in  newspapers  and  other  documents 
which  give  us  meagre  data  in  reference  to  him.  He  was  undoubtedly 
one  of  the  strongest  and  most  able  supporters  of  the  principle  that 
the  schools  of  the  State  should  be  free  to  all  the  children  of  the 
State.  In  a  letter  from  Deputy  State  Superintendent  S.  S.  Randall 
of  1850,  he  addresses  Mr.  Crandall  as  "  Clerk,  Board  of  Education, 
Syracuse."  He  was  chairman  of  a  convention  of  town  superintend- 
ents of  Onondaga  county  in  April  1850  and  the  Syracuse  Daily 
Standard  refers  to  him  as  "  superintendent  of  the  county  town."  In 
the  many  conventions  and  local  meeting  held  during  the  years  1846- 
51  by  the  friends  of  free  schools,  Mr.  Crandall  took  a  prominent  part. 
Between  the  holding  of  the  state  free  school  convention  of  July  1850 
and  the  election  of  that  year,  when  the  people  voted  on  the  resubmis- 
sion bill,  Kinny  and  Masters,  publishers  of  the  Syracuse  Daily  Star, 
authorized  Mr  Crandall  to  issue  a  publication  called  "  The  Free 
School  Clarion  "  to  stimulate  interest  in  the  free  school  movement. 
In  the  comments  on  this  publication  in  the  Binghamton  Democrat, 
Mr.  Crandall  is  referred  to  as  "  an  able  editor."  He  was  editor  at 
various  times  of  the  Syracuse  Journal,  the  Onondaga  Standard  and 
the  Onondaga  Democrat. 

Free  School  Pepper-Corns' 
No.  IV 

We  are  told  by  those  who  say  the  old  system  was  "  well  enough  "  that  that 
system  provided  for  the  school  education  of  those  not  able  to  pay  tuition  — 
and  therefore,  that  it  fulfilled  all  the  obligations  of  society  on  this  head. 

In  1849,  there  were  778,000  children  taught  in  the  common  schools  of  this 
State. 

And  16,900  were  exempted  from  paying  rate  bills !  —  and  for  them  62  cents 
apiece  was  paid  that  year  iby  the  "  property  of  the  State  "  for  tuition ! 

What  a  humbug  to  pretend  that  the  old  system  provided  suitable  school 
education  for  those  not  able  to  pay! 

Does  any  man,  with  either  a  grain  of  practical  knowledge  or  of  common 
sense,  believe  that  out  of  the  850,000  children  of  school  age  in  this  State,  only 
16,900  are  unable  to  pay  for  their  tuition? 

By  unable  to  pay  for  their  tuition,  I  mean  upon  whom  the  payment  of  it  is 
unreasonably  onerous.  The  man  —  a  day  laborer,  a  carpenter,  mason,  black- 
smith, shoemaker,  tailor,  printer  —  of  whatever  occupation  he  may  be  —  who 

'  These  articles  were  undoubtedly  written  by  Mr    W.   L.  Crandall. 


336  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

has  a  half  dozen  children  of  school  age,  all  of  whom  he  must  shelter,  feed, 
clothe,  pay  their  bills  in  sickness,  and  pay  his  own  expenses  out  of  the  earn- 
ings of  his  daily  toil,  has  a  right  to  the  aid  of  his  next  neighbor  worth  $5000 
or  $10,000  who  has  not  a  child  to  shelter  or  sustain  in  sickness  or  in  health  — 
or  even  if  he  has  an  equal  number,  but  has  this  superabundance  of  property 
compared  with  the  other.  Upon  the  former  school  tuition  is  an  unreasonable 
tax. 

Think  of  62  cents  a  year,  for  the  exempted  poor,  by  the  great  State  of 
New  York!  "Oh,  shame!  where  is  thy  blush?"  upon  the  cheek  of  the 
man  who  can  pretend  that  the  old  system  was  "  well  enough  "  for  a  day  like 
the  present,  when  the  maxim  is,  that  a  "  man's  a  man  "  and  that  money  is  not 
manhood. 

Peter  Ploughshare 
—  Syracuse  Daily  Star,  May  10,  1830 

No.  V 

Is  it  more  important  to  the  individual,  or  to  society,  that  the  child  of  a 
rich  man  should  be  educated,  than  it  is  that  the  child  of  a  poor  man  should 
be  educated? 

Peter  Ploughshare 

—  Syracuse  Daily  Star,  May  11,  1850 

No.  VI 

No  man  will  openly  maintain  that  a  good  education  is  more  important  to 
the  child  of  a  rich  man,  than  to  the  child  of  a  poor  man. 

It  being,  then,  universally  conceded,  that  it  is  of  the  utmost  importance 
to  society  that  all  should  be  well  educated,  who  is  prepared  to  deny  that  all 
should  be  educated  upon  the  same  platform? 

By  this  I  mean,  that  public  provision  should  be  made  for  the  thorough 
education  of  all.  If  any  choose  to  employ  private  teachers,  that  is  all  well 
enough.  They  are  entitled  to  do  so.  But  it  is  not  only  infamous  and  black- 
hearted to  require  that  a  child  be  officially  registered  as  a  pauper,  before  he 
can  have  free  schooling,  but  it  is  in  the  teeth  of  the  best  interests  of  society. 
It  is  calculated  to  degrade  those  thus  certified;  to  lessen  their  self-respect;  to 
lower  the  tone  of  their  ambition ;  to  diminish  their  enterprise ;  to  crush  their 
hopes;  to  excite  the  spirit  of  envy  and  hate. 

These  are  among  the  legitimate  fruits  of  the  plan  of  certified  juvenile  pau- 
perism provided  for  under  the  old  school  system. 

It  is  behind  the  age. 

You  can  not  find  a  man,  permitted  to  walk  in  respectable  circles,  who  is  so 
selfish  and  degraded,  as  to  deny  that  those  absolutely  unable  to  pay,  should 
be  exempted.  How  can  this  'be  done,  under  the  old  system,  except  by  the 
brand  of  pauperism?  A  hard-working  man,  with  half  a  dozen  children, 
feeds,  clothes,  shelters  them,  pays  their  doctors  bills,  and  by  the  most  unre- 
mitting toil,  and  the  most  rigid  economy  and  frugality  —  by  providing  the 
rudest  raiment  and  the  coarsest  fare,  such  as  the  rich  would  disdain  —  he  is 
able  to  keep  the  family  under  one  roof,  and  meet  his  payments  —  yet  he,  a 
man  who  is  a  man  in  the  noblest  sense  of  the  term,  an  honest  man,  who  does 
something  for  the  benefit  of  his  race,  is  to  be  publicly  recorded  as  a  pauper, 


FREE    SCHOOLS  337 

or  shoulder  the  additional  burthen  of  paying  for  the  tuition  of  all  those  chil- 
dren !  And  a  fusty  bachelor,  with  a  soul  just  large  enough  to  comprehend 
the  dimensions  of  his  pile  of  dollars,  or  a  miserable  miser  gloating  over  his 
thousands,  will  talk  to  you  of  the  injustice  of  their  paying  for  the  tuition  of 
those  children ! 

Peter  Ploughshare 

—  Syracuse  Daily  Star,  May  is,  1850 

No.  VII 

It  is  objected,  that  education  does  not  improve  the  moral  character  of  a 
people;  that  there  are  more  educated  than  uneducated  rascals;  that  the  crim- 
inal list  swells  with  the  diffusion  of  education. 

I  have  listened  to  this  objection  to  free  schools,  from  the  lips  of  a  lawyer 
and  politician,  within  the  three  weeks  past. 

I  never  heard  it,  however,  from  the  lips  of  a  man  who  was  not  educated. 
This  is  a  very  significant  fact. 

For  the  sake  of  the  argument,  we  will  grant  the  premises  of  this  class  of 
objectors !  The  answer  is  this :  It  is  conceded  that  education  gives  a  man 
more  power,  in  whatever  direction  he  exercises  his  talents.  Now,  if  the 
effect  of  education  is  to  develop  rascality,  we  respectfully  insist  that  no  priv- 
ileged class  shall  enjoy  a  monopoly  of  this  article;  that  all  shall  have  a  fair 
start.  We  insist  upon  equality.  We  object  to  one  child  being  fitted  to  cheat, 
while  the  balance  must  tamely  submit  to  be  cheated. 

If  education  is  calculated  to  make  men  scoundrels,  there  is  no  good  rea- 
son why  only  a  small  number  should  be  educated.  If  this  assumption  be  true, 
education  makes  of  one  portion  of  society,  beasts  of  prey,  and  the  remainder 
victims.  We  propose  that  all  be  thoroughly  educated.  Then  Turk  will  meet 
Turk — Greek  meet  Greek.  An  equipoise  will  be  established.  It  will  be 
"  diamond  cut  diamond,"  and  therefore  no  cutting  can  be  done.  The  several 
individuals  of  society  will  be  like  two  positive  or  two  negative  magnetic 
poles ;  being  kindred  and  equal  to  each  other,  they  mutually  repel  and  leave 
matters  in  statu  quo.  So  here.  If  all  have  equal  acquirements,  so  far  all 
will  have  equal  power:  one  can  not  harm  the  other:  and  we  would  thus, 
on  the  assumption  of  my  objector,  by  the  thorough  education  of  all,  at  least 
establish  negatively  a  system  of  practical  morality. 

Peter  Ploughshare 

—  Syracuse  Daily  Star,  May  14,  1850 

No.  VIII 

The  people  of  this  State  are  to  decide  by  their  votes  in  November  next, 
whether  or  not  New  York  shall  have  free  schools. 

Upon  this  question,  every  citizen  of  the  State  has  a  vote. 

The  act  submitting  the  present  free  school  law  to  a  vote  of  the  people  the 
coming  November,  is  a  piece  of  the  most  cold-blooded,  heartless  villainy, 
ever  perpetrated  by  the  Legislature  of  this  State. 

This  is  strong  language,  if  true ;  if  untrue,  it  is  very  weak.  In  the  course 
of  one  or  two  dozen  numbers,  I  shall  give  facts  which  will  enable  every  one 
to  judge  for  himself. 

Peter  Ploughshare 

—  Syracuse  Daily  Star,  May  15,  1850 
22 


338  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

No.   IX 

In  1846,  when  it  had  been  determined  that  a  new  constitution  should  be 
framed  for  New  York,  an  effort  was  made  to  incorporate  in  it  a  free  school 
provision. 

A  state  convention  of  county  superintendents  was  held  in  Albany,  in 
May,  1846,  which  was  attended  by  Horace  Mann,  Gov.  Eaton,  of  Vermont, 
and  other  able  and  distinguished  men  —  all  of  whom  advocated  free  schools. 
S.  S.  Randall,  the  able  and  zealous  deputy  state  superintendent,  presided 
over  the  convention.  The  convention  resolved  in  favor  of  free  schools,  and 
resolved  to  memorialize  the  constitutional  convention. 

The  constitutional  convention  did  adopt  an  article  providing  for  free 
schools;  but,  just  prior  to  the  adjournment,  struck  it  out. 

Peter  Ploughshare 

—  Syraaisc  Daily  Star,  May  16,  1850 

No.  X 

The  hopes  of  the  friends  of  free  education  in  this  State,  were  dashed  in 
an  instant,  by  this  one  rash  and  extraordinary  act  of  the  constitutional  con^ 
vention.     It  astonished  everybody,  and  has  never  been  explained. 

During  the  winter  of  1849,  a  vigorous  movement  in  behalf  of  free  schools, 
was  made  in  the  Legislature.  It  resulted  in  the  passage  of  the  present  school 
law  of  the  State.  The  act  provided  that  it  should  be  passed  upon  by  the 
people  at  the  election  in  November,  and  that  if  more  ballots  were  cast  for 
than  against  it,  it  should  become  a  law. 

The  vote  stood  249,872  for  the  new  school  law;  91,951  against  it;  making 
the  majority  for  the  new  law,  157,921. 

Such  is,  in  brief,  the  history  of  free  school  legislation  in  this  State,  up  to 
the  1st  January,  1850,  when  the  present  Legislature  assembled  at  Albany. 

Peter  Ploughshare 

—  Syracuse  Daily  Star,  May  17,  1850 

No.  XI 

We  have  now  brought  the  free  school  legislation  of  the  State  up  to  the 
time  of  the  meeting  of  the  present  Legislature  in  January  last. 

That  body  assembled  just  two  months  after  the  people  had  ratified  the 
present  law  by  158,000  majority. 

What  are  we  to  understand  by  that  expression  of  the  popular  will?  What 
were  the  members  of  the  Legislature  to  understand  by  it?  —  and  what 
should  have  been  the  action  of  honest  men  upon  that  understanding? 

It  is  this :  The  249,872  who  voted  "  For  the  New  School  Law  "  are  to  be 
set  down  as  so  many  men  unqualifiedly  in  favor  of  the  principle,  that  "  the 
property  of  a  state  should  educate  the  children  of  such  state."  Had  they 
been  opposed  to  this  principle,  they  would  not  have  voted  for  the  law.  Excep- 
tions are  possible ;  but  they  can  be  proven  only  by  establishing  the  stupidity 
of  the  voter  who  constitutes  the  exception. 

As  to  the  91,951  who  voted  last  November  against  the  law,  it  can  not  be 
assumed  safely  that  they  were  all  opposed  to  this  principle.  Their  hostility, 
in  some  cases,  may  have  sprung  from  objections  to  the  details  of  the  present 
law. 


FREE    SCHOOLS  339 

Take  any  view  which  reason  can  sanction,  and  the  expression  by  the  people 
for  the  principle,  was  overwhelming. 

Peter  Ploughshare 
—  Syracuse  Daily  Star,  May  i8,  1850 

No.  XII 

In  my  last  number,  I  brought  the  history  of  free  school  legislation  down 
to  the  meeting  of  the  Legislature  on  the  first  of  January  last. 

It  was  shown,  that  on  the  6th  of  November  previous,  the  people  of  the 
State  had  adopted  the  present  law  by  158,000  majority. 

Now,  what  was  the  language  of  that  vote  to  the  Legislature?  Was  it  not 
that  by  a  vote  of  almost  three  to  one,  the  people  desired  the  present  law? 

Well,  what  was  the  next  step?  It  appears  that  when  the  law  went  into 
effect,  some  of  its  practical  details  were  found  to  be  of  a  character  to  dis- 
appoint most  of  those  who  voted  for  the  law. 

There  were  92,000  who  voted  against  the  law ;  and  during  the  last  session 
15,000  petitioners  to  the  Legislature,  requested  the  repeal  or  modification  of 
the  law. 

Now,  which  was  to  be  taken  as  the  true  and  real  expression  of  the  wish 
of  the  people  of  this  State?  Was  the  158,000  majority  at  an  election,  or 
was  the  expressed  wish  of  15,000  by  petition,  to  be  taken  as  that  expression? 

If  they  say  the  158,000  majority,  then  why  did  not  they  permit  the  law  to 
remain  unaltered? 

If  they  say  the  15,000  petitioners  gave  the  true  expression,  why,  in  the 
name  of  common  sense,  did  they  not  obey  it?  Why  did  not  they  repeal  or 
modify  the  law,  as  requested? 

Will  one  of  those  recreant  Senators  stand  up  and  tell  the  people  why  he 
did  not  either  obey  the  158,000  majority,  or  else  the  15,000  who  petitioned? 
Or,  in  other  words,  why  he  disobeyed  both? 

Not  one  of  them  will  tell.  Not  one  dare  tell.  Not  one  of  them  all,  has 
the  moral  courage  to  tell.  For  no  man  who  had  not  the  courage  to  let  that 
law  remain,  or  to  insist  on  its  modification,  or  to  vote  for  its  repeal,  has  the 
courage,  after  he  has  deli'berately  betrayed  800,000  children,  to  stand  up  and 
give  the  reasons  of  that  betrayal. 

In  my  next  I  will  give  a  glance  at  the  reasons  why  this  betrayal  is  unparal- 
leled in  moral  turpitude  by  any  other  act  in  the  history  of  legislation  in  this 
State. 

Peter  Ploughshare 
—  Syracuse  Daily  Star,  May  28,  1850 

To  the  Press  of  the  State 

It  will  be  seen  that  every  newspaper  in  the  State  is  requested  to  copy  the 
following  notice.  A  more  reasonable  request  could  not  well  be  made.  It 
will  be  complied  with.  We  do  not  believe  there  is  a  paper  in  the  State,  which 
will  not  promptly  and  cheerfully  publish  this  call. 

It  will  be  seen  that  the  opponents  of  free  schools,  are  invited  to  discuss 
the  question.  The  convention  will  be  a  strong  one.  Strong  men  have  already 
promised  to  be  there.    It  will  be  a  pleasant  and  interesting  occasion : 


340  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Free  School  State  Convention 
To  the  People  of  New  York: 

The  question  whether  the  State  of  New  York  shall,  or  shall  not,  have  free 
schools,  is  to  be  decided  at  the  polls  in  November  next.  It  is  a  question  of 
great  moment.  Its  decision  involves  vast  results.  It  will  affect  to  an  extent 
not  fully  appreciated,  the  physical,  intellectual,  social  and  moral  interests  of 
the  State.  In  a  word,  the  Empire  State  is  to  be  dishonored,  or  to  be  elevated, 
by  that  vote. 

This  question  must  be  discussed.  Organization  is  indispensable.  We 
therefore  join  in  the  call  for  a  state  convention  of  the  friends  of  free  schools, 
to  be  held  at  Syracuse  on  Wednesday,  the  12th  day  of  June  next,  at  10  o'clock 
a.  m.  We  invite  the  opponents  of  free  schools  to  present  their  views  of  the 
question  in  debate. 

Invitations  will  be  extended  to  quite  a  number  of  the  most  able  and  dis- 
tinguished friends  of  universal  education,  in  this  and  other  states. 

We  respectfvilly  ask  of  every  editor  of  a  newspaper  in  this  State,  at  least 
one  early  insertion  of  this  call,  and  such  notice  as  he  shall  deem  fitting. 

A.  H.  HovEY  Wm.  Jackson 

Daniel  Pratt  Amos  Westcott 

Dudley  P.  Phelps  John  W.  Barker 

Charles  B.  Sedgwick  Charles  A.  Wheaton 

John  McCarthy  Joseph  A.  Allen 

Wm.  H.  Hoyt  Q.  a.  Johnson 

John  W.  Jones  Lewis  J.  Gillet 

P.  Montgomery  George  C.  Kellogg 
Daniel  McDougall                         '      James  Jahonnot 

J.    M.   WiNCHELL  E.  C.  PoMEROY 

P.  H.  Agan  Charles  P.  Williston 

S.  F.  Smith  C.  B.  Scott 

R.  H.  Gardner  W.  L.  Crandall 


Syracuse,  May  17,  1850 


Committee 
Syracuse  Daily  Star,  May  18,  1850 


That  the  signers  of  the  call  for  the  free  school  convention  were 
representative  citizens  of  Syracuse  is  indicated  by  the  following  items 
in  relation  to  them : 

Alfred  H.  Hovey  —  Mayor  of  Syracuse  in  1850 

Daniel   Pratt — Judge  of   the    Supreme  Court   in    1850  and  later 

became  Attorney  General  of  the  State 
Dudley  P.  Phelps — A  leading  attorney  who  later  became  county 

treasurer 
Charles   B.    Sedgwick  —  One    of    the   attorneys    who    drafted    the 

original  charter  for  Syracuse ;  later  was  elected  to  Congress 
Dr  William  H.  Hoyt — A  prominent  physician 
Patrick  H.  Agan  —  One  of  the  founders  of  the  Syracuse  Standard 

and  its  political  editor  for  twenty  years;  county  treasurer  and 

postmaster 


FREE   SCHOOLS  34^ 

S.  F,  Smith  —  Postmaster  of  Syracuse;  at  one  time  proprietor  of 

the  Syracuse  Standard 
Roland  H.  Gardner  —  District  attorney  in  1850 
WilHam  Jackson  — At  one  time  postmaster  of  Syracuse 
Dr   Amos   Westcott — A   civil   engineer,   who   later   qualified   as   a 

physician  and  dentist.     At  one  time  mayor  of  Syracuse 
John  W.  Barker  —  Director  of  Third  National  Bank ;  member  of 

the  Onondaga  Creek  Commission 
Charles  A.  Wheaton  — A  prominent  citizen  at  one  time  president  of 

the  board  of  education 
Joseph  A.  Allen — A  well-known  teacher  of  this  time 
Charles  Williston — At  one  time  mayor  of  Syracuse 
William  L.   Crandall  —  Editor  at  different  times  of   the   Syracuse 

Journal,  the  Onondaga  Standard  and  the  Onondaga  Democrat; 

published  the  Free  School  Clarion 

Shall  New  York  Have  Free  Schools? 
This  is  a  question  of  great  moment,  and  it  is  one  which  the  people  of  this 
State  will  (be  called  to  vote  upon  in  November.  At  the  first  thought,  it  is 
impossible  to  suppose  there  could  be  any  other  than  a  most  emphatic  affirma- 
tive response  to  such  a  question.  Yet  it  is  feared  unless  the  friends  of  edu- 
cation are  energetic  and  alive  to  this  subject,  that  it  will  be  defeated  through 
negligence,  rather  than  from  an  organized  or  formidable  opposition.  The 
future  great  moral,  social,  political,  and  pecuniary  interests  of  New  York 
are  more  directly  involved  in  the  issue  of  this  question,  than  in  almost  any 
other  ever  presented  for  the  consideration  of  its  citizens.  We  are  glad  to 
notice  that  a  free  school  state  convention  has  been  called  at  Syracuse,  to  be 
held  on  the  12th  of  June.  The  subject  will  be  alluded  to  more  in  detail  here- 
after.—  Oswego  Times.     From  Syracuse  Daily  Star,  May  23,  1850 

Free  School  State  Convention 
Postponement 

To  Wednesday,  loth  day  of  July 

To  the  People  of  New  York: 

Correspondence  with  warm  friends  of  free  schools  in  different  sections 
of  the  State,  has  induced  the  committee,  in  accordance  with  the  views  of 
those  gentlemen,  and  to  enable  some  to  attend,  to  postpone  the  day  of  hold- 
ing the  New  York  free  school  state  convention,  at  Syracuse,  to  Wednesday, 
the  tenth  of  July  next,  at  10  o'clock,  a.  m. 

The  Albany  Argus,  Evening  Journal,  Albany  Atlas,  and  Albany  State 
Register,  are  respectfully  requested  to  give  this  notice,  entire,  an  immediate 
insertion  in  their  columns,  in  order  to  bring  it  before  their  exchanges 
throughout  every  county  in  the  State;  and  to  insert  it  in  their  semiweekly 
and  weekly  editions. 

All  other  editors  in  the  State —:  whether  friendly  to  a  free  school  system, 
or  opposed  to  it  —  are  also  respectfully  requested  to  give  this  notice  an  inser- 


342               THE   UNIVERSITY  OF    THE    STATE    OF    NEW    YORK 

tion  —  that  all  who  desire  to  participate  in  the  doings  of  that  gathering,  may 

have  due  notice  thereof. 

A.  H.  HovEY  Wm.  Jackson 

Daniel  Pratt  Amos  Westcott 

Dudley  P.  Phelps  John  W.  Barker 

Charles  B.  Sedgwick  Charles  A.  Wheaton 

John  McCarthy  Joseph  A.  Allen 

Wm.  H.  Hoyt  Q.  a.  Johnson 

John  W.  Jones  Lewis  J.  Gillet 

P.  Montgomery  George  C.  Kellogg 

Daniel  McDougall  James  Jahonnot 

J.  M.  Winchell  E.  C.  Pomeroy 

P.  H.  Agan  Charles  P.  Williston 

S.  F.  Smith  C.  B.  Scott 

R.  H.  Gardner  W.  L.  Crandall 

Committee 


Syracuse,  May  so,  1850 


—  Syracuse  Daily  Star,  May  31,  1850 


N.  Y.  Free  School  State  Convention 
Circular 

Syracuse,  May  18,  1830 
Dear  Sir: 

As  you  are  doubtless  well  aware,  the  Legislature  of  the  State  of  New  York, 
at  its  recent  session,  passed  an  act  resubmitting  the  present  free  school  law 
to  a  vote  of  the  people  at  the  state  election  to  be  held  in  November  next. 

The  free  school  law  was  passed  by  the  Legislature  at  the  session  of  1849. 
It  contained  a  provision,  that  it  should  be  voted  on  by  the  people  of  the  then 
next  state  election  —  and  that  the  act  should  become  a  law,  provided  a 
majority  of  all  the  votes  cast  on  the  question  should  be  in  its  favor.  The  vote 
stood  249,872  for  the  new  law;  91,951  against  it;  majority  for  the  law, 
157,921. 

The  present  law  went  into  operation  about  the  middle  of  November  last; 
and  on  the  loth  of  April,  the  Legislature  passed  the  act  to  resubmit  it! 
About  15,000  petitioned  for  a  repeal  or  modification  of  the  law,  and  none  for 
resubmission ! 

The  friends  of  free  education  are  greatly  embarrassed  by  this  action  of 
the  Legislature.  It  was  frankly  conceded  by  the  real  friends  of  free  schools, 
in  the  Legislature,  that  the  present  law  is  not  such  as  they  desire.  The  same 
position  is  taken  by  the  enlightened  friends  of  the  cause  out  of  the  Legis- 
lature. The  law  has  been  demonstrated  by  practical  experience,  to  be  unequal 
in  its  distribution  of  benefits  and  burdens.  Why  should  such  a  law  be  sub- 
mitted to  a  vote?  — a  law  which  neither  the  enemies  nor  the  friends  of  free 
schools  any  longer  desire? 

In  other  words,  the  Legislature  have  submitted  to  a  vote  of  the  people,  a 
law  the  details  of  which  the  friends  of  free  schools  do  not  approve.  But 
the  fate  of  the  great  principle  for  which  we  contend,  that  "  The  Property  of 
a  State  should  Educate  the  Children  of  a  State,"  is  involved  in  the  fate  of 
that  law.    The  burden  cast  by  the  Legislature  upon  the  friends  of  free  edu- 


FREE  SCHOOLS  343 

cation  —  the  outrage  perpetrated  by  this  resubmission,  upcn  the  dearest  inter- 
est of  the  poor  —  is  seen  at  a  glance.  Like  one  of  old,  they  compel  us  to 
"  make  brick  without  straw." 

It  is  under  these  circumstances,  we  appeal  to  you  to  lend  the  weight  of 
your  character,  talents  and  counsel,  to  the  cause  of  free  educatipn  in  this 
State,  at  this  moment  of  its  greatest  peril,  by  attendance  upon  the  state  con- 
vention of  the  friends  of  free  schools,  to  be  held  at  Syracuse,  on  Wednesday, 
the  loth  of  July  next,  at  10  o'clock  a.  m.  This  invitation  will  be  extended 
to  quite  a  number  of  able  and  distinguished  friends  of  universal  education 
in  this  and  other  states,  and  to  some  opponents  of  free  schools. 

You  are  respectfully  requested  to  furnish  us  your  reply  at  the  earliest 
practicable  moment.  And  allow  us  to  appeal  to  you,  on  behalf  of  the  value 
of  the  interests  involved,  that  that  answer  be  an  acceptance. 

Very  respectfully 

Your  obedient  servants 

(Signed  by  the  Syracuse  Free  School  Committee  —  A.  H.  Hovey,  Chair- 
man, W   L.   Crandall,   Secretary.) 

—  Syracuse  Daily  Star,  May  31,  1850 

Free  School  Notice 

"  The  friends  of  free  schools  in  the  second  assembly  district  of  this 
county,  are  requested  to  meet  in  convention  on  Saturday,  the  8th  of  June,  at 
the  home  of  T.  W.  Bingham,  in  the  village  of  Canajoharie,  for  the  purpose 
of  appointing  delegates  to  attend  the  state  free  school  convention,  to  be  held 
at  Syracuse  on  the  12th  of  June.  It  is  hoped  the  friends  of  free  schools  of 
the  several  towns  in  this  district,  will  see  that  the  towns  are  fully  repre- 
sented. 

"Fort  Plain,  May  25,  1830." 

We  cheerfully  give  place  to  the  above,  and  avail  ourself  of  the  opportunity 
to  urge  the  friends  of  free  schools  to  be  up  and  doing.  We  have  not  the 
remotest  idea  that  the  present  free  school  act  will  be  repudiated  by  the  peo- 
ple, if  a  proper  attention  is  given  to  the  subject;  but  we  wish  to  see  it  sus- 
tained by  even  a  larger  majority  than  before,  and  trust  to  the  wisdom  of  a 
future  Legislature  to  correct  the  imperfections  which  have  emboldened  its 
enemies  to  clamor  for  its  repeal.  Let  the  friends  of  the  system  beware,  for 
a  verdict  against  this  act  will  be  claimed  as  a  verdict  against  the  principle 
itself,  and  it  will  require  the  labor  of  years  to  secure  the  passage  of  another 
act. —  Canajoharie  Radii,  May  30,  1850 

Free  School  Convention 

On  the  17th  of  April  last,  the  county  convention  of  town  superintendents  of 
common  schools  of  this  county,  resolved  that  they  would  hold  a  convention 
this  day,  to  take  into  consideration  the  free  school  question,  as  presented  by 
the  Legislature. 

The  convention  will  meet  at  the  city  hall,  this  morning,  at  10  o'clock.  The 
friends  and  the  enemies  of  free  schools  are  invited  to  attend  and  to  express 
their  sentiments  touching  the  question.— 5"yracMJ^  Daily  Star,  June  4,  1830 


344  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

County  Convention  of  Town  Superintendents 
At  a  convention  of  the  town  superintendents  of  common  schools  of  the 

county  of  Onondaga,  held  at  the  city  hall,  in  Syracuse,  on  Tuesday,  the  4th 

day  of  June,  1850,  A.  H.  Wells,  of  Pompey,  was  called  to  the  chair,  and 

S.  D.  Luce  of  Fayctteville,  chosen  secretary. 
On  motion,   Mr  Noyes,  of  Otisco,   Mr  Truesdell,  of   Camillus,  and  Mr 

Crandall,  of   Syracuse,  were  appointed  a  committee  on  county  organization 
After  considerable  conversation,  as  to  the  condition  of  the  question,  the 

convention  took  a  recess  till  2  o'clock. 

Afternoon  Session 

The  majority  of  the  committee  —  consisting  of  Messrs  Noyes  and  Crandall 
—  submitted  a  written  report,  upon  the  necessity  of  organization,  and  a  plan 
to  carry  it  out. 

The  committee  unanimously  reported  a  series  of  resolutions. 

Whereupon,  on  motion  of  Mr  Truesdell,  the  resolutions  were  unanimously 
adopted. 

An  animated  discussion  was  then  had  upon  a  motion  to  adopt  the  report 
of  a  majority  of  the  committee,  which  lasted  several  hours,  in  which  Messrs 
Truesdell,  Crandall,  Rexford,  C.  Andrews,  Noyes,  S.  E.  Andrews,  Truair, 
and  E.  C.  Pomeroy  took  part,  when,  after  some  amendments,  the  report 
of  the  majority  of  the  committee,  was  unanimously  adopted,  as  follows : 

The  committee  on  county  organization,  beg  leave  respectfully  to  report 

That  the  necessity  of  a  thorough  organisation,  prises  from  the  fact  that 
the  Legislature  has  presented  the  free  school  question  to  the  people  of  the 
State,  under  a  false  issue.  That  false  issue,  is  all  against  the  cause  of  free 
schools. 

The  House  of  Assembly  passed  a  bill,  by  a  vote  of  69  to  30,  for  raising 
by  a  tax  upon  the  property  of  the  whole  State,  the  sum  of  $800,000  per 
annum,  to  be  divided  among  the  school  districts  of  the  State. 

It  will  be  seen  by  this,  that  69  members  of  the  Assembly  were  in  favor  of 
a  bountiful  provision  by  the  State,  for  the  free  education  of  all  the  children 
of  the  State,  upon  terms  of  equality.  With  this,  or  some  other  law,  pro- 
viding for  tlie  free  education  of  all  the  children  of  the  State,  at  the  expense 
of  the  State,  and  bearing  equally  upon  all,  an  overwhelming  majority  of  the 
people  would  be  pleased.  It  is  the  principle  which  will  be  adopted.  In  voting 
for  —  and  in  resustaining  —  the  present  law,  the  friends  of  free  schools 
intend  to  secure  eventually  a  system  which  shall  bear  equally  upon  all  the 
property  of  the  State. 

But  what  did  the  Senate  do?  Some  weeks  before  the  close  of  the  session, 
that  body  passed  the  bill  resubmitting  the  present  law,  to  a  vote  at  the  next 
election.  That  body  steadily  refused  to  pass  any  amendments.  All  the 
friends  of  free  schools  in  the  Senate  and  Assembly,  were  in  favor  of 
amendments.  Petitions  were  sent  in,  in  favor  of  amendments.  What  did 
all  this  argue?  Did  it  not  show,  conclusively,  that  the  friends  and  enemies 
of  free  schools,  in  and  out  of  the  Legislature,  desired  to  have  the  present 
law  altered?  Certainly.  Why,  then,  should  they  have  submitted  such  a 
law  to  a  vote  of  the  people?  What  did  those  Senators  —  those  who  voted  for 
resubmission  —  mean  by  voting  to  resubmit  this  law?     What  end  did  they 


FREE   SCHOOLS  345 

expect  to  have  attained  by  it?  The  friends  of  free  schools,  in  the  action, 
had  declared  themselves  dissatisfied  with  this  law.  There  were  petitions  from 
the  people  to  have  it  amended  by  the  Legislature.  But  there  were  no 
petitions  to  have  the  law  remain  as  it  was.  What,  then,  was  to  be  the 
language  of  a  vote  by  the  people  on  this  law?  Senators  knew  that  the 
people,  if  they  voted  to  sustain  the  law,  would  wish  —  the  first  thing  —  to 
have  it  amended.  They  knew  that  a  vote  "  For  the  New  Free  School  Law " 
would  not  be  a  vote  to  keep  the  present  law  on  the  statute  book.  And  they 
knew,  also,  that  a  vote  against  sustaining  the  present  law  would  be  construed 
by  the  enemies  of  free  schools,  as  against  the  principles  of  free  schools. 

Now,  did  they  not  well  know,  that  the  manner  in  which  the  question  was 
placed  by  them  before  the  people  of  the  State,  was  likely  to  induce  some 
who  were  in  favor  of  educating  the  children  of  the  State  by  the  property 
of  the  State  to  vote  no,  on  account  of  their  objections  to  the  present  law? 

This  matter  is  so  plain,  that  no  answer  is  needed.  But  action  is  needed, 
to  save  the  principle  from  the  assaults  of  ignorance,  prejudice,  and  mammon ! 
And  this  action  cannot  be  successful,  without  county  and  town  organization. 

For  this  purpose  we  recommend  that  an  executive  committee  be  appointed 
to  consist  of  three,  to  be  located  at  Syracuse. 

That  one  man  be  appointed  in  each  town,  to  correspond  for  the  town  with 
the  executive  committee. 

That  town  associations  of  the  friends  of  free  education  be  organized  in 
every  town,  with  a  view  to  discussion  of  the  free  school  question  in  all 
its  aspects. 

The  hope  of  the  friends  of  free  education  in  this  State,  lies  in  the 
dissemination  of  facts  and  correct  views  of  the  question,  and  of  the  arguments 
and  appeals  which  naturally  spring  from  these  facts.  The  heart  of  the 
people  is  right;  and  the  pride  of  every  true  son  of  New  York,  should  lead 
him  to  look  with  scorn  upon  the  idea  of  one  retrograde  step  by  this  great 
State  —  an  empire  in  itself,  and  an  example  to  the  Union  and  the  world  — 
upon  a  question  which  more  than  any  other  than  can  be  named,  involves  its 
honor  and  reputation,  not  only  at  home,  but  with  all  the  civilized  com- 
munities of  the  globe. 

Resolutions 

1  Resolved,  That  we  are  in  favor  of  free  schools. 

2  Resolved,  That  the  property  of  a  state  should  educate  the  children  of  a 
state;  and  that  such  a  system  is  the  cheapest  insurance  ever  paid  by  property 
for  the  security  of  life,  personal  rights,  and  of  property  itself. 

3  Resolved,  That  we  are  in  favor  of  paying  the  tuition  of  the  children  of 
the  State,  by  a  tax  upon  the  property  of  the  whole  State. 

4  Resolved,  That  taxable  property  is  produced  by  labor ;  and  that  therefore, 
the  laborers  of  the  State,  who  earn  its  property,  but  who  do  not  generally 
accumulate  much  of  it,  are  entitled  to  the  education  of  their  children  by  the 
property  thus  earned. 

5  Resolved,  That  the  friends  of  free  schools  in  every  town  and  neighbor- 
hood of  the  county,  should  make  arrangements  for  holding  meetings,  and 
securing  addresses  and  discussions  upon  the  subject  of  free  schools,  prior  to 
the  coming  election. 


346  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Executive  Committee 
On  motion  of  Mr  Truesdell,  Messrs  Hiram  Putnam,  Steuben  Rexford,  and 
W.  L.  Crandall,  were  appointed  the  executive  committee. 

Town  Committees 
In  pursuance  of  the  recommendation  of  the  report  on  county  organization, 
the  following  committees  of  one,  were  appointed: 

Camillus    D.  C.  LeRoy 

Elbridge    Dr  Williams 

Van  Buren Chauncey  Goodrich 

Lysander H.  G.  McGonegal 

Clay   D.  G.  Frisbie 

Cicero    C.  C.  Newcomb 

Onondaga  Norman  Green 

Pompcy  A  H.  Wells 

Otisco    Benjamin  J.  Cowles 

Spafford    Town  Superintendent 

Salina    Dr.  C.  S.  Sterling 

Geddes  E.  W.  Curtis 

Manlius  S.  D.  Luce 

DeWitt    .•.  Thomas  H.  Wands 

Tully    Myron  Wheaton 

Lafayette Mr  Goodell,  Town  Supt. 

Skaneatcles    Mr  Hammond,  Town  Supt. 

Fabius    S.  C.  Harris 

Marcellus    Dr  Cowles 

On  motion,  Resolved,  That  the  proceedings  be  published  in  the  newspapers 
of  this  county,  and  that  S.  E.  Andrews,  T.  S  Truair,  and  W  L.  Crandall,  be 
a  publishing  committee 

Whereupon,  the  convention  adjourned  to  Wednesday,  the  loth  day  of 
July,  at   10  o'clock  a.  m. —  the  day  and  hour  of  the  state  convention. 

A.  H.  Wells,  Chairman 
S.  D.  Luce,  Secretary 

—  Syracuse  Daily  Star,  June  lo,  185 

Free  School  State  Convention 
Letter  from  Bishop  Potter 

Philadelphia,  May  29,  1850 
My  Dear  Sir: 

Your  letter  of  the  21st  inst.  reached  me  when  I  was  so  much  engaged  in 
duties  of  pressing  necessity,  that  I  have  been  obliged  to  postpone  a  reply. 
I  regret  that  an  indispensable  engagement  in  the  city  of  New  York,  for  the 
13th  of  June  —  made  some  time  since  —  will  deprive  me  of  the  pleasure  of 
being  present  at  your  proposed  convention.  If  I  had  not  unlimited  confidence 
in  the  good  feeling  of  my  former  fellow  citizens,  I  should  doubt  whether 
they  would  relish  the  active  participation  by  one  from  another  state  in  public 
questions  of  such  great  and  all  absorbing  interest.     Did  my  engagements 


FREE  SCHOOLS  *         347 

permit,  however,  I  should  be  much  inclined  to  put  their  magnanimity  to  the 
test.  Since  I  left  your  State,  I  have  not  bestowed  much  reflection  upon  the 
subject  of  free  schools,  nor  have  I  examined  the  provisions  of  your  late 
law  providing  for  their  establishment.  But  as  advised  at  present,  I  should 
say  to  all  the  friends  of  universal  education,  stand  by  the  fundamental 
principle  of  that  law,  but  promptly  correct  all  its  defects. 

To  charge  the  property  of  the  State  with  the  expense  of  educating  its 
children,  seems  to  me  to  be  as  much  for  the  interest  of  capital  as  for  labor. 
It  is  a  recognition  by  the  State,  too,  of  its  highest  and  most  solemn  duties. 
It  is  the  readiest  way  of  rendering  schools  both  accessible  and  acceptable 
to  all;  and  it  will  entitle  the  Legislature  to  assert  a  power  which  may  be 
requisite  —  the  power  of  exacting  the  attendance  at  schools  of  certain 
children  who  most  need  but  are  least  likely  to  receive,  the  nursing  care 
which  good  schools  alone  can  give.  In  recognizing  this  principle,  New  York 
has  done  herself  great  honor.     Long  may  it  be  before  she  renounces  it. 

In  great  haste 

I  am,  dear  sir 
Yours,  most  truly 

Alonzo  Potter* 
Replies 
The  following  replies  have  thus  far  been  received.     The  reader  will  bear 
in  mind,  that  it  is  quite  probable  some  who  could  not  be  here  on  the  12th 
of  June,  will  be  here  on  the  loth  of  July: 

From  Gov.  Seward 

"  Washington,  May  24,  1850 
Gentlemen  : 

If  the  nature  of  my  duties  here  were  such  as  to  allow  me  to  be  absent  from 
Congress,  I  would  most  cheerfully  and  gratefully  accept  your  invitation  to 
attend  the  free  school  state  convention. 

But  I  could  not  do  so  with  propriety,  nor  perhaps  without  hazarding  too 
important  public  interests. 

I  pray  to  be  assured,  that  I  regard  the  principle  upon  which  you  insist, 
as  one  of  vast  importance  to  the  public  welfare  and  the  best  interests  of 
mankind;  and  that  I  sincerely  hope  that  the  deliberations  of  the  convention, 
may  result  in  the  adoption  of  such  details  of  administration  as  may  com- 

*  The  Rt.  Rev.  Alonzo  Potter  D.D.  LL.D.,  the  first  president  of  the  American  Asso- 
ciation for  the  Advancement  of  Education,  was  born  of  parents  who  were  from  Rhode 
Island,  in  Dutchess  cotinty,  New  York,  in  1800  and  died  in  San  Francisco.  Cal.,  July 
4,  1865.  After  attending  the  common  schools  of  his  town  until  he  was  fourteen,  he 
received  his  college  preparation  in  an  academy  in  Poughkeepsie  and  was  gp-aduated  from 
Union  College  in    1818. 

He  then  commenced  teaching  in  Philadelphia  and  was  the  following  year  called  to 
Union  College  as  tutor.  He  held  the  chair  of  mathematics  and  natural  philosophy  from 
1 82 1  to  1826,  when  he  became  rector  of  St.  Paul's  Church  in  Boston.  In  1831,  on 
solicitation  of  his  father-in-law.  President  Nott  of  Union  College,  he  returned  to  the 
college  as  its  vice  president,  which  office  he  held  until  1845,  when  he  was  elected  bishop 
of  the  diocese  of  Pennsylvania. 

As  a  college  officer  and  teacher,  he  was  said  to  have  no  superior  in  the  thorough- 
ness of  his  instruction.  It  is  also  said  that  no  man  of  his  day  did  more  to  promote 
the  cause  of  popular  education  and  religious  philanthrophy.  He  was  the  adviser  of  the 
state  department  at  .Mbany  and  was  prominent  in  all  movements  for  the  improvement 
of  the  schools.  He  was  the  author  of  several  educational  works  and  a  much  sought- 
for  speaker  and  counselor  at  all  county,  state  and  national  school  conventions. 


348  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

mend  the  principle  to  the  general   favor  of   the  people  of  our  great  and 
flourishing  State. 
I  am,  with  great  respect 

Your  humble  servant 

William  H.  Seward 
A.  H.  Hovey,  W.  L.  Crandall,  and  others,  committee." 

From  J.  A.  McM aster 
Office  of  the  Freeman's  Journal 

New  York,  May  23,  1850 
Gentleman  : 

I  this  morning  received  a  copy  of  the  circular  you  have  addressed,  calling 
for  a  state  convention  at  Syracuse  to  consider  the  new  law  for  free  schools. 
I  suppose  that  it  is  as  one  of  the  earliest  and  most  constant  opponents  of 
the  New  Law  that  you  have  had  the  courtesy  to  invite  me;  and  in  appreci- 
ation of  that  courtesy,  I  make  haste  to  accept  the  invitation.  I  will  be  in 
Syracuse  on  the  12th  proximo,  if  not  unavoidably  prevented,  for  the  purpose 
of  hearing  what  the  friends  of  the  law  have  to  say;  and,  perhaps,  if  agree- 
able to  you  and  to  them,  to  state  in  few  and  simple  terms  the  grounds  of 
my  objections  to  it. 
I  remain,  very  respectfully.  Yours,  &c. 

J.  A.  McMaster 
To  Messrs.  Hovey,  Crandall,  and  others,  Committee,  Syracuse. 

From  Horace  Greely 

The  only  letter  yet  received  from  Mr.  Greely,  is  a  private  one  to  a  member 
of  the  Committee.     We  take  a  sentence  or  two : 

New  York,  May  27,  1850 
Friend  C  — : 

You  have  not  given  time  enough  for  the  assembling  of  a  fit  convention. 
I  must  be  up  in  the  interior  of  the  State  in  July,  and  cannot  well  come  in 
June  —  But  I  think  I  shall.  But  you  need  time  to  bring  together  the  best 
men  in  the  State.  Dr  Nott  should  be  there,"  &c.,  &c.  "  I  will  do  my 
part,  but  I  wish  you  had  been  a  little  more  behind  as  to  time." 

Yours 

Horace  Greeley 

(Other  letters  received,  are  of  the  same  tenor  as  regards  the  time  of 
holding  the  convention  —  hence  the  change  to  the  loth  of  July.) 

Aurora,  May  25,  1850 
A.  H.  Hovey,  and  others.  Committee: 

Gentlemen. — Your  cicular  was  duly  received,  and  in  compliance  with  your 
request,  I  hasten  to  send  you  my  reply. 

The  object  for  which  the  convention  is  called,  is  one  of  momentous  interest 
to  the  educational  cause  of  the  State.  No  action,  however,  under  existing 
circumstances,  can,  in  my  opinion,  arrest  the  rejection  of  the  law  next 
November.  The  action  of  the  Legislature  on  the  subject,  was,  to  say  the 
least,  weak  and  cowardly.  The  true  course  would  have  been  to  hold  on, 
and  from  time  to  time  alter  and  amend,  as  experience  should  suggest,  till  all 
the  workings  were  made  to  harmonize  in  a  system,  equitable  and  satisfactory. 
Instead  of  throwing  it  back  upon  the  people  with  its  imperfections,  they 


FREE    SCHOOLS  349 

could  and  should  have  amended  them,  according  to  their  judgment,  and  by 
no  means  have  exposed  a  child  of  so  much  promise  to  be  strangled  at  i!ts 
birth. 

That  the  property  of  the  State  should  educate  the  children  of  the  State, 
I  hold  to  be  sound  doctrine;  and  I  had  hopes  something  at  least  approxi- 
mating that  point,  would  have  been  reached  at  the  last  session.  I  entertain 
no  doubt  that  the  carrying  out  a  measure  of  that  kind,  would,  ultimately, 
contribute  more  to  the  property  of  the  interests  of  the  State,  in  the  aggregate, 
than  any  single  law  now  on  our  statute  books.  What  can  any  state  or  country 
be  or  do,  without  educated  mind? 

It  is,  in  my  judgment,  the  duty  of  the  State  to  educate  the  children  of  the 
State.  No  system  of  popular  education  can  be  perfected,  so  effectually  to 
secure  a  general  diffusion  of  knowledge  among  all  classes,  in  any  other  way. 
For  years,  I  have  advocated  the  cause  of  free  schools ;  and  to  me,  it  seems, 
if  there  were  no  higher  considerations  brought  into  account  than  political 
economy  even,  the  measure  would  command  undivided  support. 

I  shall  be  on  business  in  New  York  at  the  time  of  your  meeting,  and  of 
of  course  deprived  of  the  pleasure  of  attendance. 

Respectfully,  yours,  &c., 

Salem  Town 

(The  attendance  of  this  veteran  in  the  cause  of  universal  education,  will 
probably  now  be  secured). 

Albany,  May  29,  1850 
Gentlemen  : 

It  will  afford  me  the  utmost  gratification  to  attend  the  proposed  state  con- 
vention of  the  friends  of  free  schools,  to  be  held  in  your  city,  in  accordance 
with  your  very  obliging  invitation.  And  most  happy  should  I  be  to  meet  on 
that  interesting  occasion,  all  those  of  our  fellow-citizens  of  every  sect  and 
party,  who  would  open  the  avenues  of  universal  education  broadly  and 
freely  to  every  child  of  the  State,  in  all  coming  time;  who  have  the 
intellect  to  perceive  and  the  heart  to  appreciate  the  vast  importance  of  such 
a  measure  upon  all  the  political,  social,  industrial,  moral  and  religious  interests 
of  the  community,  and  the  determination  to  devote  all  their  energies  to  the 
accomplishment  and  full  practical  realization  of  this  great  undertaking. 

I  earnestly  trust  that  every  Christian,  every  patriot,  every  philanthropist, 
will  feel  himself  called  upon  by  every  consideration  which  can  appeal  to  his 
nobler  nature,  to  avail  himself  of  every  proper  instrumentality  to  secure  to 
the  eight  hundred  thousand  children  and  future  citizens  of  the  State,  the 
incalculable  blessings  of  a  sound  physical,  mental  and  moral  education. 

Such  an  opportunity  may  never  occur  again.  If  neglected  now,  in  all 
human  probability,  to  the  great  majority  of  the  responsible  actors  of  the 
present  generation  it  never  will  again  occur.  The  crisis  is  one  of  most 
momentous  interest.  Upon  its  results  depends  the  present  and  future  wel- 
fare of  millions  of  immortal  beings,  whose  imploring  voices  are  audible  only 
to  the  quickened  ear  of  faith.  As  we  shall  now  determine,  generations  yet 
unborn  will,  in  long  succession,  "  rise  up  and  call  us  blessed,"  or  require  the 
retribution  of  solemn  obligations  neglected  and  disregarded.  The  question 
before  us  is  one  which  soars  infinitely  above  and  beyond  all  the  petty 
struggles  of  personal  and  political  ambition  —  all  the  ephemeral  interests  of 


350  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

the  passing  hour  —  and  fixes  its  high  regards  upon  the  future  —  the  per- 
manent and  the  lasting  welfare  of  humanity.  In  all  its  aspects,  it  is  one 
which  demands  the  concentrated  energy  of  every  higher  and  nobler  faculty 
of  our  being;  and  no  man  who  richly  appreciates  the  duty  incumbent  upon 
him  as  an  intelligent  and  responsible  actor  on  the  great  theatre  of  Christian 
civilization,  can  be  indifferent  to  the  momentous  struggle  impending  between 
the  supporters  and  the  opponents  of  universal  education  in  schools  free  to  all. 
Very  truly  and  respectfully 

Your  obedient  servant 

Sam'l  Randall 
Messrs.  Hovey,  Crandall,  and  others,  Committee,  Syracuse. 

Cortland-Village,  May  25,  1850 
Gentlemen  : 

I  received  last  evening,  your  circular  of  May  i8th,  inviting  me  to  attend 
a  state  convention  on  the  subject  of  the  free  school  law,  to  be  held  in 
Syracuse  on  the  12th  proximo.  If  I  can  arrange  my  business  so  as  to  render 
it  practicable,  it  will  give  me  pleasure  to  be  present,  and  to  take  a  part  in 
the  deliberations  on  the  important  subject  the  convention  is  called  to  discuss. 

Very  respectfully,  your  ob't  serv't, 

Henry  S.  Randall 
A.  H.  Hovey,  and  others.  Committee. 

From  Bradford  R.  Wood 

Albany,  29th  May,  1850 
Gentlemen  : 

I  regret  that  such  is  the  health  of  my  family,  I  cannot  be  with  you  on  the 
I2th  of  June  next.  I  heartily  respond  to  the  views  contained  in  your  circular, 
and  cordially  reciprocate  your  feelings  in  regard  to  popular  education,  and 
trust  you  will  devise  a  system  of  free  school  instruction  obviating  the  objec- 
tions to  the  present  law,  and  yet  meeting  the  wants  and  rights  of  every 
child  in  the  State. 

I  am,  very  respectfully 

Your  obedient  serv't, 

Bradford  R.  Wood 

To  Messrs.  A.  Hovey,  Daniel  Pratt,  D.  P.  Phelps,  C.  B.  Sedgwick,  and  others. 
Committee. 

—  Syracuse  Daily  Star,  June  17,  1850 

Free  School  State  Convention 
Further  Replies 
The  following  constitute  all  the  further  replies  to  this  date,  the   12th  of 
June,  instant: 

From  Horace  Greeley 

Washington,  June  6,  1850 
Dear  Sir: 

Your  second  letter,  reminding  me  that  I  am  among  those  invited  to  attend 
the  free  school  state  convention  at  Syracuse  next  month,  has  reached  me 
this  morning. 


REV.  SALEM  TOWN 


HORACE  GREELEY 


FREE   SCHOOLS  351 

Though  obliged  to  spend  the  present  week  in  this  city,  I  had  resolved  to 
leave  ver>'  unseasonably  and  at  great  inconvenience,  in  order  to  be  present  at 
the  convention  on  the  day  originally  named.  I  did  not  suppose  any  formal 
acceptance  requisite,  since  I  need  no  other  invitation  than  the  general  one 
addressed  to  all  friends  of  free  schools.  The  postponement  of  the  meeting, 
however,  will  greatly  diminish  the  personal  inconvenience  of  attending,  but 
was  not  needed  to  fix  my  resolution.  I  shall  attend  of  course,  if  life  and 
health  permit,  and  hope  at  least  to  show  my  good  will  meantime  by  exhorting 
and  entreating  other  friends  to  do  so.  Deeming  of  vital  importance  the 
maintenance  of  the  principle  that  all  the  children  shall  receive  a  good  common 
school  education  without  regard  to  the  pecuniary  ability  of  their  parents  to 
defray  the  expense  —  to  their  intellectual  capacity  to  appreciate  its  value  — 
or  to  their  moral  virtue  to  deprive  themselves  of  sensual  gratifications  to 
secure  to  their  children  so  priceless  an  acquisition  —  I  will  try  to  do  my  best 
in  the  contest  which  our  late  Legislature  so  causelessly  thrust  upon  us. 

If  I  shared  the  apprehensions  of  many  friends  of  free  schools,  I  should 
doubtless  labor  in  the  cause  with  more  efficiency;  but  I  have  so  unhesitating 
a  conviction  that  the  principle  of  free  education  will  be  sustained  by  at  least 
one  hundred  thousand  majority,  that  I  have  not  yet  been  thoroughly  enlisted 
in  the  canvass.  I  feel  very  sure  that  you  may  set  down  the  Commercial 
Emporium  as  safe  for  thirty  thousand  majority  on  the  right  side,  and  if 
forty  thousand  shall  seem  to  be  needed,  they  can  be  had,  and  ten  thousand 
more  within  five  miles  of  our  city  hall.  We  have  tried  free  schools,  our  way 
—  tried  them  fully  and  fairly  —  and  know  what  we  vote  for.  You  may  trust 
us ;  and  any  open  opposition  can  but  serve  to  swell  our  majority. 

Yours 

Horace  Greeley 
To  W.  L.  Crandall,  of  Committee,  &c. 

From  James  0.  Brayman 

OFFICE  COMMERCIAL  ADVERTISER 

Buffalo,  May  28,  1850 
Gents  : 

I  received,  a  day  or  two  since,  a  circular  from  Syracuse,  calling  a  state 
convention  in  that  city  of  the  friends  of  free  schools,  with  a  view  of  taking 
some  action  to  secure  the  success  of  the  principle  involved  in  sustaining  the 
present  law  upon  the  subject,  which  has  been  resubmittetd  by  the  Legislature 
to  the  people.  Constant  business  engagements  will  undoubtedly  prevent  my 
attendance  upon  the  occasion,  but  I  avail  myself  of  this  mode  of  expressing 
to  you  my  strongest  sympathy  with  the  objects  of  the  convention,  and  my 
deep  and  abiding  interest  in  the  cause  of  free  education.  Agreeing  with  you 
that  friends  of  the  principle,  are  compelled,  by  what  I  cannot  but  regard 
as  the  unwise  action  of  the  Legislature,  to  make  an  issue  upon  a  defective 
and  objectionable  law,  yet  this  should  not,  in  my  view,  discourage  us,  but  only 
nerve  our  hearts  the  stronger  to  do  battle  in  this  glorious  cause,  for  the 
reason,  that  its  opponents  have,  by  a  combination  of  circumstances,  been 
placed  upon  the  "  vantage  ground."  We  should  be  content  with  nothing  short 
of  a  full  recognition  of  the  duty  of  the  Government,  to  provide  for  the  free 
education  of  all  by  a  tax  upon  the  property  of  the  State;  nor  cease  our  efforts 


352  THE    UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

until    free   schools   become   incorporated   into   our   political   system,   as   the 
settled  policy  of  the  State. 

The  decision  which  is  to  be  made  in  November,  will  have  an  important  and 
perhaps  a  conclusive  bearing  upon  the  subject  for  years  to  come.  It  is 
therefore  vitally  essential  that  the  whole  subject,  in  all  its  relations  and 
connections,  be  thoroughly  canvassed  —  that  light  be  shed  abroad  among  the 
people  —  that  the  issue  be  made,  not  so  much  with  those  who  oppose  the 
existing  law,  as  with  those  who  oppose  the  general  principle  of  free  educa- 
tion. The  idea  that  the  friends  of  the  measure  will  go  for  the  amendment 
and  perfection  of  the  law,  must  be  made  to  occupy  a  prominent  position  in 
all  that  is  said  and  done. 

We,  in  Buffalo,  have  tried  the  free  school  system  for  nearly  fifteen  years, 
and  so  much  has  it  commended  itself  to  the  favor  of  our  citizens,  that  but 
three  of  all  the  voters  in  the  city  could  be  found  to  cast  their  suffrages  against 
extending  its  benefits  and  blessings  to  the  State  at  large.  Such,  I  doubt  not, 
will  be  the  result,  when  a  system  equally  unobjectionable,  shall  become 
fairly  and  fully  in  operation  throughout  the  State. 

I  regard  the  convention  to  be  held  in  your  city  as  one  of  the  most  important 
that  has  assembled  in  this  State  for  years.  In  its  object,  how  immeasurably 
higher  is  it  than  those  political  Conventions  which  annually  recur  —  calling 
forth  a  heated  interest  from  all  classes  of  our  citizens.  I  trust,  therefore, 
that  it  will  command  that  consideration  from  our  people  which  its  importance 
merits,  and  that  the  great  and  good,  the  patriotic  and  the  philanthropic,  from 
every  section  of  the  State,  may  be  present  to  participate  in  its  deliberations, 
and  to  give  tone  and  efficiency  to  its  resolves. 

Yours  in  haste, 

Jas.  O.  Brayman 
A.  H.  Hovey,  Esq.,  and  others.  Com. 

From  John  V.  L.  Pruyn 

Albany,  June  5,  1850 
Gentlemen  : 

In  acknowledging  the  receipt  of  your  invitation  to  attend  the  free  school 
state  convention,  to  be  held  at  Syracuse,  in  July,  I  desire  to  express  my 
decided  approval  of  the  principle  of  the  free  school  law,  and  my  earnest  hope 
that  it  may  receive  a  fair  trial.  A  Republican  government  cannot  be  per- 
manently sustained  unless  the  people  are  educated.  The  rights  of  the  masses 
will  not  be  respected  unless  they  are  in  a  position  to  assert  them,  and  that 
position  can  only  be  attained  by  education.  Nor  can  property  be  effectually 
protected,  except  by  the  strong  barrier  which  moral  education  builds  up  in  its 
defense,  teaching  men  their  duty  to  others,  as  well  as  to  themselves. 

The  people  of  our  State  having  by  a  very  strong  vote  approved  the  free 
school  law,  which  approval  has  gone  forth  to  the  world  as  proof  of  their 
discernment  and  patriotism,  it  would  be  discreditable  to  the  honor  and  reputa- 
tion of  the  State  to  abandon  the  principle  before  it  had  been  fairly  tried. 
Proper  self-respect,  and  a  due  regard  for  consistency,  should  prevent  this. 
This  subject  is  not  so  new  or  novel  that  we  should  be  alarmed  at  it.  We 
know  what  it  is  and  what  it  proposes,  and  let  us  see  if  we  cannot  work  out  its 
end.     In  my  opinion,  it  needs  but  to  be  thoroughly  understood,  to  secure  a 


FREE   SCHOOLS  353 

larger  vote  from  the  people  now,  than  it  did  before.    Defects  in  the  details  of 
the  law,  can  easily  be  remedied  by  legislation. 

I  shall  endeavor  to  attend  the  convention,  but  cannot  be  at  all  certain 
at  this  time  that  I  can  do  so.  Hoping  that  your  efforts  will  be  productive 
of  the  good  results  intended,  I  remain,  with  great  respect. 

Yours,  &c.,  &c., 

John  V.  L.  Pruyn* 

A.  H.  Hovey.  W.  L.  Crandall,  and  others,  Committee. 

From  Senator  Beekman 

New  York,  June  ii,  1850 
W.  L.  Crandall,  Esq.,  Secretary,  &c., 
Dear  Sir: 

I  replied  to  the  invitation  with  which  the  committee  have  honored  me, 
some  time  since,  by  a  letter  to  j-ourself,  in  which  I  was  able  to  give  only  a 
conditional  acceptance.  The  postponement,  however,  of  the  convention  to  the 
loth  of  July,  will,  I  hope,  enable  me  to  be  present. 

Free  education  I  regard  as  the  corner  stone  of  our  political  institutions. 
Without  schools,  ballots  would  be  but  instruments  of  mischief.  The  mingling 
of  children  of  various  religious  creeds  in  common  schools,  goes  far  to 
promote  peace  and  good  will,  and  to  prevent  the  growth  of  bigotry.  Let  us 
sustain,  then,  by  all  means,  our  free  school  system.  The  law  of  1849  can  be 
so  amended  as  to  be  unobjectionable.    The  principle  never  was  wrong. 

Very  sincerely  yours 

James  W.  Beekman^ 
To  the  Committee  on  the  Free  School  Convention. 

—  Syracuse  Daily  Star,  June  16,  1850 

'John  Van  Schaick  Lansing  Pruyn  was  born  in  Albany,  N.  Y.,  in  181 1  and  was  a 
member  of  a  Holland-Dutch  family  that  had  been  identified  with  the  life  of  Albany 
and  the  colony  of  New  York  for  over  two  centuries.  He  attended  the  Albany  Academy, 
studied  law  and  was  admitted  to  the  bar.  Much  of  bis  earlier  practice  was  in  the 
court  of  chancery  in  which  he  appeared  with  marked  success.  He  was  identified  with 
large  business  and  philanthropic  interests.  In  1853,  bis  relations  to  the  railway  system 
of  New  York  State  became  so  gn'eat  that  he  was  oblieed  to  relinquish  his  law  practice. 
He  was  a  director  and  counsel  of  thd  Mohawk  &  Hudson  Railroad  Company,  which 
built  the  first  railroad  in  the  State,  if  not  in  the  United  States.  He  was  also  con- 
nected with  other  roads  forming  a  system  extending  from  Albany  and  Troy  to  Buffalo 
and  which  later  were  consolidated  into  the  New  York  Central  Company.  Mr  Pruyn 
drew  the  consolidation  agreement  in  connection  with  the  formation  of  the  New  York 
Central  Company,  and  was  a  director  and  general  counsel  for  the  new  company  for 
many  years.  He  was  one  of  the  original  trustees  of  the  Mutual  Life  Insurance  Com- 
pany and   an   officer   in   other   large  corporations. 

In  1861  he  was  elected  a  State  Senator.  He  was  a  member  of  the  commission  to 
build  the  new  Capitol  and  he  laid  the  first  cornerstone  of  that  building.  He  served 
in   Congress  for  two  terms. 

In  1844.  he  was  appointed  a  Regent  of  the  University  of  the  State  of  New  York  and 
served  for  33  years,  15  of  which  he  was  Chancellor  of  the  University.  He  was  also 
trustee  of  the  State  Normal  College  at  Albany  and  of  St.  Stephen's  College  at  Annan- 
dale.   N.  Y.     He  died  in   1877. 

'James  W.  Beekman  was  bom  November  22,  1815  and  died  January  15,  1877.  He 
married  Miss  Milledollar,  the  daughter  of  the  president  of  Rutgers  College.  Mr  Beek- 
man was  graduated  from  Columbia  in  1834  and  was  later  admitted  to  the  bar.  He 
traveled  extensively  and  upon  his  return  to  this  country  made  the  voyage  in  one  of 
the  firs*  ocean  steamships.  He  was  a  member  of  the  Assembly  in  1848  and  of  the 
State  Senate  in  1849-51.  He  was  an  active  member  of  the  Legislature  and  carried 
through  the  bill  that  created  Central  Park  in  New  York  City.  He  was  interested  in 
public  matters  in  New  York  City  and  at  various  times  served  as  a  trustee  of  the 
medical  d^artment  of  Columbia  University  and  as  trustee  of  the  college  proper  as 
vice  president  of  the  New  York  Historical  Society,  as  vice  president  of  the  New 
York  Hospital,  as  trustee  of  the  Women's  Hospital,  and  as  trustee  of  the  New  York  Dis- 
pensary.    He   was   a   strong   supporter  of  the   free   school   movement. 

23 


354  I'HE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Free  School  State  Convention 
Further  Replies 
We  insert  today,  the  replies  of  Hon.  Christopher  Morgan,  present  Secretary 
of  State  and  Superintendent  of  Common  Schools;  of  Hon.  Horace  Mann; 
and  of  Hon.  Halsey  R.  \\'^ing,  recently  first  judge  of  Warren  county. 

From  Christopher  Morgan 

Secretary's  Office 
Albany,  June  i8,  1850 
Gentlemen  : 

I  have  received  your  circular  inviting  me  to  attend  the  free  school  state 
convention  to  be  held  at  Syracuse. 

It  will  afford  me  pleasure  to  unite  with  the  friends  of  free  schools,  for  my 
earnest  advocacy  of  the  principle  has  brought  upon  me  no  inconsiderable 
degree  of  reproach. 

It  is  in  my  judgment  the  bounden  duty  of  the  State  to  provide  the  means 
for  educating  every  child  within  its  limits. 

Universal  education  will  not  only  diminish  vice  and  poverty,  but  will  add 
greatly  to  the  social  enjoyment  of  mankind. 

The  present  law  is  defective,  and  its  operation  unequal  —  sometimes  oppres- 
sive. If,  however,  the  principle  of  free  schools  is  maintained  by  the  people, 
as  I  trust  it  will  be,  the  law  may  be  so  amended  as  to  obviate  the  objections 
so  strenuously  urged  by  its  opponents. 

Although  differing  with  a  large  and  respectable  portion  of  our  electors,  I 
must  continue  to  urge  upon  the  consideration  of  the  people  a  system  of  free 
and  universal  education. 

Very  respectfully 

Your  obedient  servant 

Christopher  Morgan 
Messrs  A.  H.  Hovey,  W.  L.  Crandall,  and  others.  Committee. 

From  Horace  Mann 

House  of  Representatives 
Washington,  June  19,  i8$o 
W.  L.  Crandall,  Esq., 

Dear  Sir: 

Should  I  go  over  from  Macedonia  to  help  you,  who  shall  take  care  of 
Macedonia?  Important,  primary,  holy  even,  as  we  have  been  accustomed  to 
regard  education,  yet  there  is  a  work  to  be  done  which  precedes  education ; 
which  does  not  look  immediately  to  its  perfectures,  but  to  its  existence.  This 
preliminary,  this  antecedent  work,  I,  among  others,  am  set  here  to  do. 

It  is  likely  that  the  day  appointed  for  your  convention  will  be  the  very 
time  when  we  shall  be  in  the  "  thick  of  the  fight."  I  wish  I  were  as  confident 
of  victory  for  us,  as  I  am  for  you :  for  I  cannot  believe  it  possible  that  New 
York  will  annul  the  noble  vote  she  has  just  given;  degrade  her  character  and 
disinherit  her  offspring  of  the  noblest  patrimony,  by  an  abandonment  of  the 
cause  of  free  schools. 


FREE    SCHOOLS  355 

I  received  your  address,  which  I  read  with  pleasure  and  instruction.  I 
also  had  a  letter  from  Mr  May,  which  I  should  have  found  time  —  or  made 
it  —  to  answer,  had  I  not  seen  the  postponement  announced.  I  have  been  so 
much  engrossed  with  duties,  that  I  could  attend  to  only  those  which  were 
most  imperative. 

I  hope  you  are  all  in  that  state  of  mind,  when  both  hope  and  fear  become 
the  most  powerful  of  impulses.  Work,  as  though  you  hoped  to  gain  every- 
thing; work,  as  though  you  feared  to  lose  everything. 

Very  truly  and  sincerely, 

Yours,  &c.,  &c., 

Horace  Mann 

From  Halsey  R.  Wing 

Glens  Falls,  21st  June,  1850 
Gentlemen  : 

I  have  received  your  circular  inviting  me  to  attend  the  "  State  Convention 
of  the  friends  of  Free  Schools,"  to  be  holden  at  Syracuse  on  the  loth  day  of 
July.  I  thank  you  for  the  courtesy,  and  reply,  that  if  my  business  engage- 
ments permit,  I  shall  deem  it  a  most  agreeable  duty  to  be  present  as  one  of 
"  the  friends  "  of  this  great  and  philanthropic  cause  which  is  to  elicit  this 
demonstration. 

I  do  not  permit  myself  to  doubt  for  a  moment  the  early  and  firm  estab- 
lishment of  the  noble  principle  for  which  we  contend.  True,  the  temporizing 
and  disingenuous  act  of  the  present  Legislature,  has  loaded  this  principle  with 
the  many  and  grievous  defects  of  the  new  school  law :  and  thus  the  friends  of 
resubmission  —  with  a  clever  adroitness  which  might  perhaps  be  creditable 
to  the  small  cunning  of  some  petty  smuggler  —  have  contrived  to  cover  up, 
and,  so  far  as  their  wishes  were  potent,  to  crush  the  truth  of  that  principle 
beneath  the  weight  of  those  odious  defects.  But  they  evidently  overlooked 
both  the  poetry  and  realitj^  of  the  line  — 

"  Truth  crush'd  to  earth,  shall  rise  again." 

The  property  of  our  citizens  is  protected  by  the  virtue  and  intelligence  of 
the  people;  and  it  would  be  a  gross  reflection  on  the  justice  and  patriotism 
of  those  citizens,  to  assume  that  they  will  not  cheerfully  impose  upon  their 
property  the  light  charge  required  to  supply  adequate  means  for  rearing,  in 
virtue  and  intelligence,  the  verj-  children  who,  in  a  few  short  years,  will 
themselves  be  the  people. 

The  proposed  convention,  will,  I  presume,  devise  some  plan  of  action  by 
which  the  voters  will  be  enabled  to  "  see  through  "  the  Legislative  legerde- 
main, which  hopes  to  defeat  a  conceded,  and,  standing  alone,  invincible  good, 
by  its  unfortunate,  though  unnecessary,  association  with  admitted  evils. 

With  the  question  fairly  understood  by  the  people,  I  confidently  anticipate 
that,  at  the  coming  election,  they  will  triumphantly  sustain  the  present  school 
law,  with  all  its  faulty  details,  for  the  sake  of  the  glorious  principle  which 
pervades  it, —  and,  at  the  same  time,  see  to  it,  that  men  are  returned  to  the 


356  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

next  Legislature,  who  will  so  amend  the  law  as  to  mak«  it  right  and  satis- 
factory. 

Respectfully 

Yours,  &c. 

H.  R.  Wing* 
Messrs.  Hovey,  Crandal,  and  others,  Committee. 

—  Syracuse  Daily  Star,  June  27,  1830 

Free  School  State  Convention 
Railroad  Rates 
The  committee  of  arrangements  for  the  free  school  state  convention  to  be 
held  in  this  city  on  the  loth  of  July  next,  are  authorized  by  the  several  rail- 
road companies  between  Albany  and  Buffalo  to  say  that  tickets  will  be  sold 
for  that  convention  —  good  for  one  passage  each  way, —  up  to  and  including 
the  I2th  —  not  afterwards  —  for  one  fare.  Persons  wishing  to  avail  them- 
selves of  this  reduction  will  be  required,  when  applying  at  the  various  sta- 
tions for  tickets,  to  show  their  letters  of  appointment  or  invitation,  or  to  be 
reputably  introduced. 

Free  School  State  Convention 
Meeting  of  Ladies 
At  a  meeting  of  the  ladies  of  Syracuse,  interested  in  the  free  school  ques- 
tion, at  the  house  of  Mrs  Stephen  Smith,  on  Monday  evening,  June  24th, 
1850,  Mrs  L.  Wallace  was  called  upon  to  preside,  and  L.  Savage  to  act  as 
secretary'. 
The  following  resolutions  were  unanimously  adopted : 
Resolved,  That  we  approve  of  the  plan  of  universal  education  in  schools 
free  to  all. 

Resohed,  That  we  cordially  invite  the  attendance  of  ladies  upon  this  con- 
vention, as  we  deem  this  eminently  a  question  upon  which  woman's  influence 
should  be  felt. 

Resolved,  That  we  hereby  tender  the  hospitalities  of  the  city  to  all  ladies 
who  attend  the  convention,  and  to  their  companions  or  escort. 

Resolved,  That  the  following  ladies  are  hereby  appointed  a  committee  to 
carry  into  effect  the  foregoing  resolution ;  and  that  the  ladies  of  the  city  are 
requested  to  communicate  with  any  members  of  the  committee,  in  reference 
to  the  necessary  arrangements  for  the  entertainment  of  all : 

Mrs    E.  W.  Leavenworth  Mrs    H.  Loomis 

"      John  Wilkinson  "      L)rman  Clary 

"    Wm.  Jackson  "     L.  Stevens 

"      R.  M.  Pelton  "      John  F.  Wyman 

"     Pierson  "      Stephen  Smith 

"     Hervey  Sheldon  "     Joseph  Seymour 

"     J.  B.  Huntington  "     Craves 

"     E.  F.  Wallace  "     Phillips 

"     Charles  Rust 

—  Syracuse  Daily  Standard,  June  2S,  1850 

•  Halsey  Rogers  Wing  was  born  in  Sandy  Hill,  N.  Y.,  and  was  educated  in  the 
schools  of  Fort  Edward,  the  Lenox  (Mass.)  Academy,  Yale  University  and  Middlebury 
College.  After  being  admitted  to  the  bar,  he  practised  in  Albany  county,  Brockport 
and  Buffalo  and  finally  settled  in  Glens  Falls  in  184 1.  In  1843  he  was  appointed  county 
superintendent  of  common  schools  and  1845  first  judge  of  the  county.  In  1851  he 
became  identified  with  various  large  business  interests  and  gradually  withdrew  from  the 
practice  of  the  law.  He  was  a  strong  supporter  of  _  all  educational  movements  in  his 
community  and  was  identified  witfi  various  associations  for  the  advancement  of  the 
interests  of  Glens  Falls.     He  died  in  1870. 


HALSEY  ROGERS  WING 


FREE   SCHOOLS  357 

Free  School  Meeting 

There  was  a  meeting  of  citizens  at  the  council  chamber  last  evening,  for  the 
purpose  of  appointing  delegates  to  the  free  school  state  convention,  to  be 
held  in  Syracuse,  on  the  loth  inst,  and  to  transact  such  other  business  as 
might  be  deemed  expedient,  relating  to  the  subject  of  free  schools. —  Hon.  O. 
Allen  in  the  chair,  and  Jas.  O.  Brayman,  secretary. 

On  the  motion  of  O.  G.  Steele, 

Resolved,  That  a  committee  of  five  be  appointed  to  name  a  list  of  dele- 
gates to  the  state  convention,  and  to  present  resolutions  for  the  consideration 
of  the  meeting. 

The  chair  appointed  as  such  a  committee,  O.  G.  Steele,*  D.  Bowen,  Aid.  H. 
Park,  Aid.  M.  P.  Bush,  and  D.  F.  Lee. 

While  the  Committee  were  out  the  chairman  gave  a  history  of  the  action 
of  the  Legislature  upon  the  subject  of  free  schools  last  winter. 

The  committee  returned  and  reported  the  following  list  of  resolutions,  and 
delegates,  which  report  was  unanimously  adopted. 

Resolved,  That  the  stability  and  perpetuity  of  our  republican  institutions 
depend  upon  universal  education  and  general  intelligence. 

Resolved,  That  wc  hold  it  to  be  the  bounden  duty  of  the  State  to  provide 
by  law  for  the  establishment  of  free  schools  within  its  jurisdiction,  supported 
by  taxation  upon  its  real  and  personal  estate. 

Resolved,  That  the  children  of  the  State  are  entitled  to  a  sufficient  educa- 
tion to  qualify  them  to  perform  intelligently  their  duties  as  citizens  of  a 
republican  government  —  and  this  can  only  be  accomplished  by  a  system  of 
common  school  education,  which  shall  be  free  to  all,  and  for  the  benefit  of  all. 

Resolved,  That  we  are  in  favor  of  giving  the  present  law  a  united  and 
energetic  support,  and  thus  secure  the  establishment  of  the  great  principle  of 
free  education.  We  look  upon  the  existing  law  as  a  vast  improvement  upon 
the  old  rate-bill  system,  and  desire  that  the  law  shall  have  a  fair  trial,  and 
remain  subject  to  improvements  and  amendments  as  experience  may  show 
to  be  necessar}-. 

Resolved,  As  citizens  of  Buffalo  we  look  with  pride  upon  our  free  school 
system,  as  now  permanently  established  by  law  and  rejoice  that  it  has  reached 
a  point  of  stability  and  efficiency  which  has  extinguished  all  doubts  in  regard 
to  policy. 

Resolved,  That  the  same  public  evils  which  required  the  establishment  of 
free  schools  in  this  city  12  years  ago,  exist  in  a  greater  or  less  degree  in  the 

*  Mr  Frank  Severance,  Secretary  of  the  Buffalo  Historical  Society,  furnishes  the 
following  data  in  relation  to  Oliver   Gray  Steele: 

Mr.  Steele  was  born  in  New  Haven,  Conn.,  December  16,  1805.  After  attending  the 
public  school  until  he  was  twelve  years  of  age,  he  went  to  New  York  City  where  he 
served  for  two  years  as  a  message  boy.  He  then  returned  to  Connecticut,  where  he 
learned  the  bookbinding  trade.  In  May  1827,  he  went  to  Buffalo  and  in  1830  established 
himself  as  a  bookseller  and  bookbinder.  He  married  Miss  Sarah  E.  Hull  and  both 
he  and  his  wife  became  identified  with  all  movements  for  progress  in  Buffalo.  Mr 
Steele  was  prominent  in  civic  affairs,  serving  as  a  fireman  in  the  volunteer  force  and 
as  alderman.  He  prospered  in  a  business  way  and  became  secretary  and  manager  of  the 
Buffalo  das  Light  Company  and  also  secretary  and  later  president  of  the  Buffalo 
Water   Work   Company. 

Previous  to  1837,  there  were  but  seven  public  schools  in  Buffalo  and  these  were  inade- 
(juately  housed  and  equipped  and  attended  only  by  the  children  of  the  poorest  classes 
in  the  city.  In  1837  a  system  of  free  public  schools  was  inaugurated.  It  seemed  difficult 
to  get  anyone  to  serve  as  superintendent  but  Mr.  Steele  became  interested  in  the  schools 
and  accepted  the  position.  He  served  for  three  years  and  was  paid  the  munificent  salary 
of  $75  a  year.  He  always  manifested  a  keen  interest  in  educational  matters  and  was 
a  founder  of  the  Buffalo  State  Normal  School  and  a  member  of  its  governing  board. 
He  was  also  a  founder  of  the  Buffalo  Academy  of  Fine  Arts  and  at  one  time  its 
president.     He    died    November    11,    1879. 


358  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

entire  State,  and  the  same  remedy  which  has  proved  so  effectual  in  the  city 
will  be  equally  so  when  applied  to  the  country  at  large. 

Resolved,  That  we  highly  approve  of  the  proposed  free  school  state  con- 
vention to  be  held  at  Syracuse  on  the  loth  inst.  and  recommend  the  follow- 
ing men  as  delegates  to  represent  this  city  upon  that  occasion. 

—  Buffalo  Commercial  Advertiser,  July  6,  1S50 

Prospectus  of  the  Free  School  Clarion 

"  Knowledge  is  Power  " 

The  voters  of  New  York  are  to  determine,  in  November,  whether  they  will, 
or  whether  they  will  not,  have  schools  free  to  all.  It  is  a  momentous  ques- 
tion. It  involves  the  pecuniary,  intellectual,  social  and  moral  interests  of 
New  York  —  its  greatness  in  the  future  —  for  "  knowledge  is  power."  At 
this  age,  to  be  destitute  of  knowledge,  is  to  be  destitute  of  power.  Shall, 
then,  this  boom  —  this  blessing  —  be  extended  to  all  the  children  of  the 
State,  on  equal  terms?  Shall  the  State  say  to  all  the  children  within  its  bor- 
ders, "  Ho !  every  one  that  thirsteth ;  whoever  will  let  him  partake  of  the 
water  of  knowledge,  without  money  and  without  price?  "  Will  New  York 
augment  its  power  in  this  way?  That  is  the  question  to  be  decided  in 
November. 

By  a  fraud  unequalled  in  the  annals  of  New  York  legislation,  this  question 
is  presented  to  the  people  under  a  false  issue.  The  enemies  of  free  schools 
outnumbered  or  outwitted  the  friends  of  free  schools  in  the  Legislature;  and 
they  have  resubmitted  to  a  vote  of  the  people,  for  approval  or  rejection,  a 
law  which  they  know  should  be  amended.  The  men  who  voted  for  that 
resubmission,  hoped  to  crush  free  schools.  They  have  the  vantage  ground- - 
the  same  as  a  defendant  in  a  case  would  have  who  was  permitted  to  draw 
the  declaration.  But  their  meshes  of  falsehood  can  be  broken.  Their  well 
arranged  design  can  be  foiled.  But  it  can  be  done  only  by  the  dissemination 
of  opinions,  facts,  and  arguments.  For  this  purpose  we  shall  publish  the 
"  Free  School  Clarion." 

It  will  be  edited  by  the  subscriber. 

The  effective  aid  and  cooperation  of  some  of  the  ablest  minds  of  the  State 
have  been  secured.  All  points  involved  in  this  mighty  question  —  a  question 
which  throws  all  other  topics  of  legislation  in  the  shade  —  will  be  thoroughly 
discussed.  Through  its  columns,  the  sincere  opponents  of  free  schools,  will 
be  heard. 

The  Free  School  Clarion  will  be  issued  on  or  about  the  loth  of  July,  1850 
—  will  be  printed  on  good  type  and  good  paper,  on  these  terms: 
Single  copy  25c 

Four  copies,  one  address    $1.00 
Ten  "         "  "  2.00 

Fifteen    "         "  "  3.00 

Twenty-five      "  "  5.00 

Fifty        "         "  "  8.00 

It  will  be  issued  weekly,  in  quarto  form,  and  one  no.  will  be  issued  after 
the  election,  giving  the  returns,  and  such  suggestions  as  shall  naturally  arise 
from  the  result. 

Address  W.  L.  Crandall 

Syracuse,  July  2,  1850. 

—  Syractise  Daily  S4ar,  July  10,  1S50 


FREE   SCHOOLS  359 

Free  School  Convention 

This  bod}'  met  at  Market  Hall  at  lo  o'clock  yesterday  morning,  and  was 
called  to  order  by  Mr  Winchell,  of  Onondaga,  on  whose  motion  S.  S.  Randall 
of  Albany,  was  called  to  the  chair.  Mr  Rick,  of  Erie,  was  appointed  secre- 
tary'. 

Upon  taking  the  chair.  Mr  Randall  made  some  very  eloquent  and  appro- 
priate remarks. 

On  motion  of  E.  Curtiss,  of  Onondaga,  a  committee  of  seven  was 
appointed  to  report  permanent  officers  for  the  convention.  The  chair  named 
as  such  committee  Messrs  Curtiss,  of  Onondaga;  Beekman,  of  N.  Y. ;  Steele, 
of  Erie;  Holley,  of  Wyoming;  Cobum,  of  Tioga;  Phelps,  of  Albany;  and 
Woolworth,  of  Cortland. 

On  motion  of  Mr  Steele,  of  Erie, 

Resolved,  That  a  committee  of  seven  be  appointed  to  draw  up  and  present 
a  report  and  resolutions,  expressive  of  the  sense  of  this  convention  on  the 
subject  of  free  school  education. 

The  chair  named  as  such  committee,  Messrs  Greely,  of  N.  Y. ;  Randall,  of 
Cortland ;  Steele,  of  Erie ;  May,  of  Onondaga ;  Beekman,  of  N.  Y. ;  Cobum, 
of  Tioga;  Phelps,  of  Albany;  Sedgwick,  of  Onondaga,  and  Leggett,  of  West- 
chester. 

On  motion  of  O.  B.  Pierce,  of  Oneida,  the  convention  took  a  recess  until 
12  o'clock,  to  complete  its  organization. 

Afternoon  Session. 

At  12  o'clock  M.,  the  convention  met  pursuant  to  adjournment.  The  com- 
mittee on  organization  reported  as  follows: 

President:     Christopher  Morgan. 

Vice  Presidents:  J.  C.  Carey  of  New  York,  W.  H.  Leggett  of  West- 
chester, Asabel  Stone  of  Madison,  Rev.  H.  Mandeville  of  Albany,  O.  G. 
Steele  of  Erie,  H.  Putnam  of  Onondaga,  W.  F.  Cady  of  Oswego,  and  C.  R. 
Cobum  of  Tioga. 

Secretaries:  Wm.  L.  Crandall,  of  Onondaga,  W.  K.  Viele  of  Erie,  D.  C. 
Bloomer  of  Seneca,  Wm.  F.  Phelps  of  Albany. 

On  motion,  it  was  Resolved,  That  the  gentlemen  present  be  requested  to 
report  the  names  of  persons  in  attendance  from  their  respective  counties,  on 
the  reassemhling  of  the  convention. 

The  chairman  of  the  committee  on  resolutions  reported  the  following, 
which  was  unanimously  adopted : 

Resolved,  That  this  convention  has  learned  with  profound  regret  of  the 
sudden  and  unexpected  death  of  the  President  of  the  United  States,  and  that 
in  token  of  respect  for  his  memory  we  do  now  adjourn  until  2  o'clock  P.  M. 

2  o'clock  P.  M. 

The  convention  was  called  to  order  by  the  chairman  pro  tern,  and  the 
Blakely  family  being  present,  were  called  for,  and  favored  the  convention 
with  an  appropriate  "  free  school  song."  A  prayer  was  offered  by  Rev. 
G.  H.  Wamer,  of  Buffalo.  The  president  was  conducted  to  the  chair  by 
Messrs  Woolworth  and  Cary. 

Upon  taking  the  chair,  Mr  Morgan  submitted  some  very  appropriate 
remarks,  alluding  in  a  feeling  manner  to  the  news  of  the  death  of  President 


360  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Taylor,  and  expressing  himself  the  uncompromising  advocate  of  universal 
education. 

Mr  Sedgwick,  the  chairman  of  the  committee  on  resolutions,  reported  the 
following : 

1st.  Resolved,  That  the  proposition  before  this  convention  and  this  State 
is  not  that  our  present  system  of  common  schools,  with  all  of  its  provisions 
and  details,  is  perfect,  but  that  this  law  should  be  maintained  in  so  far  as  it 
provides  that  all  of  our  common  schools  be  free  to  all  the  children  of  the 
State. 

2d.  Resolved,  That  the  principle  upheld  by  this  convention,  the  principle 
which  should  be  fixed  and  established  in  the  political  economy  of  this  State 
is  that  the  property  of  State  should  educate  the  children  of  the  State,  or  in 
the  words  of  the  first  section  of  the  act,  that  common  schools,  in  the  several 
districts  of  the  State,  should  be  free  to  all  persons  in  the  districts,  under  21 
years  of  age. 

3d.  Resolved,  That  the  true  welfare  of  the  State  is  to  be  attained  not 
wholly  by  highways  and  canals,  by  asylums  and  penitentiaries,  by  police  and 
standing  armies,  but  by  the  development  of  the  physical,  intellectual  and 
moral  energies  of  the  people,  therefore  if  the  former  should  be  sustained  at 
the  public  expense,  much  more  should  the  thorough  education  of  the  whole 
people  be  amply  provided  for  from  the  same  source. 

The  foregoing  resolutions  were  ably  discussed  by  Mr  Bloss,  of  Rochester, 
and  Rev.  Mr  Waldo,  of  Ontario. 

4th.  Resolved,  That  the  emphatic  vote  of  the  people  at  the  last  election  in 
favor  of  the  act  establishing  free  schools  throughout  the  State,  was  clearly 
indicative  of  the  sanction  and  approval  of  the  principle  which  directed  the 
enactment  of  that  law,  and  that  no  defects  in  the  subordinate  details  of  the 
provisions  there  made  for  the  universal  education  of  the  children  of  the 
State  will  warrant  or  justify  the  abandonment  of  the  principle  or  the  total 
repeal  of  the  law. 

Discussed  by  Rev.  Mr  May,  of  Onondaga,  Starr,  of  Monroe,  Mandeville,  of 
Albany,  Lord,  of  Ohio,  and  Waldo,  of  Cortland. 

•Sth.  Resolved,  That  we  pledge  ourselves  to  use  all  proper  means  and  influ- 
ence in  our  power  individually  and  collectively  to  procure  the  renewed  sanc- 
tion of  the  people  to  the  great  principle  of  free  schools  as  the  only  sure  and 
effectual  Palladium  of  their  liberty,  happiness  and  prosperity  —  as  the  best 
safeguard  of  their  rights  and  the  surest  preservative  of  those  noble  institu- 
tions handed  down  to  us  by  the  framers  and  fathers  of  our  Republic. 

6th.  Resolved,  That  the  friends  of  free  schools  be  requested  to  procure 
the  publication  of  the  address  and  resolutions  of  this  convention  in  all  the 
newspapers  of  the  several  counties  throughout  the  State. 

7th.  Resolved,  That  it  be  recommended  by  the  friends  of  free  schools  in 
each  county  to  hold  a  convention  at  their  county  scat  on  the  first  Monday  of 
October  next,  or  some  more  convenient  day,  for  the  purpose  of  organizing 
and  preparing  for  the  election. 

Pending  the  adoption  of  the  4th  resolution,  Mr  Greeley,  of  N.  Y.,  being 
loudly  called  for,  came  forward,  but  instead  of  discussing  the  resolution, 
asked  leave  to  present  a  report  which  had  been  prepared  by  the  committee. 
Leave  being  granted,  Mr  G.  read  a  very  able  report,  pointed,  argumentative 


FREE   SCHOOLS  361 

and  convincing,  taking  decided  and  incontrovertible  grounds  in  favor  of  free 
and  universial  education,  Avhich  was  received  with  great  applause. 

Mr  Thompson,  of  Erie,  spoke  in  opposition  to  the  law,  but  expressed  him- 
self in  favor  of  the  principle  of  free  schools. 

The  Blakely  family  were  then  called  for,  and  entertained  the  convention 
with  another  "  free  school  song." 

Mr  McMaster,  of  New  York,  spoke  in  opposition  to  the  resolutions  and 
in  opposition  to  the  principle  of  free  schools,  denying  the  right  of  the  State 
to  assume  the  education  of  the  people. 

Mr  Bloss,  of  Monroe,  here  introduced  the  following  resolution : 

Resolved,  That  we  most  cordially  invite  the  people  of  this  State,  and  rec- 
ommend to  the  next  Legislature  such  an  amendment  of  the  act  of  1849,  estab- 
lishing free  schools,  as  will  make  the  expense  of  supporting  such  schools, 
over  and  above  the  annual  revenue  of  the  common  school  fund,  a  charge 
upon  the  real  and  personal  property  of  the  State,  equitably  assessed,  according 
to  a  just  and  fair  valuation  of  such  property,  and  that  we  recommend  the 
circulation  throughout  the  State,  of  a  memorial  to  the  next  Legislature  to 
this  effect. 

The  question  on  the  adoption  of  Mr  Greeley's  report  was  then  taken,  and 
it  was  unanimously  adopted. 

Adjourned,  to  meet  at  7  o'clock  P.  M. 

—  Syracuse  Daily  Standard,  July  11,  1850 

Free  School  Convention 

The  convention  met  at  7  o'clock.  The  president  in  the  chair.  The  Blakelys 
were  introduced  and  favored  the  convention  with  one  of  their  fine  per- 
formances. 

Mr  Bascomb,  of  Seneca,  obtained  the  floor  and  spoke  at  much  length  and 
ability  against  free  schools.  Eight  o'clock  having  arrived,  he  concluded  his 
remarks. 

Mr  Randall  having  been  appointed  to  lecture  at  that  hour,  he  was  intro- 
duced, and  commenced  by  saying  that  he  had  pledged  himself  to  answer  all 
objections  that  might  be  raised  against  free  schools.  That  pledge  he  should 
redeem,  but  as  he  had  been  requested  to  lecture  on  a  certain  subject,  his 
remarks,  which  were  in  writing,  were  prepared  with  special  reference  to  the 
subject,  and  he  should  therefore  be  compelled  to  forego  the  pleasure  of  reply- 
ing to  his  eloquent  and  honorable  friend  until  the  coming  day.  He  then 
proceeded  with  his  address  a  very  able  and  learned  production,  addressed 
to  the  parents,  teachers  and  pupils  of  the  city  of  Syracuse. 

At  the  conclusion  of  Mr  Randall's  remarks,  Mr  Greeley  was  loudly  called 
for,  who  remarked  that  as  other  business  would  take  him  from  the  city  in 
the  morning,  he  would  say  what  he  had  on  the  subject  at  that  time.  He  pro- 
ceeded to  reply  to  Mr  McMaster  of  New  York,  who  spoke  during  the  after- 
noon session,  and  ended  with  some  most  convincing  arguments  in  favor  of 
free  schools  and  universal  education. 

The  president  announced  his  inability  to  remain  longer  with  the  conven- 
tion, owing  to  pressing  official  duties,  and  called  one  of  the  vice  presidents  to 
the  chair,  and  on  taking  leave,  made  a  most  powerful,  eloquent  and  unanswer- 


3^  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

able  appeal  in  favor  of  the  free  school  system,  expressing  his  entire  convic- 
tion of  its  final  triumph  in  the  Empire  State. 
Adjourned  to  meet  next  day  at  8  o'clock  A.  M. 

Second  Day 

Morning  Session 

The  conventioji  was  principally  occupied  yesterday  morning  in  discussing 
resolutions  and  principles  introduced  the  day  previous.  The  series  of  resolu- 
tions presented  by  the  committee  of  seven,  and  published  in  our  paper  yes- 
terday, were  adopted,  and  many  interesting  remarks  made  by  members  of  the 
convention.  Mr  Randall  said  that  an  average  of  lo  scholars  to  each  district, 
making  an  average  of  over  100,000  had  attended  the  common  schools  of  this 
State  during  the  past  year,  more  than  during  any  previous  year. 

The  bill  for  submitting  the  free  school  law  to  the  people  this  fall,  was 
passed  by  the  Assembly  at  the  last  hour  of  the  session  without  its  having 
been  read.  Petitions  were  thrown  in  from  all  parts  of  the  State  against  the 
law,  while  its  friends  made  no  effort  in  its  behalf. 

Much  was  said  of  the  inequality  of  the  law  in  reference  to  taxation ;  but 
all  agreed  that  this  was  the  law  of  assessment,  and  not  the  free  school  law. 
It  was  warmly  contested  that  the  property  within  the  State  should  be  equally 
taxed  for  the  support  of  "  free  schools,"  and  thereby  prevent  crime,  as  well 
as  for  the  punishment  of  criminals,  and  that  the  friends  of  free  schools  do  not 
propose  to  increase  taxation,  but  to  change  the  appropriation  of  it.  A  com- 
mittee was  appointed  to  propose  a  plan  for  thoroughly  carrying  on  the  prin- 
ciples of  this  convention. 

The  following  additional  resolutions  were  passed  by  the  convention : 

No.  6.  Resolved,  That  we  are  opposed  to  the  old  school  law,  because  its 
operation  was  contrarj'  to  the  principles  of  democratic  government.  While 
it  professed  to  be  liberal,  it  gave  the  avaricious  parent  an  excuse  for  keeping 
his  children  from  the  school ;  while  it  should  have  furnished  intellectual  ali- 
ment free  to  all  the  children  of  the  State,  it  virtually  drove  thousands  from 
the  srhoolhouse,  by  wounding  their  pride  and  branding  them  as  paupers ; 
while  it  should  have  discriminated  between  the  right  of  the  child  to  public 
beneficence  and  that  of  the  parent,  it  often  treated  unkindly  and  blasted  the 
hopes  of  the  former,  on  account  of  the  improvidence  or  misfortunes  of  the 
latter;  while  it  was  far  better  than  no  system  of  public  education,  it  did  not 
supply  the  wants  of  the  rising  generation,  who  were  calling  for  "  light,  more 
light  still." 

No.  7.  Resolved,  That  we  will  most  cordially  unite  with  the  people  of  this 
State  and  recommend  to  the  next  legislature,  such  amendment  of  the  act  of 
1848,  establishing  free  schools,  as  shall  make  the  expenses  of  supporting  such 
schools  over  and  above  the  annual  revenue  of  the  common  school  fund,  a 
charge  upon  the  real  and  personal  property  in  the  State,  county  and  town 
equitably  assessed  according  to  a  fair  and  just  valuation  of  such  property; 
and  make  such  other  amendments  of  the  law  of  1849,  as  they  in  their  wisdom 
shall  seem  to  be  best ;  and  we  recommend  that  a  memorial  be  circulated  in 
each  district  of  the  State,  embodying  such  alterations  as  to  the  inhabitants 
of  each  district  may  seem  desirable. 

—  Syracuse  Daily  Standard,  July  12,  1850 


FREE    SCHOOLS  363 

Free  School  Convention 

Second  Day 

Afternoon  Session 

Convention  assembled  at  2  o'clock,  and  was  called  to  order  bj*  chairman. 

Mr  Winchell,  from  the  committee  on  organizing  a  plan  for  disseminating 
information  among  tl>e  voters  of  the  State,  to  prepare  them  for  the  free 
school  issue  in  November  next,  reported  as  follows : 

"  That  they  consider  a  complete  and  thorough  organization,  essential  to 
the  success  of  the  free  school  measure,  and  propose  the  following  plan  for 
consideration : 

The  appointment  of  four  classes  of  executive  committees. 

1  A  state  central  committee  to  be  appointed  by  this  convention,  consisting 
of  seven  persons,  residents  of  the  city  of  Syracuse. 

2  A  subcommittee  of  five  in  each  county,  to  be  appointed  by  the  central 
committee,  and  to  reside  in  the  shire-town  of  said  county. 

3  Another  committee  of  three  in  each  town,  to  be  appointed  by  the  respec- 
tive county  committees,  and  to  reside  in  the  principal  village  of  said  town. 

4  A  district  committee  of  three,  in  each  school  district,  to  be  appointed  by 
the  respective  town  committees. 

It  shall  be  the  duty  of  these  committees  to  procure  and  direct  the  opera- 
tions of  public  speakers,  to  lecture,  if  possible,  in  ever>-  school  district  in  the 
State;  to  publish  and  circulate  all  documents  tending  to  the  general  enlight- 
enment, and  to  devise  and  execute  such  other  measures  as  will,  in  their  esti- 
mation, promote  the  same  great  object. 

It  is  desired  that  the  Committees  in  furtherance  of  this  plan,  receive  and 
.solicit  donations  in  their  respective  territories;  and  keep  an  accurate  account 
of  receipts  and  expenditures,  to  Ix:  reported  in  some  public  journal  immedi- 
ately after  election. 

The  district  committees  shall  record  the  names  of  all  voters  in  their  respec- 
tive districts,  as  early  as  the  first  of  October,  and  report  to  the  countj-^  com- 
mittees through  the  town  committees,  the  prospective  result  of  the  election, 
that  the  former  may  be  advi.'^cd  what  sections  stand  most  in  need  of  efficient 
aid.  In  like  manner  and  for  the  same  purpose  shall  the  county  committees 
report  to  the  central  committee,  as  early  as  the  15th  of  Oct. 

To  effectively  carrj-  out  this  plan,  we  earnestb'  recommend  the  greatest  care 
in  the  appointment  of  the  committees,  especially  that  for  the  State;  as  on  the 
thorough  execution  of  the  measure,  its  usefulness  must  entirely  depend. 
They  would  suggest  that  where  municipal  and  other  civil  officers,  including 
postmasters,  are  known  to  be  qualified  for  these  duties,  they  receive  the  pref- 
erence; and  that  no  man  shall  be  made  chairman  of  any  committee  unless 
known  to  possess  energ\-  and  zeal. 

This  report  was  taken  up  for  consideration  by  sections,  and  was  finally 
unanimously  adopted. 

On  motion,  the  aid  and  cooperation  of  the  press  throughout  the  State  was 
respectfully  requested  to  contribute  their  influence  in  the  furtherance  of  the 
principles  of  free  schools. 

The  chairman  appointed  the  following  gentlemen,  residents  of  Syracuse,  as 
the  state  central  committee:  Messrs  Chas.  P.  Sedgwick,  Harvey  Baldwin, 
Wm.  Jackson,  D.  P.  Phelps,  T.  M.  Winchell,  and  A.  G.  Salisbury 


364  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

Messrs  McMasters  of  N.  Y.,  Prof.  Baerman  of  Troy,  Beekman  and  Whit- 
ney of  New  York,  Baldwin  of  Syracuse,  addressed  the  convention  eloquently, 
pro.  and  con.  on  the  subject  of  free  schools. 

The  following  resolution,  offered  by  Mr  Crandall  of  Syracuse,  was  unani- 
mously adopted: 

Resolved,  That  this  convention  recommend  to  the  several  towns  of  this 
State,  the  formation  of  town  associations  to  secure  the  discussion  of  the 
free  school  question. 

Votes  of  thanks  were  tendered  the  officers  of  the  convention,  the  city  of 
•'Syracuse,  and  its  citizens. 

When  at  six  o'clock  the  convention  adjourned,  sine  die. 

—  Syracuse  Daily  Standard,  July  12,  1850 

Free  School  Clarion 

We  have  hitherto  neglected  to  notice  the  prospectus  of  a  paper  to  be  called 
the  "  Free  School  Clarion,"  about  to  be  issued  from  the  office  of  the  Star,  in 
this  city.  The  paper  is  to  be  conducted  by  W.  L.  Crandall,  Esq.,  and  to  be 
devoted  exclusively  to  the  advocacy  of  free  schools,  and  to  sustaining  the 
present  law  as  the  surest  method  of  preserving  the  principle  in  this  State.  In 
the  hands  of  Mr  C.  the  paper  will  prove  an  efficient  publication,  as  he  is  now 
devoted  to  that  subject,  having  wholly  withdrawn  from  politics. 

—  Syracuse  Daily  Standard,  July  8,  1850 

Kinney  &  Masters  of  Syracuse  will  issue  on  the  loth  inst.,  a  weekly 
paper,  with  the  above  title,  to  be  published  until  after  the  election.  It  will 
strenuously  advocate  free  schools,  and  will  offer  a  hearing  through  its 
columns  to  sincere  opponents.     W.  L.  Crandall,  Esq.,  is  to  be  editor.    .    .    . 

Mr  Crandall  is  a  devoted  friend  of  free  education,  and  will  throw  all  his 
energies  into  the  campaign,  in  advocacy  of  the  cause.  But  he  nevertheless 
proposes  10  open  the  columns  of  the  Clarion  to  the  discussion  of  the  whole 
subject,  allowing  the  friends  and  the  foes  of  the  principle  involved  to  be 
heard.  It  should,  therefore,  have  a  general  circulation,  that  when  the  question 
shall  be  decided,  there  shall  not  be,  as  now,  the  plea  that  the  people  did  not 
understand  the  subject.  Information  should  be  spread  abroad  —  every  voter 
should  be  brought  to  exercise  his  thoughts  in  the  investigation  of  the  whole 
question  in  all  its  hearings  and  relations.  The  friends  of  free  schools  owe  it 
to  themselves  and  to  the  cause  to  contribute  the  means  to  send  the  Clarion 
into  every  part  of  the  State. 

—  Buffalo  Commercial  Advertiser,  July  9,  1850 

The  question  of  free  schools  is  to  form  no  inconsiderable  element  in  the 
coming  election  in  this  State.  Its  full  and  free  discussion,  before  the  people, 
is  desirable.  The  Free  School  Clarion  published  at  Syracuse,  discusses  the 
subject  on  both  sides,  and  is  exclusively  devoted  to  it.  As  a  matter  of  general 
intelligence,  therefore,  we  insert  below  the  prospectus : 

Shall,  or  shall  not.  New  York  have  free  schools?  This  question  is  to  be 
decided  by  the  electors  of  this  State,  at  the  polls  in  November  next.  It  is 
admitted  by  all  that  the  question  is  one  of  importance  and  absorbing 
importance. 


FREE   SCHOOLS  365 

Yet  this  question  has  never  been  discussed  before  the  people  of  New  York. 
It  was  not  discussed  in  1849.  It  was  never  discussed  within  the  borders  of 
the  State,  except  at  the  state  superintendents'  convention,  in  1846,  and  at  the 
state  free  school  convention  at  Syracuse,  which  adjourned  yesterday.  No 
county  or  town  or  neighborhood  meetings  have  been  held,  at  which  the 
principle,  the  right,  the  policy,  the  economy,  or  the  superiority  of  free 
schools  was  discussed.  The  press  of  the  State  has  not  discussed  it  The 
pulpit  has  not  discussed  it.  In  no  form  have  the  important  facts  and  a.Tgu- 
ments  which  control  this  great  question,  been  presented  to  the  people  at  large. 

The  object  of  the  Free  School  Clarion  is  to  meet  this  state  of  the  case. 
It  will  contain  a  full  account  of  the  history  of  the  common  school  system; 
its  organization ;  its  results.  It  will  also  give  every  view  that  the  great 
minds  of  the  State  can  present,  for  and  against  free  schools.  It  will  contain 
all  the  reasons  why  the  change  should  be  made;  why  the  late  system  does 
not  meet  the  demands  of  the  present  age.  In  our  opinion,  the  Clarion  will  be 
found  most  valuable  for  preservation,  as  furnishing  interesting  matter  not  to 
be  found  in  any  existing  publication.  It  is  almost  superfluous  to  say,  that 
this  information  and  argument  are  indispensable  to  the  right  decision  of  this 
cause  at  the  election. 

Each  number  will  contain  an  able  article  written  by  some  opponent  of 
free  schools.  Opponents,  as  well  as  friends,  will  read  the  Clarion  with 
interest,  both  sides  will  be  presented.  The  object  is,  to  have  the  question 
understood. 

The  free  school  state  convention,  held  at  Syracuse  on  the  loth  and  nth  of 
July  inst.,  which  was  the  largest  and  ablest  school  convention  ever  held  in 
New  York,  if  not  in  the  Union  —  unanimously  adopted  the  following  resolu- 
tion, ofTered  by  S.  S.  Randall,  of  Albany: 

Resolved,  That  we  approve  of  the  establishment  of  the  Free  School  Clarion, 
at  the  city  of  Syracuse,  for  the  purpose  of  disseminating  as  widely  as  possible 
information  in  reference  to  the  address,  adopted  at  the  Onondaga  county 
teachers'  institute  at  its  last  session,  and  the  address  of  Charles  B.  Sedgwick, 
Esq.,  at  a  previous  session  of  the  institute,  among  the  friends  of  free  schools 
throughout  the  State. 

The  first  number  of  the  Clarion  was  issued  on  the  loth  of  July.  The 
second  will  contain  the  address  of  the  convention  from  the  pen  of  Horace 
Greeley,  and  the  resolutions. 

—  Buffalo  Commercial  Advertiser,  July  29,  1850 

This  paper  will  be  published  at  Syracuse  until  the  1st  of  November,  and 
will  be  devoted  to  the  free  school  question,  with  reference  to  the  vote  of  the 
people  at  the  next  election. 

It  will  advocate  the  principle,  that  the  property  of  the  State  should  educate 
the  children  of  the  State.  It  does  not  approve  the  manner  in  which  the 
present  school  law  carries  out  that  principle.  But  it  will  maintain  that  the 
honor  and  reputation  of  New  York  demands  that  the  people  sustain  the 
principle  by  sustaining  the  law,  and  then  compel  amendments  by  the  Legis- 
lature. 

All  these  points  will  be  fully  discussed,  and  some  of  them  by  the  best 
minds  in  the  country.  The  policy  of  the  free  schools  will  be  thoroughly 
presented.  How  can  this  great  question  be  intelligently  decided,  unless 
thoroughly  examined? 


366  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

The  Clarion  has  aiu'ther  distinct  feature,  liach  number  will  contain  an 
able  article  written  by  some  opponent  of  free  schools.  Opponents,  as  well  as 
friends,  will  read  the  Clarion  wilh  interest,  for  both  sides  will  be  presented. 
The  object  is  to  have  the  question  understood. 

Eveiy  intelHgent  individual,  therefor,  who  wishes  to  secure  the  leading 
facts,  ideas  and  argumenls,  pro  and  con,  upon  this  great  question  —  and  in 
a  form  convenient  for  preservation,  can  now  do  so  for  a  trifling  sum. 

—  Albany  Argus,  August  2,  18^0 

The  Free  School  Law 

The  citizens  of  Buffalo,  friendly  to  the  principle  of  free  schools  throughout 
the  State  and  in  favor  of  sustaining  it  at  the  coming  election,  are  requested 
to  meet  at  the  common  council  chamber  on  Wednesday  evening,  October  30, 
to  effect  such  organization  as  will  bring  out  a  full  expression  of  public  senti- 
ment at  the  polls. 

O.  G.  Steele 
N.  H.  Gardner 
H.  K.  Viele 
S.  S.  Jewett 
Harrison  Park 

Committee  for  the  County  of  Erie 
—  Buffalo  Commercial  Advertiser,  October  29,  i8$o 

Free  Schools 

On  Wednesday  evening,  30th  of  October,  in  response  to  the  call,  a  meeting 
of  citizens  was  convened  in  tlic  city  council  chamber,  for  the  purpose  of 
concerting  measures  for  securing  a  full  vote  favorable  to  a  law  for  the 
support  and  maintenance  of  free  schools  throughout  the  State.  Organization 
was  effected  by  the  choice  of  Wm.  Lovering,  president,  Patrick  Short  and 
John  A.  Welmer,  vice  presidents,  and  Wm.  Treat,  secretary. 

The  object  of  the  meeting  having  been  briefly  stated,  a  motion  of  Mr 
O.  G.  Steele,  was  sustained,  suggesting  a  committee  on  resolutions,  and  a 
committee  on  nominations  of  a  vigilance  committee,  be  appointed  by  the 
chair. 

For  a  committee  on  resolutions  the  president  appointed  Messrs  V.  M.  Rice, 
O.  G.  Steele,  and  F.  C.  Brunch. 

The  committee  on  resolutions  submitted  the  following  with  the  accompany- 
ing preamble,  which,  on  motion,  were  accepted  and  adapted. 

I'/hereas,  by  an  act  of  the  Legislature  the  question  of  free  schools,  has  been 
again  submitted  to  a  vote  of  the  electors  of  this  State  —  and  whereas, 
through  the  influence  of  the  enemies  of  a  system  of  education  which  embraces 
alike  the  rich  and  the  poor,  the  children  of  the  laboring  man  and  those  of  the 
capitalist,  its  resubmission  was  effected  before  the  operations  of  the  law 
could  be  tested  — ■  and  whereas,  we  have  fully  tested  the  benefits  of  such  a 
system  in  this  city,  and  believe  it  to  be  of  vital  importance  to  the  security 
of  property  and  to  the  hopes  and  welfare  of  the  children  throughout  the 
State  —  and,  whereas,  it  has  become  "  a  fixed  fact,"  that  under  the  operation 
of  the  new  law,  there  were  added  to  the  schools  over  one  hundred  thousand 


FREE   SCHOOLS  367 

children  —  a  mighty  band  for  weal  or  woe !  —  and,  whereas,  it  will  be  com- 
petent for  the  Legislature  to  make  such  amendments  to  the  present  law  as 
experience  may  show  to  be  necessary  —  and,  whereas,  in  the  opinion  of  this 
meeting,  a  vote  of  the  people  against  repeal,  will  finally  settle  the  principle 
of  schools,  free  to  all,  and  bear  the  highest  testimonal  of  our  earnest,  desire 
for  the  welfare  of  the  country  and  the  perpetuity  of  its  free  institutions  by 
intelligent  freemen,  therefore. 

Resolved,  That  we  will  make  it  our  business  upon  the  day  appointed  to 
test  the  question,  not  only  to  vote  against  the  repeal  of  the  new  school  law 
ourselves,  but  to  urge  our  fellow  citizens  to  do  likewise. 

The  follov/ing  names  of  persons  were  submitted  by  report  of  committee 
to  constitute  a  vigilance  committeee  and  their  report  adapted. 

—  Buffalo  Commercial  Advertiser,  October  31,  1850 

Form  of  the  Ballot 

SCHOOL 
For  the  Repeal  of  the  New  School  Law 

SCHOOL 
Against  the  Repeal  of  the  New  School  Law 

The  ballot  must  be  so  folded  as  to  conceal  all  the  words  except  the  word 
"  School "  which  must  appear  on  the  ballot  as  folded. 

—  Rochester  Daily  Democrat,  October  8,  1850 

The  Mechanics  on  Free  Schools 
An  Address 

Adopted  by  the  annual  convention  of  Mechanics'  Mutual  Protections  of  the 
State  of  New  York,  held  at  Syracuse,  Aug.  15,  1850; 

With  the  request  that  every  paper  in  the  State  of  New  York  friendly  to 
free  schools  give  it  an  insertion. 

Fellow  mechanics !  Workers  of  whatever  name  or  occupation !  Citizens 
of  every  class  of  this  great  Empire  State. 

We  are  called  to  act,  at  our  coming  election,  upon  one  of  the  greatest 
questions,  if  not  the  most  momentous  one,  that  ever  did  or  ever  can  agitate 
a  free  people.  Shall  or  shall  we  not  have  schools  free  to  all  children  of  the 
commonwealth,   of   whatever  condition  or  calling? 

It  being  a  question,  whose  decision  will  not  only  effect  the  interests  of  those 
now  on  the  stage  of  action,  but  will  continue  to  radiate  its  good  or 
evil  effects  in  an  increased  ratio  of  power  upon  those  who  are  to  rise  up  in 
our  places,  to  guide  the  ship  of  State,  and  hold  in  trust  the  charter  of  human 
liberty,  it  is  our  duty  to  act  with  that  consideration  which  shall  result  in  the 
accomplishment  of  the  greatest  good.  To  this  end,  we  should  suffer  no 
prejudices  to  bias  our  judgments,  no  personal  piques  to  warp  our  feelings  — 
no  mercenar\-  motive  to  thwart  our  generous  impulses  —  but  rather  consider 
the  subject  calmly  in  all  its  bearings,  then  rise  above  all  selfish  feelings,  and 
act  wholly  for  the  good  of  our  Race  and  for  those  who  are  yet  too  young  to 
feel,  know  and  act  for  themselves. 

Believing,  then,  that  the  establishment  of  a  system  of  free  schools  is  called 


368  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

for  by  right  and  justice,  this  convention  should  not  shrink  from  urging 
upon  every  citizen  of  this  State  who  believes  that  the  child  should  be  "  trained 
up  in  the  way  he  should  go,"  that  "  knowledge  is  power,"  to  put  his  shoulder 
to  the  work  and  help  to  triumphantly  sustain  the  decision  once  made  by  the 
people,  that  our  schools  should  be  free. 

There  is  no  one,  probably,  among  all  the  opponents  of  the  measure,  that 
will  deny  the  great  and  inestimable  worth  of  a  good  education,  or  that 
republican  institutions  can  never  live  and  thrive  among  an  ignorant  people. 
They  all  admit  these  truths,  yet  many  of  them  will  deny  any  right  to  Gov- 
ernment to  diffuse  intelligence  among  its  subjects.  They  seem  to  forget  it 
is  to  Government  they  are  indebted  for  their  success,  and  their  right  to 
acquire  and  hold  property  —  that  it  is  the  intelligence  of  the  people  that 
makes  their  rights  respected. 

Property  is  aquired  by  labor — 'by  sweating  and  toiling.  It  is  the  strong 
sinews  and  muscles  that  fill  the  coffers  of  the  world.  It  is  by  the  intelligence 
and  industry  of  its  people  that  a  nation  prospers  and  grows  rich.  If  that 
industry  is  guided  by  knowledge,  the  rise  of  the  nation  to  power  and  renown, 
is  just  in  proportion  to  the  perfection  of  their  knowledge.  The  truth  of 
this  is  seen  in  the  striking  contrasts  that  are  found  wherever  ignorance 
of  knowledge  is  enthroned,  and  is  strongly  exhibited  between  the  Scotchman 
and  the  Hottentot,  the  European  and  the  Indian,  the  Englishman  and  the 
Australian,  or  the  people  of  the  United  States  and  the  people  of  Mexico. 

If  a  nation's  wealth  is  wrought  out  by  the  toil  of  its  subjects  —  if  its 
greatness  is  built  up  by  those  subjects  —  it  must  follow  that  it  owes  them 
reciprocal  obligations.  It  should  accrue  to  them  the  greatest  amount  of  good 
possible  in  all  things  concerning  their  temporal  affairs,  and  open  to  them 
such  streams  of  light  as  shall  tend  to  enlarge  their  mental  powers  and 
increase  their  comforts  and  pleasures,  thereby  improving  their  condition  in 
all  respects,  while  at  the  same  time  it  would  build  a  bulwark  of  defense  in 
the  hearts  of  its  subjects  that  no  enemy  could  break  down. 

In  the  words  of  one  of  education's  most  able  champions,  "  The  State  in  its 
sovereign  capacity  has  the  deepest  interest  in  this  matter."  If  it  would  spread 
the  means  of  intelligence  and  self-culture  over  its  entire  surface,  making 
them  diffusive  as  sunshine,  causing  them  to  penetrate  into  every  hamlet  and 
dwelling,  and  like  the  vernal  sun  quickening  into  life  the  seeds  of  usefulness 
and  worth,  wherever  the  prodigal  hand  of  Virtue  may  have  scattered  them; 
it  would  call  into  existence  an  order  of  men  who  would  improve  its  arts, 
impart  wisdom  to  its  counsels,  and  extend  the  beneficent  sphere  of  its 
charities.  Not  for  its  own  sake  only,  should  it  assume  this  work.  It  is  a 
corollary  from  the  axioms  of  its  constitution  that  every  child  born  within  its 
borders,  should  be  enlightened.  In  its  paternal  character  it  is  bound,  even  to 
those  who  can  make  no  requital.  Sacredly  is  it  bound  to  develop  all  the 
existing  capacities,  and  to  secure  the  utmost  attainable  well-being  of  that 
vast  crowd  and  throng  of  men  who,  without  being  known  during  life  beyond 
the  neighboring  hills  —  without  leaving  any  proud  name  behind  them  after 
death,  still  by  their  lifelong  industry,  fill  up,  as  it  were,  drop  by  drop,  the 
mighty  stream  of  the  country's  prosperity. 

There  is  not  a  barbarous  nation  that  has  any  specific  established  govern- 
ment, but  nwkes  ample  provision  for  the  comparatively  superior  education  of 


FREE  SCHOOLS  369 

its  heir  of  sovereignty.  How  much  more  needful  then,  that  all  should  be 
prepared  for  their  responsibilities  where  all  are  born  to  the  right  to  hold  and 
exercise  controlling  power! 

It  is  the  State  and  property  holders  who  reap  the  increased  value  that 
honest  industry  gives  to  everything. 

The  poor  day-laborer  receives  only  a  stipulated  pittance  of  four,  six,  or 
ten  shillings  for  his  day's  toil,  which  with  the  vicissitudes  that  surround  him, 
is  too  often  barely  enough  to  keep  together  the  body  and  soul  of  those 
dependent  on  his  hands  for  support.  Now  his  toil,  combined  with  that  of  his 
fellows,  may  have  the  effect  to  increase  the  value  of  the  property  in  the 
vicinity,  five,  ten,  fifteen,  or  even  one  hundred  per  cent;  yet  does  he  receive 
any  of  the  pecuniary  benefit?  It  falls  to  the  lot  of  the  property  holders 
and  tends  to  increase  the  disparity,  and  is  even  too  often  used  to  augment  the 
poor  man's  miser>'. 

This  being  the  case,  and  no  one  can  truly  deny  it  who  will  look  at  the 
facts  as  they  exist  —  it  is  but  justice  that  property,  inasmuch  as  it  is  the 
creation  of  the  State,  gathered  by  the  hand  of  toil,  and  held  in  trust  by  its 
citizens  for  their  present  use,  to  be  transmitted  to  coming  generations,  should 
be  used  by  the  State  to  enoble  and  elevate  those,  by  giving  to  all  people 
the  means  of  that  light  and  knowledge  which  shall  enable  them  rightly  to 
understand  their  responsibilities  and  duties  as  sentient  beings  and  citizens 
of  a  common  republic. 

Let  the  opposers  of  free  schools  make  a  thorough  and  candid  examination 
of  all  of  our  jails,  prisons  and  other  places  of  criminal  punishment  —  let  him 
look  into  the  records  of  our  courts,  and  see  what  a  startling  disparity  is 
exhibited  between  the  uneducated  and  those  possessing  a  common  school 
education.  Let  him  sit  down  with  an  unbiased  mind  and  contemplate,  even 
in  his  own  circle  of  acquaintance,  the  great  difference  in  the  capacity  of 
those  of  equal  natural  abilities  who  are  educated,  and  those  who  are  not. 
Let  him  sum  the  advantages  that  would  accrue  to  himself,  to  themselves  and 
to  the  community,  were  they  possessed  of  the  knowledge  to  be  acquired  in  a 
well  conducted  common  school.  Let  him  go  into  a  neighborhood  where  the 
mass  are  illiterate,  ignorant  and  superstitious  (for  superstition  as  well  as 
crime  always  goes  hand  in  hand  with  ignorance)  and  mark  how  Discord 
holds  revel  —  how  crime  stalks  about  and  property  is  held  at  low  value.  Let 
him  visit  it  again  and  find  the  place  occupied  by  intelligent  citizens  and  mark 
the  change.  Thrift  and  order  now  bear  sway,  while  property  has  doubled  and 
trebled  in  value.  Let  him  make  these  and  other  legitimate  fruits  of  a  truly 
enlightened  people,  and  he  will  no  longer  oppose  the  spread  of  that  knowledge 
which  must  flow  from  a  well  supported  system  of  free  schools. 

There  are  many  who  oppose  the  present  law  and  yet  are  in  favor  of  a 
free  system.  They  object  to  some  details  of  this  law,  preferring  others 
instead.  Now  it  can  not  be  expected  that  any  law,  especially  one  of  so  great 
magnitude,  can  at  its  inception  be  made  perfect  and  satisfactory  to  all.  It 
is  not  in  the  constitution  of  human  law  givers.  Let  the  law  be  made  as  it 
will,  it  can  not  suit  in  ever>'  particular  all  those  who  are  favorable  to  the 
principle  involved.  Why,  then,  should  those  who  are  friends  of  education 
wrangle  about  small  points  and  details,  and  thus  lose  the  good  we  all  so  much 
prize? 

24 


370  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

There  are  those  who  are  deadly  opposed  to  the  dissemination  of  knowledge, 
who  will  battle  against  any  and  every  system  that  can  be  devised  to  dissipate 
the  darkness  of  ignorance.  It  is  with  such  characters  we  clasp  hands  as 
"  hail  fellows  well  met "  when  we  conclude  to  throw  our  influence  in  the 
present  crisis  against  the  present  law.  And  a  defeat  at  the  coming  election 
would  be  hailed  by  them  as  an  emphatic  quietus,  now  and  forever,  on  the 
subject  of  free  schools  in  this  State. 

It  is  in  view,  then,  of  the  welfare  and  progress  of  untold  numbers,  and  of 
our  future  prosperity  as  a  people,  that  we  would  most  earnestly  urge  upon 
every  friend  of  universal  education  reform,  to  lay  aside  his  prejudices, 
and  give  the  cause  a  hearty  support. 

Then  may  we  have  the  opportunity  to  give  the  law  a  fair  test,  correct 
its  defects,  and  eventually  make  it  what  the  wants  of  the  people  demand.  It 
has  not  yet  had  a  fair  trial.  It  was  met  on  the  very  threshold  of  its  adoption 
by  the  most  virulent  opposition.  Every  means  was  resorted  to  by  a  portion 
of  its  opponents  that  could  be  devised,  to  render  it  odious  and  burdensome, 
and  thus  set  the  wavering  against  it,  and  make  its  strongest  friends  doubt  its 
expediency.  In  part  they  have  succeeded  —  so  far  as  to  induce  our  Legislature 
again  to  refer  it  to  the  People. 

And  now  let  the  people  thunder  back  to  the  Legislature  their  displeasure 
in  such  tones  as  shall  teach  our  servants  not  again  to  put  in  jeopardy  the 
will  of  such  a  vast  majority  as  last  November  bade  our  schools  be  free. 

T.  E.  Wetmore 
Wm.   McAvoy   of   Rochester 
J.  A.  Haneschuck  of  N.  Y, 
R.  Sparks 
Chas.  Sentell  of  Waterloo 

Committee 
—  Journal  of  Education  and  Teachers  Advocate,  September  i6,  1850 

The  National  Educational  Convention 
(Held  at  Philadelphia,  Pa.,  August  28-31,  1850) 

The  3d  day's  proceedings  commenced,  Mr  Henry,  of  Washington,  in 
the  chair,  with  the  discussion  of  the  annexed  resolution,  submitted  by  Mr 
McElligott,  of  New  York,  upon  which  spnmg  up  the  most  interesting  and 
animated  debate  of  the  session. 

The  resolution  is  as  follows,  viz : 

Resolved,  As  the  judgment  of  this  convention,  that  a  due  regard  to  mere 
political  interests,  no  less  than  the  higher  obligations  of  Chrisitian  duty, 
requires  of  every  state  to  provide,  by  general  tax  or  otherwise,  a  system  of 
free  schools,  accessible  to  every  child  of  suitable  age  within  its  limits,  and 
affording  to  all  equal  advantages  for  a  sound  and  efficient  course  of  instruc- 
tion, physical,  moral  and  intellectual. 

The  resolution  was  discussed  by  J.  W.  Bulkley,  of  New  York;  G.  F. 
Thayer,  of  Mass. ;  Dr  Cutter  of  Mass. ;  Joel  B.  Sutherland,  of  Penn. ; 
Mr  Steckman  of  Ohio;  Mr  Burleigh  of  Baltimore;  Mr  Pennypacker  of 
Penn. ;  Nathan  Nathans  of  Philadelphia ;  James  N.  McElligott  of  New  York ; 
Henry  Hazen  of  New  York;  Mr  Ryerson,  Superintendent  of  Public  Instruc- 
tion of  Upper  Canada;   Mr  Forbes  of   Mass.;   Henry  Barnard  of   Conn.; 


FREE  SCHOOLS  37I 

Mr  Green  of  Massachusetts;  Mr  Rainey  of  Cincinnati;  Mr  Hamill  of  New 
Jersey;  Bishop  Potter  of  Penn. ;  Mr  Lee  of  New  York;  Dr  Elder  of 
Philadelphia ;  Mr  Clark  of  Louisiana ;  Professor  Rogers  of  Virginia ;  Mr 
Newbury  of  Michigan;  Rev.  Washburn  of  New  York;  Jos.  Cowperwaithe 
of  Philadelphia ;  Mr  Ludlow,  of  Philadelphia. 

The  debate  was  upon  the  question  whether  the  convention  should  recom- 
mend free  schools,  as  distinguished  from  schools  generally;  and  also  whether 
there  should  be  a  general  tax.  Several  amendments  were  offered,  and  voted 
down.  Another  discussion  was  upon  the  question  whether  the  schools  should 
be  styled  "  public  "  or  "  free  schools."  An  amendment  by  striking  out  the 
latter  words  and  inserting  "  public  '  was  voted  down. 

Mr  Barnard,  of  Connecticut,  offered  an  amendment  as  a  substitute, 
designed  to  get  over  the  difficulty,  which  was  also  voted  down. 

Bishop  Potter,  of  Pennsylvania,  offered  a  substitute,  which  was  voted 
down. 

The  original  resolution  was  finally  adopted,  by  a  vote  nearly  unanimous. 
—  Journal  of  Education  and  Teachers  Advocate,  September  16,  1850 

Free  Schools 
Mr  Editor:  I  had  the  pleasure  last  evening  of  attending  a  meeting  of  the 
inhabitants  of  the  fifth  ward,  in  this  village,  held  at  the  schoolhouse.  A.  W. 
Jackson,  Esq.,  was  called  to  the  chair,  and  Col.  Smith  offered  the  following 
resolution,  which,  after  a  very  animated  discussion  pro  and  con,  was 
adopted  by  an  overwhelming  majority: 

Resolved,  That  we  are  in  favor  of  free  schools  as  the  best  safeguards  of 
our  free  government ;  and  that  as  the  best  means  of  securing  them,  we  will 
vote  for  the  present  free  school  law  at  the  coming  election,  and  will  use  our 
influence  to  have  it  so  amended  by  the  next  Legislature,  that  the  taxes 
for  the  support  of  the  schools  shall  be  more  equitably  assessed  upon  the 
property  in  the  State. 

Would  it  not  be  a  good  plan  for  the  friends  of  free  schools  to  hold 
meetings  in  their  respective  school  districts  throughout  the  county,  and  give 
the  subject  a  thorough  discussion? 

Broome  county  did  well  on  that  question  last  fall;  but  I  hope  she  will 
make  a  cleaner  sweep  this  time,  and  give  so  large  a  majority  for  free 
schools  that  our  representative  in  the  Legislature,  whoever  he  may  be,  will 
not  deem  it  necessary  to  ask  his  constituents  again  if  they  meant  what  they 
said  when  they  voted  for  free  schools 

Fourth  Ward 
—  Binghamton  Republican,  September  24,  1850 

Education  by  Law 
Mr  Editor 

The  most  benevolent  and  philanthropic  minds  of  the  age  are  pleading 
earnestly  in  behalf  of  the  thorough  education  of  the  people;  for  upon  this 
depends  everything  great  and  good  to  the  human  family.  If  this  be  the 
fact,  let  all  who  think  of  voting  against  the  free  school  law,  reflect  that 
their  opposition  springs  from  a  lack  of  proper  love  for  their  fellow  men.  If 
any  one  desires  to  be  good,  and  to  pursue  the  noblest  life,  keep  this  fact 


372  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

before  him,  that  the  thoughts  of  the  wisest  are  the  most  truthful,  and  the 
feelings  of  the  purest  are  the  most  correct.  If,  then,  an  individual  finds 
himself  inclined  against  the  course  of  the  best  men,  let  him  reflect  that  he  is 
not  as  good  as  he  should  be.  It  is  dangerous  for  a  man  to  vote  against  the 
free  education  of  the  people,  for  that  is  a  question  of  such  momentous 
moral  consequences,  that  our  regard  for  it  springs  from  our  love  for  man, 
and  our  opposition  to  it,  is  due  to  our  selfishness  and  our  hatred  of  our 
fellow  men !  To  him  therefore,  who  votes  against  the  law  will  be  imputed 
baseness  of  character,  and  so  will  all  the  good  and  true  of  the  State  and 
world  regard  it 

The  people  must  be  educated.  Some  parents  are  too  poor  to  educate  their 
children,  and  many  who  are  not  poor  are  too  base  to  do  so.  Shall  the 
children  of  the  poor  be  held  accountable  for  their  pai^ents'  poverty  —  shall 
we  say  to  them,  "  you  are  to  blame  for  having  poor  parents  ?  "  God  forbid ! 
Shall  we  say  to  the  children  of  base  parents,  'you  are  gviilty  of  your 
parents'  folly,  and  it  is  good  enough  for  you  to  be  bred  in  ignorance? '  God 
forbid ! 

We  know  that  all  poverty,  vice,  crime,  and  misery  result  from  ignorance. 
It  has  starved  millions  in  Europe;  it  has  impoverished  25,000,000  out  of 
30,000,000  of  the  population  of  Great  Britain.  It  has  kept  the  old  world 
in  despotism  and  superstition.  It  has  filled  the  jails,  poor  houses,  peniten- 
tiaries, hospitals  and  asylums  of  this  country.  It  has  thrown  20,000  of  the 
people  of  the  city  of  New  York,  into  damp  and  filthy  cellars,  where  they 
eat,  sleep  and  lodge  in  darkness  and  away  from  fresh  air.  It  has  built  all 
our  cities  against  the  laws  of  health,  and  they  are  slaughter  houses  of 
humanity.  Forty  thousand  people  in  Cincinnati,  where  I  reside,  get  scarcely  a 
fresh  breath  of  air  during  the  w'hole  year.  Ignorance  has  done  all  this, 
and  ten  thousand  times  more  injury  to  the  human  family. 

All  evils  are  to  be  removed  by  education,  and  he  who  votes  against  the 
development  of  the  young,  votes  for  all  the  vices,  crime,  poverty  and  woe 
of  the  world. 

If  the  law  be  imperfect,  let  it  be  amended  by  the  legislature ;  but  let  not  the 
the  system  of  free  schools  be  voted  down. 

Yours  &c, 

L.  A.  HiNE 
—  Syracuse  Daily  Standard,  July  8,  1850 

"  The  question  before  the  people  is  not  schools  or  no  schools  as  I  have 
frequently  had  occasion  to  remind  its  advocate.     W." 

I  quote  from  memory,  but  think  this  the  spirit,  if  not  verbatim,  of  "  W's  " 
language.  And  I  take  the  position  that  to  many  children  (and  the  children 
more  than  any  one  else  are  interested),  in  effect  the  question  is  —  "schools 
or  no  schools?  " 

Under  the  operation  of  the  old  law,  poor  parents  dreaded  the  rate  bill,  and 
many  were  too  proud  to  send  their  sons  and  daughters  to  school  under  the 
sanction  of  a  law  which  counted  them  paupers.  The  effect  was,  that  a  great 
many  thousands  were  kept  out  of  the  common  schools.  To  them  the  doors, 
leading  to  light  and  hope,  were  virtually  closed.  For  them  there  were 
"  no  schools." 


FREE   SCHOOLS  373 

Under  the  encouraging  operation  of  the  new  school  law  most  of  these 
children  have  been  gathered  in.     For  them  there  are  now  "  schools." 

In  most  of  the  districts  where  there  is  a  population  made  of  persons 
engaged  in  different  occupations,  the  increase  of  the  number  of  children 
brought  into  the  schools  has  been  beyond  anticipation.  It  has  ranged  from 
12  to  IOC  scholars. 

No  man  can  know  how  hard  it  was  for  many  to  pay  a  rate  bill,  unless 
he  has  been  the  father  of  a  large  family  of  children,  which  he  has  supported 
by  his  daily  toil.  By  the  time  a  parent  thus  situated  has  paid  his  rent, 
bought  his  wood,  his  flour,  butter,  pork  or  beef,  tea,  clothes,  shoes,  (if  he 
can  afford  one-half  of  these  articles)  for  himself,  wife  and  5  or  9  children, 
he  can  have  but  little  left,  saying  nothing  of  church  rent)  with  which  to 
pay  a  rate  bill.  Neither  can  a  selfish,  spiritless  man,  appreciate  the  feelings 
of  a  noble  father  when  he  knew,  that  if  his  children  went  to  school  at  all, 
they  must  go  as  paupers.  Away  with  praise  for  a  law  which  pressed  thus 
upon  man's  dignitj-,  upon  his  self-respect. 

Sustain  the  present  law  and  let  the  children  know  and  feel  that  to  drink 
at  the  fountain  of  knowledge  is  their  right,  that  henceforth  they  may  partake 
freely,  and  their  children  after  them  and  so  on  from  generation  to  generation 
far  into  a  better  future,  and  a  shout  of  joy  and  gladness  shall  arise  from 
the  fullness  of  their  young  hearts,  making  the  hills  and  the  valleys  of  the 
Empire  State  ring  for  very  joy. 

"A  good  time's  coming  boys 
Wait  a  little  longer.  ' 

—  Buffalo  Commercial  Advertiser,  August  23,  1850 

Public  Education 

The  reference  of  the  free  school  law  back  to  the  people  of  this  State  for 
their  decision  at  the  coming  election  has  given  rise  to  considerable  discussion, 
not  only  upon  the  merits  of  the  law  itself,  but  also  upon  the  subject  of 
education  in  its  general  bearing  upon  society.  Strange  as  it  may  appear, 
there  is  a  class  in  the  community,  who  contend  that  the  child  should  be 
restricted  to  the  common  English  branches,  while  another,  and  we  believe  and 
trust,  the  larger  class  claim  that  every  child  should  have  the  opportunity  of 
reaching  the  highest  attainments. 

That  a  liberal  system  of  instruction  is  best  calculated  to  ensure  permanency 
to  republican  institutions,  there  would  seem  to  be  no  chance  for  more  than 
one  opinion.  Our  government  is  one  of  equal  rights,  intended,  as  far  as 
government  can  do  it,  to  promote  an  equalization  of  gifts  and  blessings,  and 
so  far  as  education  can  be  made  a  gift  of  the  government,  it  should  be 
universal.  In  its  quality  and  character,  it  should  not  stop  short  of  the  utmost 
expansion  of  the  mind. 

The  constitutions  of  our  nation  and  state  governments  place  all  men 
upon  an  equality  in  the  right  to  vote,  and  it  is  but  a  natural  and  necessary 
accompaniment  of  that  right  that  their  intellectual  advantages  should  be 
equalized.  To  give  a  man  power,  and  then  to  deny  him  that  intelligence 
which  is  indispensable  to  enable  him  to  exercise  it  understandingly,  is  to 
confer  not  only  a  useless  but  a  fatal  gift.  The  elective  franchise  conferred 
upon  a  body  of  men   incapable  of   reasoning  or   reflecting,  would  destroy 


374  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

the  government  it  was  intended  to  support.  When  we  say  we  believe  in 
the  capacity  of  men  for  self-government,  we  always  pay  them  the  compli- 
ment of  supposing  them  to  be  enlightened.  An  ignorant  man  may  have 
the  right  to  vote,  but  the  most  rampant  demagogue  could  not  believe  m 
his  capacity,  and  it  is  only  safe  to  allow  him  this  privilege  upon  the  principle 
that  the  intelligent  will  govern  the  ignorant,  and  render  subordinate  that 
portion  of  the  community,  although  entitled  only  to  equal  privilege  and 
power.  The  only  equitable  and  safe  principle  is  to  render  as  far  as 
practicable  all  parts  alike  intelligent. 

So  far  has  the  principle  of  the  necessity  of  education  in  a  free  govern- 
ment been  admitted,  that  in  every  State  all  parties  have  united  in  establish- 
ing systems  of  instiiiction.  These  sj'stems  have  been  limited  at  first  by 
lack  of  pecuniary  means,  but  have  expanded  with  the  increasing  wealth  of 
the  countr>%  until  even  our  common  schools  have  become  the  means  of  a 
wide  range  of  instruction. 

Our  educational  as  well  as  our  political  system  is  intended  to  break 
down  all  inequalities  and  place  men  upon  the  same  platform  of  duties, 
honors  and  advantages.  The  public  school  system  should  not  be  degraded 
by  the  preservation  of  better  systems  for  the  rich  and  privileged,  which 
tend  to  classify  society,  and  keep  up  those  invidious  distinctions,  which  it 
should  be  the  aim  of  a  government  like  ours  to  overthrow.  The  rich  as 
well  as  the  poor  should  be  proud  to  partake  of  it,  and  when  it  reaches 
such  perfection  that  those  who  would  be  separatists  can  have  no  excuse  for 
seeking  a  more  liberal  education  elsewhere,  it  will  be  a  day  of  true  rejoicing 
to  all  the   friends  of   rational  progress  in  liberty. 

—  Syracttse   Daily   Standard,   July   g,   1850 

We  are  aware  that  not  a  few  of  our  readers  are  opposed  to  the  present 
free  school  law,  if  not  to  free  schools  under  any  circumstances.  We  are 
aware,  too,  that  they  claim  to  be  reasonable  men,  and  hence  ought  not  to 
refuse  to  listen  to  what  may  be  said  in  defence  of  the  principle,  while  its 
friends  profess  a  willingness  to  allow  due  weight  to  all  that  may  be  said 
against  it.  As  for  ourselves,  we  believe  it  to  be  a  righteous  provision  — 
one  which  is  in  accordance  with  the  spirit  of  rational  reform  which  marks 
the  present  century  —  and,  when  properly  regulated,  one  which  is  capable  of 
working  out  enduring  benefits  to  the  country.  We  do  not  say  this  particu- 
larly in  reference  to  the  present  act  —  which  in  our  opinion  is  imperfect  in 
several  of  its  provisions,  and,  perhaps  in  some  particulars,  unequal  and 
oppressive — but  we  speak  of  the  principle  itself  —  believing  at  the  same 
time  that  the  law  sought  to  be  repealed  is  in  the  main  wise  and  liberal, 
and  as  near  perfection  as  an  average  of  laws  equally  complicated  and  im- 
portant. The  machinery  which  regulates  our  common  schools,  has  ever 
been  most  difficult  of  such  an  adjustment  as  would  secure  its  highest 
efficiency;  and  hence  legislation  upon  this  subject  has  been  varied  and 
frequent,  and  a  long  scries  of  years  has  scarcely  been  able  to  perfect  the 
system  as  established  under  the  old  law.  Is  it  reasonable,  then,  to  look  for 
perfection  in  the  first  draft  of  a  law  which  makes  such  important  changes 
in  the  whole  system,  and  to  condemn  all  the  provisions  of  that  law  because 
a  few  of  them  need  amendment  and  modification?  We  cannot  so  regard  it. 
The  friends  of  reform  were  a  long  time  engaged  in  procuring  the  passage 


FREE   SCHOOLS  375 

of  an  act  establishing  free  schools  in  this  State,  and  they  had  a  right  to 
ask  and  expect  at  least  a  fair  trial  of  such  act,  before  its  provisions  were 
bitterly  assailed  and  before  a  clamor  should  be  raised  for  its  repeal.  The 
act  again  submitting  it  to  the  people  —  almost  immediately  after  they  had 
sustained  it  by  an  overwhelming  majority  —  was  an  insult  to  their  intelligence 
and  stability;  and  we  shall  be  disappointed  if  their  verdict  is  not  an 
emphatic  repetition  of  their  former  decision.  Amendment  and  not  repeal 
is  what  the  public  sentiment  requires ;  and  we  doubt  very  much  whether  the 
intelligent  voters  of  the  Empire  State  are  so  soon  ready  to  do  an  act  defeat- 
ing their  own  interests  and  demonstrating  their  inconsistency. 

As  to  the  idea  itself  of  having  our  primary  institutions  of  learning  free 
to  all  who  will  avail  themselves  of  the  important  benefits  which  they  confer, 
it  appears  to  us  there  should  be  but  one  opinion.  Indeed,  we  much  mistake 
the  temper  of  the  times,  if  so  beneficent  a  reform  has  been  agitated  merely 
for  the  purpose  of  an  early  and  more  effective  defeat.  The  interests  of  a 
people  must  ever  be  deeply  involved  in  the  character  and  success  of  the 
provisions  which  may  be  made  for  the  education  of  the  rising  generation, 
and  in  the  means  employed  to  secure  the  benefits  of  such  education  to  the 
largest  possible  number.  In  the  intelligence  and  virtue  of  the  people  must 
ever  be  the  strongest  guaranty  of  the  stability  of  a  republic;  and  that 
man  who  does  most  to  disseminate  the  principles  of  morality  and  truth, 
to  bring  all  the  youths  of  the  land  under  a  salutar>'  mental  and  moral 
discipline,  and  thus  labors  to  enlighten  and  elevate  the  common  understand- 
ing, he  is  the  greatest  benefactor,  and  deserves  most  of  the  people  he  is 
faithfulh'  serving.  And  in  aspiring  thus  to  deserve  well  of  one's  country,  it 
becomes  a  question  of  interest  how  the  great  object  is  best  accomplished 
without  imposing  undue  burdens  upon  those  not  naturally  compelled  to 
bear  them,  and  how  far  individuals  are  morallj-  under  obligations  to  make 
sacrifice,  if  need  be,  for  the  general  good.  Free  schools,  we  are  told, 
demand  too  many  of  these,  but  the  experience  of  other  States  is  a  conclusive 
answer  to  the  objection,  and  the  reflection  which  we  have  been  able  to 
bestow  upon  the  subject  produce  the  conviction  that  the  advantage  which 
the  individual  derives  from  the  general  benefits  more  than  counterbalances 
the  petty  sacrifices  which  he  may  be  called  upon  to  make.     More  anon. 

—  Canajoharie    Radii    {editorial),    June    6,    1850^ 

Free  Schools 

The  importance   of   the   subject   of   education  —  the   interest   which   must 

attach  itself  to  the  means  which  are  proposed  to  elevate  its  standard,  and 

to   secure  its  universal   dissemination  —  are  surely  a  sufficient  apology  for 

'  James  Arkell,  manufacturer,  was  a  descendant  of  Sir  Hugh  De  Aracle  and  of  Sir 
George  Ro6ke,  names  famous  in  English  history.  He  was  bom  October  16,  1829,  in 
Berkshire,  England,  emigrated  with  his  parents  to  America,  and  settled  on  a  farm 
near  Canajoharie,  X.  Y.  He  early  developed  literary  taste  and  while  yet  a  boy  began 
lecturing.  He  was  for  many  years  manager  and  proprietor  of  the  Canajoharie  Radii, 
and  in  1859  he  and  Adam  Smith  embarked  in  the  manufacture  of  paper  sacks,  which 
has  since  developed  into  a  very  large  and  lucrative  business.  Mr.  Arkell  was  a  staunch 
Republican.  He  was  State  Senator  and  a  power  in  the  councils  of  his  party.  He  was 
a  ready  and  eloquent  speaker  and  a  powerful  writer  on  political  and  financial  affairs. 
He  included  among  his  friends  many  of  the  eminent  statesmen  of  his  day  and  was  a 
frequent  and  welcome  visitor  to  General  Grant  in  his  last  illness.  He  was  the  chief 
promotor  and  owner  of  the  Mt.  McGregor  Railroad  and  for  some  years  the  principal 
proprietor  of  Ithe  Albany  Evening  Journal.  In  1853  he  married  Sarah  H.  Bartlett,  who 
was  born  in  1835  at  Philmont,  and  is  a  daughter  of  Ebenezer  Bartlettt  of  Massachu- 
setts. 


376  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

frequent  discussion  and  reflection.  Especially  is  that  system  which  proposes 
to  make  free  to  every  child  in  the  State  the  important  blessing  of  education, 
worthy  of  our  most  serious  consideration;  nor  do  we  see  the  propriety  of 
permitting  a  difference  of  opinion  to  arrest  an  unreserved  expression  of 
our  sentiments  on  the  subjects.  The  moral  and  intellectual  training  of  the 
rising  generation  —  of  the  future  defenders  of  the  liberties  which  we  cherish, 
of  the  mothers  of  the  heroes  and  statesmen  who  are  to  become  the  hope 
and  the  pride  of  another  day  —  is  a  subject  of  momentous  importance;  and 
it  becomes  us  as  it  became  our  fathers,  and  will  become  our  children,  to 
guard  well  the  institutions  committed  to  our  and  their  charge,  and  so  to 
modify  and  improve  them  as  to  meet  the  wants  of  a  progressing  age,  and  to 
make  them  the  strongest  safe-guards  of  the  blessings  which  are  our,  and 
will  be  their,  inheritance. 

It  is  a  trite  saying,  but  one  which  bears  repetition  well,  that  in  the  virtue 
and  intelHgence  of  a  people,  is  the  guaranty  of  their  liberties  and  happiness. 
He,  then,  who  devotes  his  energies  most  successfully  to  the  cause  of  educa- 
tion—  to  the  perfection  of  that  system  whose  exclusive  object  is  the  mental 
and  moral  elevation  of  the  youth  of  our  land,  is  most  of  a  patriot  and 
philanthropist,  and  deserves  most  of  his  country.  His  services  may  not 
at  all  times  be  appreciated  —  he  has  frequently  to  combat  the  supposed 
interest,  and  the  prejudice  of  community,  in  defending  his  cherished  theory, 
and  becomes  discouraged  at  the  indifference  which  on  almost  every  hand 
greets  a  question  which  he  justly  regards  as  of  the  most  vital  importance. 
But  experience,  that  truthful  teacher,  must  eventually  assert  its  prerogative 
of  decision  —  must  make  manifest  whatever  of  merit  may  be  contained  in 
the  systems  he  advocates  —  and  ultimate  triumph  will  be  his  rich  reward. 
Let,  then,  the  advocate  of  a  liberal  education  take  courage,  nor  heed  the 
interested  clamors  around  him. 

Whether  a  well-regulated  system  of  free  schools  is  the  one  best  calculated 
to  secure  the  great  object  of  the  popular  intelligence  and  virtue,  can  hardly 
be  regarded  as  an  unsolved  problem,  since  in  every  instance  where  it  has 
been  tried  it  has  worked  well.  Unfortunately  the  law  establishing  free 
schools  in  this  State,  bears  upon  it  the  mark  of  the  enemies  of  the  principle 
itself;  and  its  admitted  imperfections  have  been  industrially  magnified  and 
harped  upon,  until  some  suppose,  however  vainlj-,  that  the  idea  of  free 
schools  is  unpopular,  and  will  be  discarded  by  the  people.  The  present  law, 
most  unfairly  we  think,  is  made  the  criterion  of  the  capacity  of  the  system 
which  it  pretends  to  establish ;  and  it  is  our  firm  conviction  that  it  is  amend- 
ment and  not  repeal  which  the  popular  sentiment  requires,  and  which  will  be 
most  wise  and  beneficent.  With  the  law  then  we  have  at  present  nothing  to 
do  —  we  go  for  the  leading  principle  —  believing  that  the  law  should  be 
and  will  be  made  acceptable  by  judicious  alterations  as  suggested  by 
experience. 

And  what  are  the  objections  to  free  schools?  They  are  not  numerous; 
and  as  some  of  them  are  ably  met  by  the  address  adopted  at  the  recent 
convention,  we  will  quote  from  that  document: 

Whoever  among  you  has  had  patience  to  follow  an  opponent  of  the  law 
through  his  devious  course  of  reasoning,  well  knows  that  his  citadel  is  the 
assumption  that  it  is  wrong  to  tax  one  man  to  educate  another's  children, 


JAMES  ARKELL 

Owner  of  the   Canajoharie   Radii   during  the   struggle 

for   free  schools 

(Picture      turnished     through     courtesy      of      Mr 

,  Warren  Scott,  editor,  Canajoharie  Radii) 


FREE    SCHOOLS  377 

unless  it  be  the  children  of  absolute  paupers.  This  assumption,  if  conceded, 
is  fatal  not  to  free  schools  merely,  but  to  any  common  schools  whatever. 
If  elementar>-  education  be  properly  and  only  a  parental  duty,  then  the 
State  should  leave  it  wholly  to  the  voluntary  and  unobserved  efforts  and 
combinations  of  parents.  Then  the  taxation  of  a  district  to  build  a 
schoolhouse,  is  usurpation  and  extortion.  Then  all  the  laws  which  have  been 
passed,  making  compulsory  provision  for  common  schools,  or  intended  to 
increase  their  efficiency,  are  impertinent,  agrarian  and  confiscating.  Yet 
few  of  our  opponents  will  venture  to  take  this  or  any  other  ground  of 
radical  hostility  to  the  free  school  principle.  The  difference  between  their 
position  and  ours  is  mainly  one  of  degree.  We  abide  constantly  by  the 
principles  on  which  only  can  any  public  provision  for  education  be  justified; 
they  stop  half  way,  and  in  so  doing,  condemn  their  own  course  in  coming 
so  far. 

To  the  assertion  that  it  is  wrong  to  tax  A  to  provide  instruction  for  the 
children  of  B,  we  reply  that  we  would  tax  both  A  and  B,  for  school  purposes, 
each  in  proportion  to  his  abilitj',  not  as  parents  but  as  possessors  of  property, 
and  because  property  is  deeply  interested  in  the  education  of  all.  There  is 
no  farm,  no  bank,  no  mill,  no  shop  (unless  it  be  a  grog-shop)  which  is  not 
more  valuable  and  more  profitable  to  its  owner  if  located  among  a  well 
educated,  than  if  surrounded  by  an  ignorant  population.  Simply  as  a  matter 
of  interest,  we  hold  it  the  duty  of  property  to  itself  to  provide  education  for 
all.  Not  therefore,  as  the  children  of  A,  or  of  B,  but  as  children  of  New 
York,  her  future  cultivators,  artisans,  instructors,  citizens,  electors  and 
rulers,  we  plead  for  the  education  of  all  at  the  cost  for  the  benefit  of  all. 
In  a  community  where  a  single  vote  cast  in  ignorance  may  involve  the 
countn,'  in  war,  in  aggression  and  untold  calamities,  propert>'  cannot  afford 
that  there  be  any  considerable  proportion  of  ignorant  voters  nor  ignorant 
mothers  of  voters.  To  whomsoever  shall  urge  the  duty  to  B  to  educate  his 
children  in  spite  of  his  relative  poverty,  we  say,  urge  upon  him  that  duty 
to  the  extent  of  your  powers  of  persuasion,  and  we  will  second  you  as 
well  as  we  may. 

After  the  State  has  done  all  in  its  power,  there  will  still  remain  enough 
for  every  father  to  do  in  the  way  of  educating  and  disciplining  his  children. 
But  this  rudimentary  intellectual  culture  of  the  common  school  is  an  under- 
taking not  of  individual  parents,  but  of  the  community  —  the  State,  and  the 
State  alone  should  provide  therefore  as  it  provides  for  its  other  institutions. 
It  has  very  wisely  declined  the  care  of  public  worship,  which  in  other 
countries  forms  a  very  important  portion  of  its  duties  and  the  public  burdens, 
and  has  nobly  assumed  the  charge  of  popular  education,  which  other  govern- 
ments too  generally  repudiate.  Having  thus  resolved  that  B's  children  shall 
be  educated,  not  for  his  sake,  but  in  furtherance  of  its  own  policy,  and  in 
deference  to  its  own  safety,  the  State  would  do  wrong  to  tax  his  property 
to  defray  the  cost  of  this  safeguard  to  property.  The  common  schools 
of  New  York  are  to  her  what  their  respective  standing  armies  are  to 
Russia  and  Austria ;  and  it  would  be  as  fair  to  support  the  latter  by  a  head- 
tax  as  the  former.  The  child  of  indigence  who  attends  the  district  school  is 
discharging  a  public  duty,  and  should  be  as  welcome  there  as  the  heir  of 
affluence  and  social  distinction.     He  should  be  made  to  feel  that  his  due 


378  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

training  and  development  are  the  subject  of  general  solicitude.  Property 
can  better  afford  to  educate  four  children  in  the  schoolhouse  than  one  in 
the  street.  The  teacher,  when  fairly  remunerated,  as  he  too  often  is  not,  is 
a  far  less  expensive  functionary  than  the  sheriff,  the  district  attorney  or 
the  judge.  One  burglar  or  thief  costs  more  to  the  community  than  all  the 
teachers  of  an  average  township.  The  statistics  of  our  state  prisons  prove 
that  at  least  three-fourths  of  our  criminals  are  drawn  from  that  one-fourth 
of  our  population  which  has  enjoyed  the  least  educational  advantages  — 
mainl}-  no  such  advantages  at  all.  Let  our  common  schools  be  abolished 
tomorrow,  and  property  would  soon  be  taxed  many  times  their  annual  cost 
in  the  shape  of  robberies,  riots  and  depredations.  For  every  teacher  dis- 
missed, a  new  deputy  sheriff,  constable  or  policemen  would  be  required. 
And  the  dismissal  from  our  schools  of  those  children  of  poor  but  not 
abject  parents  whom  the  free  school  law  has  called  into  them,  would  be 
identical  in  principle  with  the  destruction  of  the  schools  altogether.  A  large 
portion  of  our  children  would  be  educated  if  there  were  no  common  schools, 
but  these,  wc  know,  would  not  be. 

But  we  are  asked  why  a  citizen  who  has  worked,  and  saved,  and  thrived, 
should  pay  for  schooling  the  children  of  his  neighbor,  who  has  drank,  and 
frolicked  and  squandered,  till  he  has  little  or  nothing  left.  We  answer,  he 
should  do  it  in  order  that  these  needy  and  disgraced  children  may  not 
become  what  their  father  is,  and  so,  very  probably,  in  time  a  public  burden 
as  criminals  or  paupers.  The  children  of  the  drunkard  and  reprobate  have 
a  hard  enough  lot,  without  being  surrendered  to  his  judgment  and  self- 
denial  for  the  measure  of  their  education.  If  they  are  to  have  no  more 
instruction  than  he  shall  see  fit  and  feel  able  to  pay  for,  a  kind  Heaven  must 
regard  them  with  sad  compassion,  and  man  ought  not  utterly  to  leave  them 
uncared  for  and  subjected  to  such  moral  and  intellectual  influences  only 
as  their  desolate  homes  must  afford.  To  stake  the  education  of  our  State's 
future  rulers  and  mothers  on  such  parents'  ideas  of  their  own  ability  and 
their  children's  moral  needs,  is  madness  —  is  treason  to  the  common  weal. 
They  will  be  quite  enough  detained  even  from  free  schools  by  supposed 
inability  to  clothe  or  spare  them ;  but  to  cast  into  the  wrong  scale  a  dead 
weight  of  paternal  appetite  and  avarice,  in  the  form  of  rate-bills,  is  to 
consign  them   heartlessly  to  intellectual   darkness   and   moral   perdition. 

And  in  truth  the  argument  for  taxing  in  equal  amounts  the  improvidently 
destitute  and  the  frugally  affluent  father  of  a  family  for  school  purposes, 
is  precisely  as  strong  for  taxing  them  in  equal  amounts  to  build  courthouses, 
support  paupers,  diffuse  justice,  or  for  any  other  purpose  whatever.  Nay, 
it  is  even  stronger;  for  the  drinking,  thriftless,  idle  parent,  is  far  more 
likely  to  bring  expense  on  the  community,  in  the  shape  of  crime,  to  be 
punished,  or  pauperism  to  be  supported,  than  his  thrifty  and  temperate 
neighbor,  and,  according  to  our  adversaries'  logic,  he  should  pay  more 
taxes  on  his  log  cabin  and  patch  of  weedy  garden,  than  that  neighbor  on  his 
spacious  mansion  and  bounteous  farm.  The  former  will  probably  turn  off 
two  paupers  to  one  from  the  latter,  and  should  be  assessed  in  a  pauper  rate 
bill,  accordingly.  And  his  argument  from  parental  misconduct  against 
the  justice  of  free  schools  is  of  a  piece  with  the  rest. 

—  Canajoharie  Radii,  July  ^3,  1850 


FREE   SCHOOLS  379 

Free  Schools 

Are  the  friends  of  free  schools  aware  ihat  a  vigorous  effort  is  being  made 
to  defeat  them  at  the  November  election?  Several  papers  have  been  "estab- 
lished for  the  express  purpose  of  preparing  the  people  to  vote  against  the 
sj'Stem  —  meetings  are  held,  and  every  exertion  is  put  forth  to  carry  their 
point  —  and  unless  these  exertions  are  met  by  a  corresponding  effort  on  the 
part  of  its  friends,  large  as  was  the  majority  in  its  favor,  the  system  may 
be  defeated.  Should  it  unfortunately  be  defeated,  bear  in  mind  that  it 
will  be  the  result  of  apathy  and  indifference;  and  years  may  elapse  before 
another  opportunity  is  afforded  to  establish  this  great  and  benevolent 
principle.  Be  up  and  doing,  then.  Canvass  your  districts  —  enlighten  the 
popular  mind  on  the  subject,  and  there  will  be  no  danger.  Do  not  permit 
your  opponents  successfully  to  confound  the  defects  in  the  details  of  the 
present  law  with  the  principle  itself  —  they  are  up  to  this  trick,  and  if 
successful,  they  will  claim  the  result  as  a  verdict  against  free  schools 
however  established.  The  following  is  from  the  pen  of  S.  S.  Randall, 
Dept.  Supt.  of  Com.  Schools,  and  we  invite  to  it  the  serious  attention  of 
the  reader: 

"  I  sincerel}'  trust  the  friends  of  universal  education  will  leave  no  effort 
untried  to  sustain  this  noble  principle.  Upon  their  faithful  exertions  every- 
thing will  depend.  It  is  from  apathy  alone  that  we  have  anything  to  fear. 
The  official  returns  of  the  Department  will  show  an  accession  during  the 
present  year  of  upward  of  one  hundred  thousand  children  to  our  common 
schools  beyond  the  number  heretofore  embraced.  This  fact  alone  should 
be  decisive  of  the  contest;  and  I  could  wish  it  were  generally  known  and 
understood.  The  intellectual  and  moral  culture  of  100,000  souls,  it  does  seem 
to  mc  should  outweigh  every  paltrj-  consideration  of  mere  pecuniary  interest. 
Every  true  friend  to  the  lasting  welfare  and  permanent  improvement  of  his 
kind,  should  rally  to  the  rescue  of  this  vast  army  of  immortal  beings  from 
ignorance  and  its  disastrous  results.  By  our  action  this  fall  we  virtually 
exclude  from,  or  admit  to,  the  blessings  of  education,  one  hundred  thousand 
of  the  youth  of  our  State." 

Where  are  the  clergy,  and  Christians  of  every  denominations  at  this 
momentous  crisis?  Every  pulpit  in  the  land  should  resound  on  this  great 
theme  in  tones  which  should  carry  conviction  to  the  most  unthinking  and 
selfish.  "  Inasmuch  as  ye  have  done  it  to  one  of  the  least  of  these,  my 
brethren  ye  have  done  it  unto  mc,"  and  here  are  one  hundred  thousand 
"little  ones"  appealing  to  us  for  the  bread  of  life. 

— -Catiajoliaric  Radii,  October  j,  1850 

The  School  Laws 

One  of  the  most  important  questions  to  be  passed  upon  by  the  people  at 
the  coming  election,  is  that  submitted  to  them  by  the  Legislature,  in  refer- 
ence to  the  repeal  of  the  act  of  March  1849,  called  the  "  Free  School  Law." 
The  law  alluded  to,  it  was  discovered,  when  it  became  necessary  to  carry 
it  into  effect,  was  entirely  unsuited  to  the  purposes  for  which  it  was  desig- 
nated, and  under  the  specious  exterior  of  a  measure  to  make  the  common 
schools  of  the  State  free  to  all,  was  better  calculated  to  disorganize  the 
districts,  and  in  the  end,  destroy  the  usefulness  of  the  system.     Petitions, 


380  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

almost  without  number,  poured  in  upon  the  Legislature  at  its  last  session, 
asking  the  amendment  or  repeal  of  the  law ;  but  the  law-givers  dodged  alike 
all  questions  of  amendment  and  repeal,  and  passed  an  act  submitting  it  to 
the  people,  to  decide  bj'  ballot,  whether  or  not  the  law  should  be  repealed. 
The  Legislature,  having  failed  to  do  its  duty,  the  people  are  called  on  to  act, 
and  in  a  manner,  too,  the  least  calculated  to  give  a  definite  and  correct 
expression  to  their  opinions  and  wishes.  They  can  only  vote  for  or  against 
the  repeal  of  the  law.  If  the  repeal  succeeds  the  old  system  is  revived,  and 
continues  in  force  as  it  was  before  the  passage  of  the  law  of  1849,  until  it 
shall  be  amended  or  a  new  one  again  substituted.  If  the  vote  shall  be 
against  the  repeal,  the  only  direct  effect  is  to  approve  and  establish  the  law 
as  it  is.  The  matters  involved  in  the  question  are  in  the  highest  degree 
important,  as  well  in  regard  to  the  interests  of  education,  which  should 
receive  the  first  attention,  as  to  the  rights  of  individuals  and  communities. 
That  they  may  receive  proper  consideration,  as  far  as  depends,  on  us,  we 
propose  to  devote  a  reasonable  space  from  time  to  time  to  such  com- 
munications and  selections  as  shall  fairly  present  the  various  arguments ; 
and  for  that  purpose,  we  solicit  well  written  original  articles  of  moderate 
length  from  those  who  are  disposed  to  give  the  subject  their  attention.  We 
publish  this  week  the  resolutions  of  the  mass  meeting  at  Hampton,  Oneida 
CO.,    which    are   moderate   in    tone   and   take   ground   in    favor   of    repeal. 

—  Binghamton  Democrat,  September  12,  1850 

ImportEuit  Fact 
The  Deputj^  Superintendent  of  Common  Schools,  S.  S.  Randall,  Esq.,  states 
in  an  official  letter  from  the  department,  dated  the  28th  ultimo,  "  that  the 
returns  received  during  the  present  year  thus  far,  show  an  accession  of 
upwards  of  one  hundred  thousand  children  to  our  common  schools,  beyond 
the  number  heretofore  embraced. 

—  Binghamton  Republican,  September  26,  1850 

A  Free  School  Mass  Convention 

Mr  Stuart:  With  a  commendable  zeal  and  interest  in  the  well-being  of 
the  common  schools  of  our  county,  our  town  superintendent,  and  others 
having  immediate  charge  of  the  schools  in  this  village,  have  made  preparations 
for  holding  a  teachers'  institute  in  this  place  during  the  ensuing  two  weeks, 
commencing  on  Monday  next.  It  is  hoped,  that  this  effort  to  prepare  and 
improve  teachers  for  their  arduous  duties,  will  be  met  with  commensurate 
zeal  and  interest  on  the  part  of  teachers,  and  the  public  at  large;  that  the 
movers  in  this  object  will  not  only  have  the  assistance  of  those  capable  of 
instruction,  but  that  they  will  be  aided  by  the  countenance  of  our  citizens, 
both  male  and  female. 

And,  as  the  time  is  approaching  when  the  fate  of  the  free  schools  is  to  be 
decided,  at  the  ballot  box  —  when  the  people  are  to  decide  whether  a  landed 
aristocracy  shall  blot  out  the  people's  luminaries,  or  whether  they  shall  be 
free  to  all  —  it  has  been  suggested  that,  some  time  during  the  session  of 
the  institute,  a  mass  convention  of  the  friends  of  free  schools,  be  holden, 
that  the  people  of  Broome  may  be  heard  on  this  question,  prior  to  its  final 
decision.    I  would  suggest  that  Thursday,  the  24th  inst,  be  designated  as  the 


FREE   SCHOOLS  381 

day  for  holding  said  convention,  and  if  the  proper  persons  for  calling  such 
convention,  shall  see  proper  to  do  so,  it  is  to  be  hoped  that  every  friend  of 
the  cause  will  be  on  hand,  and  that  those  who  are  opposed  to  the  question 
will  also  be  there,  to  hear  what  is  said  on  the  occasion,  and  to  advance  such 
arguments  as  they  may  have  in  support  of  their  side  of  the  question. 

—  Binghamton  Republican,  October  11,  1850 

The  Anti-Free  School  Movements 

Everj-  day  shows  that  the  opponents  of  this  law  are  in  danger  of  becoming 
enemies  to  the  principle  of  free  schools,  and  if  the  law  is  repealed,  it  will  be 
next  to  impossible  to  pass  another,  even  on  a  better  foundation.  The 
true  way  to  remedy  the  evil  complained  of,  is  to  amend  the  law,  instead 
of  repealing  it. 

The  Free  School  Clarion,  published  at  Syracuse,  thus  defines  the  position 
of  those  who  are  in  favor  of  keeping  our  present  law,  and  making  it  better. 

"  To  vote  down  the  law  would  be  childish,  if  the  majoritj'  are  in  favor  of 
any  law  for  free  schools.  It  would  be  saying  that  the  State  of  New  York 
have  not  wisdom  enough  to  make  a  free  school  law  to  satisfy  themselves. 
For,  if  the  law  is  bad  —  as  it  is  —  then  amend  it.  To  vote  down  a  law 
would  be  saying  we  are  incapable  of  amending  it.  This  would  appear  childish 
to  the  whole  civilized  world,  and,  after  accomplished,  to  those  who  did  it 

"  Our  position  is  this :  In  favor  of  schools  absolutely  free  to  all ;  property 
to  paj^  the  tuition  therein ;  and  in  favor  of  amending  the  present  law,  so  that 
the  requisite  amount  over  the  public  money  shall  be  assessed  upon  the 
property  of  the  whole  State." 

The  N.  Y.  Independent  says  in  relation  to  the  proposed  publication  of  a 
newspaper  to  advocate  the  views  of  opponents  of  the  law,  "  think  of  it  —  a 
paper  established  in  the  State  of  New  York,  in  the  year  1850,  to  put  down 
free  schools !  Tell  it  not  in  Austria.  The  Pope  will  of  course  know  all  about 
it  through  Bishop  Hughes." 

—  Utica  Daily  Gazette,  September  2,  1850 

Free  Schools  —  Mr  Randall 

The  Syracuse  Journal  of  May  18,  published  a  portion  of  our  remarks  of 
week  before  last,  on  the  free  school  law,  and  appends  to  them  the  following 
among  other  remarks  of  the  same  tenor: 

"  The  free  soil  organ  at  Cortland,  has  a  strange  way  of  manifesting  its 
sympathies  for  freedom.  It  is  death  to  the  free  school  law.  We  imderstand 
it  is  the  special  organ  of  Henry  S.  Randall,  the  defeated  Secretary  of  State. 
Public  rumor  has  it,  that  the  above  article,  and  others  of  the  like  kind,  are 
got  up  by  him,  to  show  what  he  would  have  done,  had  he  prevailed  over 
Secretary  Morgan.  It  is  not  unlikely  that  Mr  Randall  may  be  the  candidate 
for  the  same  office,  the  second  time,  or  some  other  state  officer,  as  he  is 
becoming  the  lion  of  the  party. 

"  It  looks  strange  at  Syracuse,  that  he  should  select  opposition  to  "  free 
schools  "  as  his  hobby  to  ride  on.  We  can  tell  him,  that  the  hobby  can't 
enter  the  course  in  Onondaga.  We  doubt  whether  there  can  fifty  men  be 
found  in  Syracuse  to  go  against  free  schools.  His  popularity  even  among 
Hunkers,  will  fail  him,  if  he  rides  such  a  hobby.     We  cannot  believe  that 


382  THE    UNIVERSITY    OF    THE    STATE    OF    XEW    YORK 

the  voters  of  the  State  will  hesitate  a  moment,  to  declare  by  the  most 
decisive  vote  ever  taken  on  any  occasion,  that  education  is  a  public  interest, 
and  that  "  the  children  of  the  State  shall  be  educated  upon  the  property  of 
the  State." 

We  give  the  above  as  a  specimen  of  the  warfare  waged  against  the  gentle- 
man whose  name  stands  at  the  head  of  this  article,  by  certain  whig  presses. 
Their  motives  for  so  doing,  we  leave  all  to  judge  for  themselves.  They  are 
sufficient!}'  apparent. 

Where  the  Journal  got  its  "  public  rumor  "  that  we  are  the  "  special  organ  " 
of  Mr  Randall,  or  that  we  speak  for  him  on  the  subject  of  free  school  law, 
we  are  at  a  loss  to  know.  At  all  events,  it  is  utterly  untrue.  We  neither 
claim  nor  possess  any  authority  to  speak  for  him  on  this  or  any  other 
matter.  He  is  in  no  wise  responsible  lor  anything  that  appears  in  our 
columns.  We  do  not  even  know  what  course  he  will  pursue  in  relation  to 
the  free  school  law. 

Early  in  our  publication  of  the  Democrat,  we  were  requested  by  Mr 
Randair  neither  to  republish  the  encomiums  which  were  being  from  time  to 
time  lavished  on  him  i)y  the  democratic  presses  of  the  State,  nor  reply  to 
any  attack  from  whig  quarters.  Hitherto  we  have  rigidly  observed  his 
request.  In  the  present  instance,  we  felt  that  justice  both  to  ourselves  and  to 
him,  demanded  the  expression  we  have  made. 

—  Cortland  Democrat,  from  Syracuse  Daily  Standard,  May  ?8,  1850 

Below  are  printed  variou.s  letters  to  newspapers  in  opposition  to 
free  schools  and  the  answers  to  .some  of  them : 

The  Free  School  Law  —  Opposition  to  It 

We  publish  below  a  call  of  citizens  of  the  county,  for  a  mass  meeting  to 
be  held  at  Hampton,  Aug.  22d  (tomorrow)  in  opposition  to  the  provisions 
of  the  free  school  law.  We  owe  an  apology  to  the  gentlemen  concerned,  for 
having  omitted  its  publication  till  so  late  a  date,  but  as  we  gave  orders  two 
weeks  since  for  its  insertion,  we  supposed  till  yesterday  that  they  had  been 
complied  with.  Our  apology  is  that  the  illness  of  the  publisher,  and  the 
absence  of  two  persons  connected  with  the  paper,  have  thrown  so  many  duties 
upon  the  editor,  the  omission  was  overlooked,  in  the  press  of  business. 

We  the  undersigned,  tax  payers  and  others  opposed  to  the  provisions  of  the 
so  called  free  school  law,  do  hereby  unite  with  our  fellow  citizens  throughout 
the  ccunty  in  recommending  a  mass  meeting,  at  Hampton  on  Thursday, 
August  22,  1850,  at  II  o'clock,  a.  m.,  of  all  such  persons  as  are  opposed  to 
the  unequal,  unjust  and  oppressive  features  of  said  act;  and  to  take  such 
measures  as  the  meeting,  when  convened,  shall  think  advisable,  to  express 
our  decided  disapprobation  by  a  vigorous  and  united  rally  at  the  polls  of  the 
ensuing  election  in  opposition  to  this  odious  measure. 

Speakers  will  attend  and  address  the  meeting.  A  general  attendance  is 
respectfully  requested. 

[Signed  by  285  persons.] 

—  Utica  Daily  Gasettc,  Augtist  21,  1850 


FREE   SCHOOLS  383 

The  Free  School  Law 

It  has  excited  considerable  surprise  that  a  law,  which  was  adopted  by  a 
vote  so  nearly  unanimous  that  its  opposers  were  hardly  worth  the  counting, 
was  assailed  almost  immediately  upon  its  going  into  operation,  by  the  most 
determined  opposition  and  that  now,  a  vote  nearly  equal  to  that  by  which 
it  was  adopted,  is  ready  to  be  cast  for  its  abolition.  The  popular  vote  by 
which  the  law  was  adopted  has  placed  it  out  of  the  power  of  the  Legislature 
to  amend  or  modify,  and  although  there  are  features  in  it  which  all  approve, 
it  is  thought  impracticable  to  reject  some  and  retain  others,  and  the  opponents 
of  certain  sections  are  obliged  to  advocate  the  repeal  of  the  entire  act.  That 
the  law  is  defective  and  objectionable,  is  suflficiently  evidenced  by  the  storm 
of  opposition  that  manifested  itself,  immediately  after  its  provisions  went 
into  operation.  It  is  a  little  curious,  however  that  parties  with  different 
interests  unite  in  opposing  the  law.  Thus  the  country  voters  oppose  it 
because  it  imposes  a  tax  upon  them  disproportionate  to  their  population, 
and  they  are  jealous  of  the  cities.  The  cities  incline  to  think  their  situation 
rather  worse  than  that  of  the  countrj'.  Taxation  is  at  the  bottom  of  the 
fault-finding  and  probably  as  much  is  chargeable  to  unequal  and  unjust 
assessments,  as  to  anything  else. 

At  the  meeting  to  be  held  to-day  at  Hampton,  the  opponents  of  the  law  will 
make  a  clear  representation  of  their  views,  and  it  will  be  interesting  to  all  who 
are  concerned  in  this  question  (and  who  is  not?)  to  hear  a  lucid  exposition  of 
the  defects,  which  practical  experience  has  discovered  in  the  existing  act. 

— Utica  Daily  Gazette,  August  22,  1850 

Mass  Meetings  of  the  Opponents  of  the  Present  Free  School  Law 

Pursuant  to  call  a  meeting  of  the  citizens  of  Oneida  county,  opposed  to 
the  present  free  school  law,  assembled  in  the  Presbyterian  Church,  at 
Hampton  yesterday,  Aug.  22,  1850,  and  on  motion  of  Hon.  Pomeroy  Jones, 
Hon.  Truman  Enos  was  called  to  the  chair,  arxl  P.  A.  Hall  chosen  secretary. 

On  motion  of  Hiram  Shays,  a  committee  of  five  was  appointed  by  the 
chair  to  report  permanent  officers  for  the  convention.  The  following  gentle- 
men were  appointed  such  committee.  Hiram  Shays,  of  New  Hartford, 
David  Moulton  of  Floyd,  Pomeroy  Jones  of  Westmoreland,  Henry  White 
of  Utica,  and  Henry  T.  Utley  of  Rome. 

Pending  the  action  of  this  committee,  the  meeting  adjourned  for  one  hour, 
at  the  expiration  of  which  time,  it  reorganised  and  the  committee  reported, 
through  their  chairman  as  follows: 

President  —  George  Bristol,  of  Kirkland. 

Vice  Presidents  —  Arnold  Mason,  of  New  Hartford,  Henr>-  White  of 
Utica,  Horace  Adams  of  Rome,  John  Curry  of  Trenton. 

Secretaries  —  Michael  McQuade  of  Utica,  Philip  A.  Hale  of  Floyd. 

On  motion  of  J.  A.  Stebbins,  a  committee  of  six  was  appointed  by  the 
chair  to  report  resolutions  for  the  consideration  of  the  meeting,  as  follows: 

Hiram  Shays.  David  Pixley,  John  D.  Leland,  Hector  Roberts,  John  French 
and  Squire  Utley. 

On  motion  of  Pomeroy  Jones,  a  committee  of  seven  was  appointed  by  the 
chair  to  draft  an  address  to  the  electors  of  the  county  and  State,  expressive 
of  the  views  of  the  meeting.    Chair  appointed  Hon.  P.  Jones,  Henry  T.  Utley, 


384  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

Arnold  Mason,   Ephraim   Palmer,  Kimball,   Michael  McQuade,  and 

Hiram  Denio. 

During  the  absence  of  the  committees,  David  Moulton,  of  Floyd,  addressed 
the  meeting  at  length.  This  distinguished  advocate  of  retrenchment,  and 
eloquent  orator,  descanted  at  length  on  his  poor  farm  in  the  northwest  comer 
of  Floyd,  on  the  obnoxious  character  of  the  law  under  consideration,  on 
the  fact  that  the  only  strenuous  advocates  of  the  law  were  editors  and  clergy 
(who  will  always,  we  hope,  be  found  ready  to  write  and  speak  in  the  favor 
of  general  and  free  education,)  on  the  absurdity  of  men,  who  possessed  no 
property — though  we  suppose  he  will  allow  some  of  them  the  possession  of 
brains  —  making  themselves  prominent  in  this  matter,  and  concluded  that 
"  the  time  had  arriven  "  when  the  people  should  take  the  question  into  their 
own  hands.  He  spoke  sneeringly  of  "  such  men  as  Eton  Comstock,  J.  P. 
Fitch,  and  O.  B.  Pierce,"  who  are  in  favor  of  free  education.  He  said,  on 
concluding  his  address,  that  he  had  been  severe  on  editors,  but  we  hope  that 
will  not  stand  in  the  way  of  our  neighbor  of  the  Observer,  when  he  is  called 
on  in  the  fall  to  say,  that  "  Mr  Moulton  is  every  way  worthy  the  support 
of  enlightened  and  liberal  Democrats."  In  the  whole  course  of  the  speech, 
no  word  was  spoken  of  the  job  taken  by  the  member  from  Floyd  last  spring 
to  repair  the  county  house,  which  we  learn  has  not  turned  out  so  fortunately 
nor  progressed  so  rapidly  as  he  then  promised,  in  the  fervor  of  his  rage  for 
economy.  We  have  great  respect  for  the  opinions  and  motives  of  many 
gentlemen  engaged  in  this  movement  of  opposition  to  free  schools,  but 
we  cannot  avoid  the  conclusion  that  Mr  Moulton  wants  to  run  for  Congress. 

Hon.  Fortune  C.  White,  formerly  of  this  county  who  was  present  at  the 
meeting,  followed  in  a  few  remarks  in  opposition  to  the  law.  He  strongly 
objected  to  the  course  of  Legislatures,  in  making  laws  and  sending  them  to 
the  people  for  endorsement.  It  was  shirking  responsibility  and  but  half 
doing  business.  He  denounced  the  unequal  system  of  taxation  as  enforced 
by  this  law.  If  we  are  to  have  free  schools  and  be  taxed  for  them,  let  the 
taxes  be  raised  and  thrown  into  a  central  treasury,  whence  they  shall  be  dis- 
tributed in  due  and  just  proportion.  This  is  a  question  for  the  farmers  to 
decide.  The  district  wranglings,  the  lawsuits,  the  ill  feeling  and  confusion 
caused  already  by  its  operation,  are  evidence  that  it  is  a  bad  and  imperfect 
law.  It  should  and  will  be  opposed  and  repealed,  and  although  he  came  as 
a  looker  on,  he  was  glad  of  an  opportunity  to  raise  his  voice  in  aid  of  this 
movement. 

The  com.  on  resolutions  reported  through  their  chairman  the  following: 

Preamble  and  Resolutions 

Whereas,  The  act  of  the  Legislature  of  this  State  entitled  "an  act  estab- 
lishing free  schools  throughout  the  State"  passed  April  26,  1849,  and  pro- 
viding for  the  raising  of  taxes  for  the  support  of  common  schools  as 
follows : 

First,  Requiring  the  board  of  supervisors  to  levy  upon  each  county  a  taxi 
equal  to  the  amount  of  state  school  moneys  appropriated  to  such  county. 

iSecond,  Also  requiring  the  board  of  supervisors  of  each  county  at  the 
same  time  to  levy  upon  each  town  in  the  county,  a  tax  equal  to  the  amount 
of  state  school  moneys  appropriated  to  such  town. 

Third,  Submitting  to  the  voters  of  each  school  district  the  right  to  levy  and 


P&Efi  ScftOOLS  385 

raise  by  tax  upon  the  property  situate  in  each  district,  such  additional  sum 

annually  as  the  trustees  of  each  district  think  proper  to  designate. 

And  whereas.  The  said  Legislature  in  and  by  said  act,  submitted  to  the 
people  of  this  State,  the  question  whether  the  said  act  should  or  should  not 
become  a  law,  and  a  majority  of  the  electors  who  voted  upon  the  subject, 
having  voted  in  favor  thereof,  and  the  Legislature  of  1850  having  doubts 
whether  a  fair  and  full  expression  of  the  opinions  of  the  electors  of  this 
State  had  been  given  upon  this  subject,  again  submitted  to  the  electors  of 
this  State,  the  question  whether  the  said  act  shall  or  shall  not  continue  to 
be  a  law  of  this  State,  to  be  determined  at  the  approaching  election. 

Now,  therefore.  This  meeting  deem  it  of  vital  importance  to  the  interests 
of  our  common  schools,  as  well  as  to  the  rights  of  our  citizens,  in  the  enjoy- 
ment of  their  property  that  this  subject  should  be  fully,  freely  and  fairly 
discussed  and  understood  by  every  elector,  before  voting  upon  a  law  in 
many  respects  the  most  important  of  any  which  has  come  from  a  legislative 
body,  this  meeting  having  attentively  considered  the  subject,  do  adopt  the 
following  resolutions : 

1st.  Resolved,  That  every  tax  levied  upon  property  for  the  support  of 
common  schools,  should  be  general  and  equal  throughout  the  State  and  the 
amount  fixed  upon  by  some  general  and  inflexible  rule  and  not  dependent 
upon  the  fluctuating  opinions  from  year  to  year  of  counties,  cities,  towns 
and  districts. 

2d.  Resolved,  That  the  school  law  of  1849  in  its  provisions  for  such  com- 
plicated and  multifarious  modes  of  taxation,  in  its  provisions  for  a  struggle 
at  every  school  district  meeting  for  high  or  low  taxes  as  may  suit  the  fancy 
or  caprice,  generosity  or  parsimony  of  the  voters  for  the  time  being,  has 
introduced  a  new  and  unwholesome  element  into  our  common  school  sys- 
tem, calculated  to  engender  strife  and  bitter  contention  in  every  district  and 
wholly  subversive  of  the  prosperity  of  these  invaluable  nurseries  of  learn- 
ing, virtue,  and  liberty. 

3d.  Resolved,  That  the  act  of  1849,  appears  to  be  based  upon  the  hypothesis 
that  where  learning  is  most  needed,  there  the  district  will  be  the  most  will- 
ing to  vote  the  largest  tax,  but  experience  shows  this  is  a  gross  error.  It 
is  to  the  well  educated  that  the  community  look  for  the  most  efficient  support 
of  our  conunon  schools. 

4th.  Resolved,  That  should  the  law  of  1849,  be  sustained  by  another  vote 
of  the  electors  of  this  State,  future  Legislatures  will  feel  less  authorized  to 
change  it  in  any  respect,  or  remedy  its  gross  defects  than  the  Legislature 
of  1850  did.  Hence  it  is  the  duty  of  every  elector  to  vote  against  the  law 
in  order  that  future  Legislatures  may  be  untrammelled  upon  this  important 
subject 

Sth.  Resolved,  That  we  approve  of  our  representative  system  of  govern- 
ment, and  that  it  is  a  violation  of  the  principles  of  that  system  and  of  the 
constitution  of  this  State  for  our  Legislature  to  shrink  from  the  responsi- 
bilities which  that  constitution  imposes  upon  them,  by  asking  the  people  to 
pass  laws,  which  they  themselves  fear  to  enact. 

6th.  Resolved,  That  we  would  hail  with  delight  a  return  to  the  former 
school  law,  under  which  our  common  schools  had  become  eminently  suc- 
cessful and  whose  beneficial  effects  were  seen  and  felt  throughout  the  entire 

25 


386  THE   UNIVERSITY   OF   THE   STATE   OP   NEW   YORK 

State;  deeming  it  far  more  just  and  equitable  and  belter  calculated  to  pro- 
duce the  results  desired  by  the  friends  of  education,  than  the  present  one  and 
sufficiently  free  for  all  practical  purposes;  and  we  hereby  pledge  ourselves 
to  the  friends  of  that  law,  to  do  our  whole  duty  at  the  polls  in  favor  of 
such  returns. 

7th.  Resolved,  That  all  the  papers  of  this  county  be  respectfully  requested 
to  publish  the  proceedings  of  this  meeting  and  that  the  Albany  Argus,  Even- 
ing Journal,  State  Register,  and  Atlas  and  all  the  other  papers  in  the  State 
be  requested  to  copy  the  same. 

Resolved,  That  a  corresponding  committee  of  five  be  appointed  in  the 
county  to  take  charge  of  the  matter  and  that  to  that  committee  be  entrusted 
the  question  of  starting  a  newspaper,  to  be  devoted  to  opposition  of  the  free 
school  law,  until  after  election.  David  Moulton  of  Floyd,  John  French  of 
New  Hartford,  Michael  McQuade  of  Utica,  Squire  Utley  of  Western,  and 
Henry  Bristol  of  Kirkland  were  appointed  such  committee. 

Convention  then  adjourned. 

—  Utica  Daily  Gazette,  August  23,  1850 

The  Anti-Free  School  Convention 

Strange  as  this  heading  may  sound,  it  is  a  fact  that  a  convention  of  this 
character  was  held  last  week  at  Utica.  Among  other  measures,  it  is  pro- 
posed to  start  a  newspaper  to  oppose  free  education.  This  is  a  step  back- 
wards for  which  we  did  not  suppose  any  respectable -number  of  people  in 
any  state  would  be  prepared. 

Bost.  Atlas 

The  convention  was  held  at  Hampton,  nine  mile  from  Utica,  although  we 
believe  one  of  our  daily  papers  glories  in  its  concurrence  in  the  sentiments 
of  the  meeting.  It  may  perhaps  be  proper  to  say  that  the  opposition  is  to 
the  existing  law  rather  than  to  the  principle,  but  many  well  meaning  people 
confound  the  two,  and  in  opposing  the  law,  become  bitter  enemies  to  the 
principle.  And  to  do  justice  to  our  neighbors,  they  are  not  so  much  ene- 
mies to  the  law,  as  in  favor  of  publishing  a  paper  to  oppose  it. —  Utica  Daily 
Gazette,  August  30,  1850 

Anti-Free  School  Convention 
The  opponents  of  our  free  school  system  are  invited  to  meet  in  conven- 
tion at  Jeflferson,   Chemung  county,  on  the  24th  instant,  at  i  p.  m.     The 
call  is  signed  by  H.  D.   Barto,  of  Trumansburg,  and  29  others. —  Buffalo 
Commercial  Advertiser,  August  19,  1850 

Free  School  Law 

We  have  received  the  first  number  of  a  paper  entitled  the  "  Independent 
Freeman,"  published  at  Jefferson,  Chemung  county,  and  devoted  to  the 
repeal  of  the  present  free  school  law.  It  is  a  handsome  sheet,  and  the  num- 
ber before  us  evinces  considerable  ability.  Terms,  $1.50  per  annum;  for 
clubs,  a  less  price. —  Syracuse  Daily  Standard,  June  15,  1850 
Dear  Mr  Editor: 

I  notice  in  your  paper  of  May  8th,  some  comments  upon  what  is  termed 
the  new  free  school  law,  and  an  invitation  to  yoiir  readers  in  the  country 


FREE   SCHOOLS  387 

who  feel  an  interest  in  the  success  of  our  school  system,  to  give  you  their 
views  on  the  subject.  I  feel  a  deep  interest  in  the  subject,  but  am  not 
accustomed  to  writing  for  publication.  But  when  a  man  imbued  with  pure 
republican  principles,  as  I  profess  to  be,  sees  such  great  injustice  practiced 
in  our  halls  of  legislation  as  was  enacted  in  the  passage  of  the  free  school 
act,  it  is  time,  although  at  the  sacrifice  of  some  personal  feeling,  for  him  to 
give  his  views,  such  as  they  are,  to  be  used  or  not,  as  you  think  proper. 

First  the  free  school  law,  as  it  is  termed,  is  in  my  opinion,  unconstitu- 
tional. It  is  unequal  and  unjust  in. its  operation.  It  does  not  really  benefit 
that  class  of  the  community  for  whose  advantage  it  was  intended;  but  is 
really  more  oppressive  upon  that  class  of  community  which  the  advocates 
of  the  system  harp  so  much  about,  "  the  poor." 

When  the  law  came  before  the  people  in  the  fall  of  '49,  it  was  something 
new.  There  was  something  captivating  in  the  title.  The  people  did  not 
understand  it,  and  did  not  stop  to  consider  how,  or  in  what  manner  it  was 
going  to  work  —  the  justice  or  injustice  of  it.  The  idea  that  the  schools 
would  be  free,  was  enough.  The  people  were  all  to  be  educated  to  become 
teachers,  and  graduate,  men  and  women  were  to  become  learned,  virtuous 
and  honest,  vice  and  crime  were  to  cease,  our  jails,  poor  houses  and  houses 
for  correction,  were  to  be  vacated  at  once,  the  poor  be  made  rich,  the  ignor- 
ant Avise,  all  without  any  other  agency  than  that  of  the  free  schools. 
But,  as  you  say,  the  practical  operation  of  the  law  the  last  year  brought  its 
details  more  under  the  observation  of  the  people,  who  before  knew  but  little 
more  of  the  law  than  its  title.  So  at  the  election,  every  man  must  go  for 
the  free  school  law,  not  stopping  to  consider  who  was  to  pay  the  expense; 
and  you  may  think  it  a  hard  accusation,  but  it  is  nevertheless  true,  that  some 
did  not  know  that  it  was  going  to  cost  anything;  others  were  heard  to  say 
they  did  not  care  where  the  money  to  pay  the  expense  came  from,  so  that 
they  could  get  themselves  or  their  children  educated  and  warmed,  while  at 
the  school  room  without  expense  to  themselves. 

The  constitution  is  intended  to  give  equal  protection  to  the  rights  and 
privileges  of  every  man  and  forbids  the  taking  of  the  accumulation  of  one 
man's  labor  and  economy  for  the  use  and  comfort  of  another,  equally  able 
to  provide  for  himself. —  Yet  this  free  school  law  does  it,  because  it  requires 
A,  who  has  by  industry  and  economy  obtained  a  little  property,  to  support 
him  in  his  old  age  or  infirm  years,  and  has  perhaps,  reared  and  educated  a 
large  family  of  children,  without  any  aid  from  the  State,  to  contribute  two, 
three,  five,  or  ten  dollars,  annually  to  pay  for  the  education  of  the  children 
of  B  —  and  for  the  purchase  of  fuel  to  keep  them  warm  and  comfortable 
while  in  the  schoolroom.  There  are  numbers  of  young  men  (or  those  who 
call  themselves  so)  in  almost  every  school  district  who  are  healthy  and  able 
to  work,  and  can  always  find  employment  enough  and  earn  money  enough 
to  pay  for  attending  balls,  exhibitions  and  places  of  public  amusement,  but 
when  it  comes  to  paying  a  school  bill  they  are  not  able  —  they  have  not  the 
money  to  do  it.  "This  Mr  A,  he's  worth  a. thousand  or  two  dollars,  he's 
able  to  pay  it  for  me,  let  him  do  it."  —  Buffalo  Commercial  Advertiser, 
June  8,  1850 

Free  Education 

I  was  highly  pleased  to  see  in  your  paper  of  Saturday,  a  communication 
in  reference  to  the  free  school  law.     Discussion  is  what  is  needed.     Your 


388  THE   UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

correspondent  well  asserts  the  importance  of  the  question  —  its  absorbing 
importance.  He  invokes  discussion  and  begs  that  your  paper  be  his  medium. 
On  these  points,  I  agree  with  him  fully.  No  question  of  equal  magnitude 
was  ever  before  submitted  to  the  people  of  this  State.  Not  only  are  the 
merits  of  the  question  at  issue,  but,  from  the  peculiar  circumstances  with 
which  it  is  environed,  the  honor  and  reputation  of  the  principle  of  free 
education  by  the  people  of  this  State,  would  be  a  subject  of  comment  and 
amazement  by  the  educated  minds  of  all  civilized  countries.  To  Ohio  and 
Michigan,  it  would  come  like  a  thunderclap  in  clear  sky.  New  York  owes  it 
to  her  own  discernment  and  patriotism,  to  the  common  sense  and  pride  of 
her  people,  to  the  Union  and  to  mankind,  not  to  place  herself  in  an  attitude 
to  be  thus  reproached. 

Upon  these  points,  your  correspondent  and  myself  agree.  First,  the 
importance  of  the  subject.  The  necessity  of  discussion.  And  lastly,  oppo- 
sition to  the  present  free  school  law.  But  here  we  part.  I  am  in  favor  of 
the  education  of  every  child  in  the  State,  by  the  property  of  the  State.  I 
hold  that  the  property  necessary  for  that  purpose,  belongs,  by  imprescripti- 
ble right,  to  those  children.  To  withhold  it  from  them,  is  to  deny  a  right  — 
is  to  commit  a  wrong.  The  reasons  for  these  two  opinions,  I  shall  not  give 
today,  as  I  have  another  point  alluded  to  below.  I  wish  to  pay  my  respects 
to  the  old  system.  If  we  vote  down  the  present  law,  we  instantly  go  to  the 
old.  That  is  not  "  well  enough,"  as  it  appears  to  me. —  S.  S.  Randall,  the 
able  and  eloquent  Deputy  State  Superintendent,  has  had  the  matter  investi- 
gated, and  the  reports  of  30  counties  convince  him  that  in  those  counties, 
or  half  the  State,  not  less  than  fifty  thousand  children  stay  from  school  on 
account  of  the  old  system.  New  York  cannot  afford  it.  No,  no;  the  old 
system  is  behind  the  intelligence  of  the  present  age,  which  teaches  us  that  it 
is  better  to  pay  the  same  amount  of  taxation  for  schools,  than  to  sheriffs, 
jailors,  judges,  district  attornies,  jurymen,  constables,  etc.,  etc.  To  one 
object  or  to  the  other,  the  taxes  will  be  applied.  Which  gives  the  greatest 
security  to  property?  —  to  life?  —  to  personal  right?  Let  my  friend,  your 
correspondent,  tell  us. 

Let  me  not  be  misunderstood.  My  opinion  is,  that  the  property  of  the 
whole  State  should  educate  the  children  of  the  whole  State.  This  would 
make  benefits  and  the  burdens  equal.  It  would  effectually  remove  the  ine- 
qualities which  are  now  justly  complained  of.  I  shall  vote  for  the  present 
law,  next  fall,  merely  to  manifest  my  friendship  for  the  principle  of  free 
education.  But  are  we  asked  to  go  back  to  the  old  system  ?  —  Buffalo 
Commercial  Advertiser,  June  12,  1850 

To  the  County  Committees  and  Electors  of  the  State  of  New  York 
At  the  approaching  election  the  question  of  free  school  education  is  to 
be  decided  at  the  ballot  box.  Believing  that  the  existing  system  is  emi- 
nently condusive  to  the  diffusion  of  sound  principles  of  knowledge,  and 
intimately  connected  with  the  morality  and  prosperity  of  the  State,  the 
undersigned  earnestly  solicit  the  attention  of  the  various  county  committees, 
irrespective  of  party  to  the  following  suggestions: 

I  That  the  county  committees,  and  the  friends  of  free  schools  provide  and 
distribute  in  the  several  townships  the  necessary  tickets. 


FREE  SCHOOLS  389 

2  That  on  the  day  of  election,  school  tickets  be  abundantly  furnished  at 
tlie  time  with  the  local  political  tickets,  in  every  election  district. 

Vigilance  in  carrying  out  these  recommendations  cannot  fail  to  sustain 
triumphantly  the  principles  of  free  school  education;  and  the  existing  laws 
that  embody  it,  can  be  perfected,  if  necessary,  by  future  legislation. 

October  24,  1850 
H.  H.  Martin  ^  Franklin  Townsend  * 

E.  B.  O'Callaghan  *  Watts  Sherman  * 

Caleb  S.  Woodhull*  Friend  Humphrey' 

Wm.  F.  Havemi:yer*  Bradford  R.  Wood" 

James  Harper*  Luther  Bradish  " 

E.  C.  Benedict*  Robert  Kelly" 

—  Rochester  Daily  Democrat,  October  26,  1830 

*  Henry  H.  Martin  was  born  in  Avon  in  1809.  He  was  educated  in  the  Albany 
Academy  and  at  Union  College.  He  served  as  private  secretary  to  Governor  Throop  and 
Governor  Marcy  and  later  formed  a  law  partnership  with  John  V.  L.  Pruyn  of  Albany. 
He  became  cashier  and  later  president  of  the  Albany  Savings  Bank  and  held  the 
latter  position  until  his  death  in  1886.  He  was  also  identified  with  various  other  financial 
institutions. 

*  Edmund  Bailey  O'Callaghan  was  bom  February  29,  1797.  in  Mallow,  near  Cork, 
Ireland.  After  receiving  a  liberal  education  at  home,  he  went  to  Paris  for  two  years, 
where  he  studied  medicine.  Looking  to  the  New  World  as  offering  great  opportunities, 
Doctor  O'Callaghan  came  to  Quebec  in  1823,  completed  his  studies  and  was  admitted  to 
the  practice  of  medicine  in  1827.  While  in  Quebec,  he  took  a  prominent  part  in  the 
Catholic  emancipation  movement.  Later  moving  to  Montreal,  he  became  active  in  the 
political  opposition  to  the  government.  He  became  editor  of  the_  ''Vindicator,"  a 
popular  organ,  and  was  elected  to  the  provincial  parliament.  His  activities  led  to  such 
feeling  against  him  that  in  1853,  the  members  of  one  of  the  tory  clubs  wrecked  his 
newspaper  office.  He  opposed  the  use  of  arms  _  but,  when  the  struggle  between  the 
government  and  the  opposition  reached  the  point  where  force  seemed  unavoidable. 
he  fought  on  the  opposition  side.  After  the  government  victory,  he  fled  to  the  United 
States,  with  a  reward  for  his  capture  offered  by  the  Canadian  government.  It  is  said  that, 
in  his  later  years,  Doctor  O'Callahan  avoided  all  reference  to  his  Canadian  exoeriences. 
It  is  known  that,  although  the  government  offered  pardon  to  those  who  had  fought  against 
it,  he  made  no  attempt  to  have  the  ban  lifted  in  his  case  nor  did  he  ever  revisit  Canada. 

Doctoi  O'Callaghan  took  up  the  practice  of  medicine  in  Albany,  N.  Y.,  and  soon 
made  friends  among  the  orominont  people  of  the  State.  He  edited  an  industrial  paper 
called  the  "  Northern  Light."  When  the  antirent  troubles  were  attracting  attention,  he 
took  up  the  study  of  the  Dutch  language  so  that  h°  might  obtain  more  complete  infor- 
mation as  to_  the  rights  of  the  ratroons.  Astonished  to  find  the  vast  amount  of  infor- 
mation contained  in  the  untranslated  Dutch  documents  in  the  possession  of  the  State 
and  of  private  owners.  Doctor  O'Callaghan  began  a  systematic  study  of  the  historv  of 
the  colony,  which  resulted  in  the  publication  of  his  "  History  of  New  Netherland  "  in 
two  volumes.  In  its  depth  of  research  and  freshness  of  style,  this  work  was  a  revela- 
tion to  the  public  and  to  students;  but,  while  it  gave  the  author  a  wide  rcnutation, 
it  was  published  at  a  loss  to  him.  The  interest  aroused  bv  the  book  led  to  the  State 
sending  Mr.  John  Brodhead  to  England,  France  and  Holland  to  collect  material  relating 
to  American  history  and  especially  to  that  of  the  State  of  New  York.  Doctor  O'Cal- 
laghan was  called  upon  to  edit  this  work,  which  resulted  in  a  publication  of  eleven 
volumes. 

With  his  reputation  as  a  historian  soundly  established.  Doctor  O'Callaghan  wrote, 
edited  and  compiled  many  other  works,  a  number  of  them  being  based  upon  documents 
found  in  the  colonial  archives  of  the  office  of  th«»  Secretary  of  State.  Among  these 
were  the  Journals  of  the  Leeislative  Councils,  a  Calendar  of  State  Papers,  Lists  of 
Land    Grants.    Revolutionary    Papers,    etc. 

Having  been  invited  to  compile  and  edit  the  early  documents  in  the  possession  of 
New  York  City,  Doctor  O'Callaghan  moved  to  that  citv.  After  completing  the  exten- 
sive work,  to  Doctor  O'Callaghan's  great  distress,  politics  interfered  and  the  books 
were  not  published.  Soon  after  he  was  taken  ill  and  after  an  illness  of  over  two  years, 
he  died  on  May  29,  1880,  surrounded  by  the  extensive  library  of  American  history 
which  be  had  collected. 

» Caleb  Smith  WoodhuH,  a  descendant  of  Richard  Woodhull,  patentee  of  Brook- 
haven,  L.  I.,  was  born  February  26,  1792  at  Millar's  Place.  L.  I.  He  entered  Yale 
College  in  1808,  at  the  age  of  fifteen  and  was  graduated  with  the  honors  of  his  class 
in    t8ii. 

_He  was  a  private  in  the  War  of  181 2,  being  a  member  of  the  militia  in  Now  York 
City,  which  was  charged  with  the  safety  of  the  city.  He  continued  his  connection  with 
the   militia   until    1830. 

In  181 7  he  was  admitted  to  the  bar  in  New  York  City.  He  was  elected  a  member 
of  the  common  council  of  New  York  City  in  1836  and  held  that  office  for  eight  years. 
In    1849,   he   was   elected   mayor   of  New   York   and   held   that   office   until   January    1851. 


390  THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

Our  Free  School  Law 

As  we  are  soon  to  be  called  upon  to  do  for  ourselves  what  we  have 
elected  and  paid  others  to  do  for  us  that  is,  to  legislate  upon  the  school  law; 
and  as  we  cannot  discuss  the  subject  by  talking  to  each  other  across  the  hall, 
as  those  could  do  and  should  have  done  who  were  delegated  for  that  pur- 
pose, we  must  confer  with  each  other  by  the  only  means  left  us,  either 
through  the  press  or  by  the  trouble  and  expense  of  public  meetings. 

Every  person  of  intelligence,  and  with  proper  social  feeling,  is  fully  aware 
of  the  value  and  importance  of  an  educated  compared  with  an  uneducated 
people. 

In  discussing  the  present  school  law,  its  friends  seem  to  assume  that  they 
are  exclusively  the  champions  of  free  schools,  and  everybody  is  denounced 
as  opposed  to  free  schools  and  even  opposed  to  educating  our  children  at  all, 
and  especially  our  poorer  children  if  we  dare  to  call  in  question  the  wisdom 
or  the  fitness  of  the  present  law,  either  as  a  whole  or  in  its  detail.    This  is 


During  his  term  as  mayor,  Jenny  Lind  visited  New  York  and  he  became  her  sole  adviser 
as  to  ner  many  charities  during  her  stay  in  New  York.  Mr  Woodhull  died  at  Miller's 
Place,   July   16,   1866. 

He  is  described  "as  a  man  of  broad  political  outlook  and  possessed  not  only  the 
unshaken  confidence  and  esteem  of  his  friends  but  the  high  regards  of  his  political 
opponents  as  well,  his  sound  judgment,  integrity  and  talents  made  him  a  man  of 
great    usefulness    in    his    generation." 

*  William  F.  Havemeyer  was  born  in  New  York  City,  February  12,  1804.  At  the 
age  of  fifteen  he  entered  Columbia  College,  and  was  graduated  in  1823.  In  i828_  he 
commenced  business  as  a  sugar  refiner  and  prospered  in  the  business  until  he  retired 
in  1848.  The  reputation  he  had  earned  as  a  man  of  sound  judgment,  ability  and 
integrity   secured   for  him   the   distinction   of   a  presidential   elector   in    1844. 

In  184s  he  was  elected  mayor  of  New  York  City  and  his  administration  of  municipal 
affairs  was  so  satisfactory  that  in  1848  he  was  again  chosen  for  the  same  ofiice.  Mr 
Havemeyer  was  the  first  president  of  the  board  known  as  the  "  Commissioners  of  Emi- 
gration," and  in  that  position  was  influential  in  reforming  many  of  the  wrongs  and 
abuses  to  which  emigrants  had  been  subjected  by  swindling  agents  _  and  runners.  In 
1851  he  was  elected  to  the  presidency  of  the  Bank  of  North  America  and  filled  that 
position   for  ten  years. 

After  retiring  from  his  second  term  of  office,  Mr  Havemeyer  steadily  declined  any 
further  special  honors  until  the  fall  of  1872,  when  he  was  again  nominated  for  the 
office  of  mayor.  He  was  elected  to  this  office,  and  served  until  his  death  on  November 
30,   1874- 

*  James  Harper,  publisher,  founder  of  the  house  of  Harper  &  Brothers,  was  born 
at  Newtown,  L.  I.,  April  13,  1795.  His  father  was  Joseph  Harper,  who  was  a  farmer 
at  Newtown.  The  father  of  Joseph  Harper,  James  Harper,  was  an  Englishman,  one 
of  the  earliest  American  Methodists  who  came  to  this  country.  He  settled  as  a  school- 
master at  Newtown,  about  1740.  Joseph  Harper  married  Elizabeth  KoUyer,  who  is 
described  as  having  been  "  a  woman  of  vigorous  and  superior  character,  of  a  cheerful 
piety  and  kindly  humor."  James  was  their  eldest  child,  and  when  sixteen  years  of 
age  he  and  his  brother  John  were  apprenticed  to  two  printers  in  New  York.  They 
were  both  well-trained  boys,  with  sound  principles,  while  James  was  also  possessed  of 
great  personal  strength,  and  both  were  noted  for  their  regular  and  correct  habits.  In 
the  office  were  James  served  his  apprenticeship,  Thurlow  Weed  was  a  fellow-workman, 
and  the  two  there  formed  a  friendship  which  lasted  through  life.  James  soon  became 
a  noted  pressman.  The  twro  brothers  were  thrifty,  and  when  they  had  served  their 
apprenticeship,  they  were  in  possession  of  a  small  capital,  which  represented  their 
joint  savings.  To  this  _  was  added  something  from  their  father's  means,  and  they 
started  a  business  of  their  own,  a  small  printing  office  in  Dover  street.  New  York.  Here 
they  printed  books  to  order,  their  first  work  being  completed  in  August  1817,  when  tTiey 
delivered  2000  copies  of  .Seneca's  "  Morals."  Their  next  book  was  Mair's  "  Introduc- 
tion to  Latin  Syntax;"  and  in  .April  1818,  thy  printed  500  copies  of  Locke's  "  Essay 
upon  the  Human  Understanding;"  and  upon  this  volume  appeared,  for  the  first  time, 
the  imprint  of  T.  _&  J.  Harper  as  publishers.  From  this  small  beginning  and  by  exer- 
cising care  and  judgment  in  all  their  undertakings,  the  jfoung  firm  soon  grew  to 
eminence  in  publishing.  The  placing  of  two  younger  brothers,  Joseph  Wesley  and 
Fletcher,  as  apprentices  to  the  firm,  was  in  due  tim"  followed  by  their  admission  as 
partners,  when  the  name  was  changed  to  Harper  &  Brothers.  James  Harper  sustained 
throughout  his  life  his  devotion  to  the  cause  of  temperance  and  religion.  He  was 
remarkable  for  his  spirit  of  toleration  and  for  the  kindly  way  in  which  he  excused 
the  faults  and  abberations  of  oi^hers.  In  politics  he  was  a  Whig  as  long  as  that  party 
lasted,  and  in  1844  was  elected  mayor  of  the  city  of  New  York,  a  position  in  which  he 
gained  the  respect  of  all  who  had  occasion  to  come  in  contact  with  him.  He  was 
frequently  asked  to  be  a  candidate  for  other  important  offices,  but  always  declined, 
preferring  to  devote  himself  to  his  business.     He  died  in  New  York,  March  25,   1869. 


FREE   SCHOOLS  391 

not  right.  It  would  be  strange  indeed  if  the  thousands  of  men  in  this  State, 
who  had  devoted  portions  of  their  own  life  to  teaching,  and  all  their  lives 
to  promoting  the  interests  of  education,  should  know  nothing  of  the  matter, 
while  official  station  alone  should  confer  all  the  wisdom  upon  a  few. 

I  start  with  the  assertion  that  I  would  open  the  door  of  the  schoolhouse 
to  every  child  in  the  State,  whatever  may  be  his  or  her  condition,  and  fur- 
ther that  the  property  and  productive  industry  of  the  State  should  sustain 
the  schools.  In  the  next  place  I  assert  that  our  old  school  system  which  we 
have  been  about  forty  years  in  maturing,  is,  in  its  financial  provisions,  with 
trifling  exceptions,  the  best  that  has  yet  been  devised  in  any  country;  and 
the  wisest  step  we  can  take  is  to  get  back  to  it  as  soon  as  we  can. 

'  Erastus  Cornelius  Benedict,  at  one  time  Chancellor  of  the  Board  of  Regents,  was 
born  in  Branford,  Conn.,  March  19,  1800.  The  family  was  descended  from  one  of  the 
name  who  landed  in  Massachusetts  Bay  in  1838  and  they  were  people  of  standing  in 
their  communities.  Mr  Benedict's  father  was  a  Presbyterian  minister  and  he  was 
in  charge  consecutively  of  churches  at  New  Windsor,  Franklin  and  Chatham,  New 
York.  Erastus  was  therefore  brought  up  in  New  York  State.  At  eighteen  he  entered 
the  sophomore  class  at  Williams  College  and  was  graduated  therefrom  in  1821.  He 
served  as  principal  of  an  academy  at  Jamestown  and  of  one  at  Newburgh  but  in  1823 
commenced  the  study  of  law  with  Judge  Samuel  R.  Betts  and  was  admitted  to  the 
bar  in  1824.  He  served  two  years  as  deputy  clerk  of  the  United  States  District  Court 
and  then  took  up  his  law  practice,  devoting  himself  to  admiralty  law  with  such  success 
that  he  became  the  leading  lawyer  of  New  York  in  this  branch  of  practice.  In  1850 
he  published  "  The  American  Admiralty,  its  Jurisdiction  and  Practice  "  which  became  a 
standard   authority   on   this   subject. 

Mr  Benedict  was  also  much  interested  in  literary  work  and  in  the  promotion  of  educa- 
tion. In  i860  he  published  "A  Run  Through  Europe,"  the  result  of  a  six  months'  vaca- 
tion. He  was  deeply  interested  in  mediaeval  Latin  poetry  and  translated  "  The  Hymn  of 
Hildebert "  and  other  sacred  poems.  In  1840  he  delivered  the  annual  address  before 
the  alumni  of  Williams  College.  In  1879  he  read  in  London,  before  the  International 
Association  for  Codifying  the  Law  of  Nations,  a  paper  on  "  Liability  for  Collisions 
as  Sea."  At  the  fifty-ninth  anniversary  of  the  New  York  Historical  Society,  he  read  a 
paper  in  vindication  of  the  Pilgrim  Fathers  from  the  unwarranted  attacks  made  upon 
them.  In  July  1878,  on  opening  the  Convocation  as  Chancellor,  he  delivered  an  address 
of  great  learning  and  suggestiveness. 

Mr  Benedict  early  became  interested  in  public  affairs  of  his  city  and  State.  He  was 
a  member  of  the  common  council  in  1840.  In  1848  and  again  in  1864,  he  was  elected 
to  the  Assembly  of  the  State  of  New  York  and,  in  1872,  to  the  Senate.  He  was  a 
member  of  the  board  of  Education  of  New  York  City  from  1850  to  1863  and  for  several 
years  its  president.  He  was  elected  a  Regent  of  the  University  of  the  State  of  New 
York  in  1855,  in  1872  was  elected  Vice  Chancellor  of  that  body  and  in  1878  was 
made  Chancellor.  His  honorary  degree  of  doctor  of  laws  was  conferred  upon  him  by 
Williams  College,  of  which  he  was  for  many  years  a  trustee.  He  died  in  New  York, 
October  22,   1880  in  his  eighty-first  year. 

'  Franklin  Townsend  was  born  in  Albany,  September  28,  1821,  the  son  of  Isaah 
Townsend,  who  was  a  prominent  business  man  of  Albany.  He  was  educated  at  the 
Albany  Boys  Academy.  In  i8s2  he  married  Miss  Anna  Josephine  King.  Mr  Townsend 
was  an  iron  founder  and  banker  and  became  one  of  the  leading  business  men  of  Albany 
serving  as  vice  president  of  the  Albany  Savings  Bank  and  president  of  the  New  York 
State  National  Bank.  He  had  also  a  keen  interest  in  public  affairs  and  was  elected 
to  the  board  of  aldermen  and  to  the  board  of  supervisors.  Later  he  served  in  the 
Assembly  and  for  nearly  nine  years  he  was  Adjutant  General  of  New  York  State.  He 
died    September     11,     1898. 

'Watts  Sherman  was  born  February  22,  1809.  He  was  for  many  years  cashier  of 
the  Albany  City  Bank,  and  at  the  time  of  his  death  in  February  1865,  was  a  member 
of  the  firm  of  Duncan,  Sherman  &  Co.  of  New  York  City.  He  commenced  his  business 
career  as  teller  of  the  Ontario  County  Bank  at  Canadaigua  and  was  cashier  of  the 
Livingston  County  Bank  at  Gcnesco,  before  going  to  .\lbany  in  1834.  He  removed  to 
New  York  in  1851.  Mr  Sherman  was  known  as  a  man  of  the  strictest  integrity  in 
his  business  life.  His  home  in  New  York  was  a  center  of  social  life  and  was _  frequented 
by  the  most  cultured  people  of  New  York  and  by  the  distinguished  foreigners  who 
visited  New   York  during  the  lifetime  of   Mr   Sherman  and  that  of  his  brilliant  wife. 

•Friend  Humphrey  was  born  at  Simsbury,  Conn.,  March  8,  1787.  His  father  died 
when  he  was  about  four  years  old  and  his  mother  gave  him  such  opportunities  for  an 
education  as  were  offered  at  that  time.  At  the  age  of  fourteen,  he  went  to  Hve  with 
Judge  Burt,  a  tanner  of  New  Hartford,  Conn.,  who  agreed  to  teach  him  his  trade. 
A  few  years  later  he  removed  to  Lansingburg,  N.  Y.,  with  the  family  of  Mr  Burt. 
About  181 1  Mr  Humphrey  married  Hannah  Hinman  of  Lansingburg,  who  died  in  1822. 
About    1825    he   married   Julia   Ann   Hoyt   of  Utica,   who  lived   until    1851. 

When  twenty-four  years  of  age,  Mr  Humphrey  moved  to  Albany  and  engaged  in 
the  tanning  and  leather  and  hides  businesses.  He  became  one  of  the  leading  dealers 
of  the  State  and  was  often  employed  by  other  dealers  to  buy  for  them  as  they  valued  his 
expert  judgment. 


392  THE   UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 

Our  public  school  fund  in  this  State  has  a  capital  of  $5,000,000,  producing 
an  annual  income  of  $280,000,  which  is  distributed  annually  amongst  the 
several  school  districts  to  which  is  added  a  like  sum  raised  by  direct  taxa- 
tion upon  the  real  and  personal  property  of  the  towns  and  counties  in  the 
State,  amounting  to  $560,000;  the  residue  for  the  support  of  the  schools  has 
been  collected  by  a  rate  bill  of  those  sending  to  school  who  were  able  to  pay, 

Mr  Humphrey  held  the  office  of  alderman  from  1819  to  1832,  and  was  also  super- 
visor for  several  terms.  He  was  elected  Representative  in  1828.  He  was  eledted  to  the 
State  Senate  in  1839.     He  helw  the  office  cm  mayor  of  Albany  in  1843-45,  ad  in  1849-50. 

Having  a  keen  interest  in  the  affairs  of  Albany,  Mr  Humphrey  was  one  of  the 
incorporators  and  a  member  of  the  first  board  of  directors  of  the  Merchants  Insurance 
Company,  a  trustee  of  the  old  Albany  Savings  Bank,  a  member  of  the  first  board  of 
trustees  of  the  Albany  Medical  College  and  a  governor  of  the  Albaay  Hospital. 

*•  Bradford  Ripley  Wood,  lawyer  and  diplomat,  was  born  at  Westbury,  Conn.,  Sep- 
tember 30,  1800,  son  of  Samuel  and  Rebecca  (Lyon)  Wood.  His  grandfather,  the 
Rev.  Samuel  Wood,  (1724—77)  was  a  Congregational  clergyman  who  served  as  chaplain 
of  the  Sth  Connecticut  regiment  in  the  Revolution,  was  taken  prisoner  at  the  capture 
of  Fort  Washington,  November  16,  1776,  and  died  on  the  British  prison  ship  Asia. 
His  great-grandfather,  David  Wood,  was  the  son  of  Daniel  Wood,  a  farmer. 

Bradford  R.  Wood  was  graduated  at  Union  College  in  1824.  He  taught  school, 
lectured  on  temperance,  education  and  patriotism;  studied  law  under  Robert  Lansing  of 
Watertown,  N.  Y.,  and  Harmanus  Bleecker  of  Albany  and  was  admitted  to  the  bar 
in  1827.  At  various  times  he  was  in  partnership  with  J.  V.  N.  Yates,  Arthur  South- 
wick,  Jacob  I.  Werner,  and  Clinton  Deforest.  He  was  president  of  the  Albany  Young 
Men's  Temperance  Society  in  1832  and  of  the  Albany  City  Temperance  Society  in  185 1. 
In  1841  he  was  made  a  life  member  of  the  Young  Men's  Association,  and  in  1850  was 
one  of  the  founders  of  the  First  Congregational  Church  of  Albany,  of  which  he  was 
a  trustee  for  many  years.  During  1863—83  he  was  vice  president  of  the  American  Home 
Missionary  Society.  He  was  a  member  of  the  29th  Congress  (1845-1847),  as  a 
Democrat,  when  he  opposed  the  admission  of  Texas  as  a  slave  state.  In  i85i  he 
became  United  States  minister  to  Denmark  and  established  a  warm  friendship  between 
Denmark  and  the  federal  government  during  the  four  years  he  held  the  office.  Upon 
his  return  to  the  United  States  he  was  made  a  commissioner  to  deepen  New  York 
harbor.  He  was  a  member  of  the  American  Geographical  and  Statistical  Society, 
honorary  president  of  the  African  Institute  of  Paris,  and  he  received  the  honorary 
degree  of  LL.D.  from  Williams  College  in  1870.  Though  a  Democrat  for  many  years, 
he  was  always  opposed  to  slavery,  and  in  1855  became  one  of  the  founders  of  the 
Republican  Party  in  New  York  State.  He  was  married  August  24,  1834,  to  Eliza, 
widow  of  Joseph  W.  CHark  and  daughter  of  Thomas  Gould,  of  Albany,  and  had  six 
sons  and  two  daughters.      He   died   in   Albany   September   26,    1889. 

"Luther  Bradisn  was  born  September  15,  1783,  in  Cummington,  Mass.  In  1804 
he  was  graduated  from  Williams  College,  which  institution  later  conferred  upon  him 
the  degree  of  LL.D,  He  entered  upon  the  profession  of  law  in  New  York  City  but 
shortly  thereafter  made  an  extended  tour  through  the  West  Indies,  South  America  and 
the  British  Isles.  He  returned  to  this  country  and  served  as  a  volunteer  _  in  the  War 
of  1 812.  In  1820  he  went  to  Europe  for  the  purpose  of  studying  conditions  in  the 
Levant  with  a  view  to  formulating  a  plan  upon  which  the  United  States  might  enter 
into  relations  with  Turkey.  He  crossed  the  ocean  in  a  United  States  ship-of-war 
which  joined  a  squadron  of  ships_  and  made  a  tour  of  the  Mediterranean.  Haying  made  an 
exhaustive  study  of  conditions  in  the  Near  East,  Mr  Bradish  submitted  his  report  to 
the  government  and  with  this  as  a  basis  the  desired  relations  with  Turkey  were  estab- 
lished. Mr  Bradish  remained  abroad  six  years,  visiting  the  Near  East,  Egypt,  Russia 
and  in  fact  every  country  in  Europe. 

Upon  his  return  to  New  York  in  1827,  he  was  elected  a  member  of  the  Assembly 
and  held  this  office  from  1827  to  1830  and  again  from  1835  to  1838.  In  1838  he  was 
made  Speaker  of  the  Assembly  and  in  1838  and  again  in  1840  he  was  elected  Lieutenant 
Governor  of  the  State  of  New  York.  In  1842  he  was  the  Whig  candidate  for  Governor 
but  was   not   elected. 

Mr  Bradish  had  a  deep  interest  in  educational,  charitable  and  reformatory  questions. 
He  served  on  boards  of  trustees  of  many  charitable  institutions  and  was  president  of 
the  New  York  Historical   Society  and  president  of  the  American  Bible  Society. 

Mr  Bradish  was  married  twice,  his  first  wife  being  Miss  Helen  Elizabeth  Gibbs 
of  Newport,  R.  I.,  and  his  second  Miss  Mary  Eliza  Hart  of  New  York  City.  Mr 
Bradish  died  August  30,    1863. 

"Robert  Kelly  was  born  in  1808.  He  was  graduated  from  Columbia  College  in  1826 
and  engaged  in  commercial  business  amassing  a  large  fortune.  He  retired  from  business 
in  1836;  He  was  said  to  have  had  a  mastery  of  eight  languages.  Being  much  interested 
in  public  affairs,  he  held  at  various  times  the  following  positions:  Chamberlain  of  New 
York  City,  president  of  the  House  of  Refuge,  vice  president  of  the  Merchants'  Clerks 
Savings  Bank,  director  of  the  Mechanics'  Bank,  director  of  the  United  States  Trust 
Company,  trustee  of  the  Clinton  Hall  Association,  trustee  of  the  New  York  Society 
Library,  Chairman  of  the  Democratic  city  committee,  Democratic  state  committeeman, 
trustee  of  New  York,  Madison  and  Rochester  Universities.  From  the  last  named  institution 
he  received  the  degree  of  LL.D.  Mr  Kelly  was  a  member  of  the  board  of  Education 
of  New  York  City  from  1847—1850,  during  part  of  which  time  he  was  its  president. 
In  March  1856  he  was  elected  a  member  of  the  Board  of  Regents  of  the  University  of 
the  State  of  New  York  but  his  death  in  April  1856  cut  short  his  work  on  this  board. 


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(From  picture  owned  by  the  city  of  New   York) 


FREE   SCHOOLS  393 

and  those  who  are  not  had  their  bills  paid  by  a  tax  on  the  district  or  out 
o£  the  public  money.  That  law  should  be  so  amended  as  to  make  it  impera- 
tive upon  the  trustees  to  pay  the  tuition  of  all  indigent  children  in  the  dis- 
trict out  of  the  public  fund.  This  would  not  take  more  than  from  one- 
tenth  to  one-fourth  of  that  fund  in  any  district.  Let  the  rest  be  apportioned 
as  now.  If  the  trustees  should  act  oppressively  let  an  appeal  lie  to  the  dis- 
trict, where  the  poor  children  will  always  be  safe. 

But  it  is  objected  that  this  makes  paupers  of  the  poor  children.  I  ask, 
paupers  to  whom?  —  Answer — to  the  State.  What  does  the  present  law 
make  of  them  but  paupers?  And  paupers,  too,  upon  the  earnings  of  their 
neighbors,  instead  of  upon  the  state  fund  which  nobody  feels.  In  w^hich  of 
these  two  conditions  would  they  be  most  likely  to  be  reminded  of  their 
dependence  ? 

The  horror  of  being  educated  out  of  the  public  fund  has  not  shocked  the 
sensibilities  of  some  of  the  most  splendid  men  to  be  found  in  one  of  our 
most  honorable  professions,  who  did  not  suffer  from  being  educated  as 
"  pious  young  men ;  "  and  why  should  we  suppose  the  sensibilities  of  the 
indigent  children  in  our  school  districts  more  acute? 

The  present  free  school  law  has  no  advantages  over  the  old  in  this  respect 
but  on  the  contrary  one  of  the  strongest  objections  to  it  is  that  it  compels 
a  large  class  of  industrious  and  respectable  people  to  pauperize  their  chil- 
dren who  are  able  and  desirous  to  educate  them  themselves.  There  are 
thousands  of  men  in  the  State  whose  names  are  not  on  the  assessors'  book 
or  if  on  at  all,  are  there  for  very  small  amounts,  whose  weekly  and  monthly 
earnings  are  more  than  those  of  their  farmer  neighbors  who  are  high  on 
those  'books,  and  of  course  have  the  schools  to  support.  These  nontax- 
paying  men,  if  they  send  to  the  school  at  all,  are  obliged  to  send  as  paupers, 
which  they  have  no  desire  to  do,  and  which,  if  they  have  the  feelings  and 
spirit  of  men,  they  would  not  do  if  they  could  help  themselves. 

To  illustrate:  here  is  a  school  district  in  the  country  with  sixty  scholars. 
The  valuation  of  the  property  in  the  district  is  sixty  thousand  dollars.  Now 
any  one  sending  to  this  school  who  is  not  on  the  assessors'  list  at  all,  or 
who  is  there  for  less  than  $1000  on  each  scholar  he  sends  to  school,  sends  as 
a  pauper  on  his  taxpaying  neighbor.  This  is  talked  of  between  parents  and 
children  and  our  social  harmony  is  suffering  a  thousand  times  more  from 
it  than  from  all  the  good  that  can  ever  come  of  the  system. 

Another  source  of  social  disturbance  is  that  the  people  of  the  district  are 
compelled  by  this  law  to  come  together  once  a  year  and  vote  for  the  term 
of  their  school.  Experience  has  shown  that  this  brings  us  conflict  between 
the  taxpaying  and  the  nontaxpaying  classes.  Experience  has  also  shown 
that  in  hundreds  of  instances  where  under  the  old  law,  a  school  had  been 
taught  from  eight  to  twelve  months  in  the  year,  the  term  has  been  voted 
down  for  four  months.  On  the  other  hand,  where  the  taxpayers  have  been 
out  voted  and  compelled,  against  their  wills  to  educate  their  neighbor's  chil- 
dren, hatred  and  ill  feeling  has  been  ingendered,  neighbors  who  have  hith- 
erto lived  on  friendly  terms,  have  not  done  so  since  the  last  winter  school 
meeting,  and  the  nontaxpayers  have  in  some  instances  found  that  they 
have  won  a  dear  victory,  for  they  find  they  want  other  things  of  their  tax- 
paying  neighbors  besides  payment  of  their  school  bill.     This   should  have 


394  THE   UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 

been  foreseen.  For  if  we  set  one  class  of  our  people  by  law  to  war  upon 
another,  it  would  be  strange  if  they  would  not  war  back  again ;  and  if  we 
pass  laws  to  set  the  weak  to  war  against  the  strong,  it  does  not  require  a 
wise  man  to  foretell  the  result  in  the  end. 

I  believe  all  can  see  that  we  can  not  get  on  with  the  law  as  it  now  is. 
I  can  not  believe  the  last  Legislature  sent  us  this  law  expecting  we  would 
enact  it  again,  when  they  all  very  well  knew  it  would  be  practically  so  mis- 
chievous in  its  effects  upon  society  and  so  destructive  of  our  common 
schools.  I  think  I  do  not  misunderstand  them  when  I  suppose  that  as  their 
predecessors  had  sent  this  strange  law  to  the  people,  which  they  had  as 
strangely  passed  because  labeled  free  schools,  they  could  do  no  less  than 
send  it  to  us  again  after  we  had  taken  off  the  label  and  seen  what  it  cov- 
ered, that  we  might  and  would  repeal  it.  I  consider  this  law  "  an  impracti- 
cable abstraction ;  "  as  self-destructive  as  it  is,  should  the  people  unfortu- 
nately recredit  it,  its  friends  will  insist  upon  its  inviolability,  because  twice 
sanctioned  by  the  people  its  defects  are  to  be  as  much  sanctioned  as  its 
excellences,  if  it  has  any,  for  we  are  not  permitted  to  discriminate  and  repeal 
part  and  sanction  part.  If  we  repeal  it,  we  fall  back  upon  the  old  law, 
under  which  we  have  prospered  so  well,  and  whose  defect  we  can  easily 
cure.  If  we  reaffirm  it,  we  fasten  it  upon  us  with  all  its  deformities  for 
years  to  come. 

Mr  Beekman  of  our  State  senate,  in  a  speech  last  winter  evincing  much 
research,  although  intended  in  favor  of  this  new  law,  furnished  one  of  the 
strongest  arguments  I  have  seen  against  it  and  in  favor  of  the  old  system. 

He  gave  the  educational  statistics  of  several  of  the  countries  in  Europe, 
and  of  several  of  our  states  here,  showing  that  the  proportion  of  the  popu- 
lation attending  schools  here  was  much  greater  than  in  Europe,  and  then 
showed  this  undeniable  fact  in  favor  of  our  old  system,  to  wit:  That  in 
New  England  and  Ohio,  under  their  free  school  system  sustained  by  direct 
taxation,  one  in  four  of  the  population  attended  common  schools  whilst  in 
this  State,  under  the  old  law,  one  in  three  and  one-tenth  attended  school ; 
showing  that  under  our  old  system  we  were  just  ten  per  cent  better  than 
they  are  in  New  England,  under  their  free  school  by  direct  taxation,  which 
they  have  been  a  century  in  maturing.  And  now  we  are  cooly  asked  to  retro- 
grade that  ten  per  cent  to  improve  our  condition.  I  do  not  know  why  we 
should  do  so  except  it  be  from  sheer  love  of  direct  taxation.  This  would 
be  rather  a  new  doctrine,  and  should  not  be  popular.  It  certainly  has  not 
been  hitherto. 

All  direct  taxation  is  odious  and  should  not  be  resorted  to  except  from 
pressing  necessity.  Although  fully  provided  for  in  the  constitution  of  the 
United  States,  the  general  government  has  never  dared  to  resort  to  it  to 
meet  the  ordinary  expenses  of  government,  and  the  taxpayers  of  this  Stats 
are  not  prepared  to  submit  to  its  increase  to  an  extent  from  four  to  eight 
mills  on  a  dollar  until  they  are  satisfied  of  its  absolute  necessity  and  of  its 
justice. 

No  system  of  direct  taxation  has  yet  been  devised  for  this  State  which  is 
not  extremely  unequal  in  its  burdens.  Personal  property  and  especially  in 
the  hands  of  large  capitalists,  has  never  been  reached  so  as  to  bear  any- 
thing like  its  share  in  taxation  while  real  estate  is  always  shown  up  at  full 


FREE   SCHOOLS  395 

length  to  the  assessor's  eye.  This  disparity  is  most  sensibly  felt,  and  espe- 
cially by  our  agricultural  population.  That  class  of  our  people  especially 
feel  most  sensibly  the  injustice  of  that  system  of  double  taxation,  which 
occurs  whenever  property  is  under  mortgage.  The  mortgagee  is  taxed  to 
the  amount  of  the  mortgage  as  personal  property  and  the  mortgagor  is 
again  taxed  for  the  farm  or  property  mortgaged  as"  owner.  The  mortgagee 
is  the  actual  owner  of  the  farm  to  the  amount  of  the  mortgage  and  so  far 
as  he  is  liable  to  taxation  for  it  nobody  else  should  be.  If  a  man  owns 
stock  in  a  corporation  the  corporation  alone  is  taxed  for  it.  He  is  not  taxed 
again  as  stockholder. 

A  very  large  proportion  of  the  farms  in  this  State  are  under  mortgage  to 
a  greater  or  less  extent,  the  purchase  money  on  a  sale  is  seldom  fully  paid 
down.  The  purchaser  often  goes  in  debt  for  half  or  more  of  it,  and  expects 
with  severe  labor  and  severe  economy  to  keep  down  his  interest  and  little  by 
little  to  wear  away  the  principal.  Such  a  man  under  present  free  school  law 
is  frequently  compelled,  whether  he  has  children  of  his  own  to  educate  or 
not  to  educate  those  of  his  neighbor  who  is  much  wealthier  than  himself 
and  whose  property  or  whose  income  is  not  taxed.  Such  a  man  is  made  to 
feel  and  keenly  to  feel  a  sense  of  injustice  and  in  many  instances  of  oppres- 
sion in  this  law  of  his  country.  He  is  made  to  feel  as  no  honest,  industrious 
man  so  commendably  striving  to  better  his  condition  and  to  better  his  coun- 
try should  be  made  to  feel.  And  would  you  countenance  the  man  who  under 
the  sanction  of  the  law  would  appropriate  the  earnings  of  such  a  neighbor 
and  those  of  his  family  to  educate  his  own  children  that  he  might  lay  up  his 
own  earnings  or  spend  them  for  his  own  gratification?  Or  would  you  coun- 
tenance the  man  who  would  take  the  earnings  of  such  a  man  to  educate  his 
children,  that  he  himself  might  spend  his  time  in  idleness  and  his  means  in 
profligacy,  even  if  he  was  mean  spirited  enough  to  pauperize  his  children 
and  throw  them  upon  his  taxpaying  neighbor  who  although  taxpayer,  lives 
by  his  own  hard  labor  and  that  of  his  family. 

Let  us  repeal  this  new  law  that  is  so  unjust  and  is  working  and  always 
will  work  so  much  mischief  to  society  and  to  our  common  schools  and  get 
back  to  that  old  system  which  has  been  matured  by  the  wisdom  of  forty 
years,  and  under  which  we  were  ten  per  cent  of  New  England  herself  and 
much  more  than  that  in  advance  of  any  other  country.  We  will  greet  the 
old  system  as  an  old  friend  under  whose  countenance  we  have  done  so  well. 
Where  it  is  not  perfect,  we  will  make  it  so.  Our  schools  will  then  be  free 
as  water.  Those  who  are  able  to  educate  their  children  will  do  it  as  they 
should  do,  and  they  will  see  that  their  money  is  well  laid  out;  and  those 
who  are  not  able,  have  an  ample  public  fund  for  it  without  taxing  their 
neighbors. 

H  any  children  are  found  in  the  streets  untaught,  make  it  the  duty  of  the 
trustees  to  place  them  in  the  schools  upon  the  public  fund;  our  schools  will 
then  be  practically  free;  our  odious  system  of  direct  taxation  will  not  be 
aggravated  and  the  asperities  and  ill  blood  which  one  year's  operation  under 
this  unfortunate  law  have  engendered  will  in  time  wear  away  and  we  shall 
outgrow  the  evils  which  it  has  cast  upon  us. 

An  Old  Schoolmaster 
—Albany  Argus,  August  31,  1850 


396  THE   UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

Having  presented  the  principal  points  of  objection  to  the  free  school  law 
and  shown  where  it  differs  from  the  old,  it  only  remains  to  urge  upon  the 
voters  of  the  State  of  New  York  to  examine  the  subject  in  the  light  of  an 
enlarged  and  liberal  patriotism,  and  act  in  view  of  the  real  questions  at  issue, 
which  are  these.  Is  the  new  law  preferable  to  the  old?  Is  it  more  in 
accordance  with  the  spirft  of  our  republican  institutions?  Will  it  diffuse  more 
widely  and  more  equally  the  benefits  of  Education?  Will  the  expenses  be 
more  equitably  apportioned  ?  And  finally,  will  the  aggregate  practical  benefits 
to  be  derived  from  the  adoption  of  the  new  be  greater  than  those  we  have 
actually  derived  from  the  old  system?  Having  settled  these  questions  in  his 
own  mind,  let  every  voter  in  the  State  come  forward  and  deposit  his  for 
or  against  the  change  —  let  no  man  be  deferred  from  a  free  expression  of 
his  honest  convictions  by  the  fear  of  being  denounced  as  an  "  enemy  to  free 
schools."  For  if  the  positions  assumed  and  attempted  to  be  sustained  by 
facts,  and  arguments  which  every  unprejudiced  reader  can  appreciate  for 
himself  are  true,  the  schools  under  the  old  system  are  more  practically  "  free 
schools  "  than  under  the  new.  The  question  to  be  decided  is  the  adoption  of 
the  new,  and  partially  untried  system,  to  which  there  are  great  and  apparently 
insurmountable  objections,  or  a  return  to  the  old  well  tried  system  with 
which  the  people  were  satisfied. 

Let  no  man  be  deceived  in  regard  to  the  real  question  at  issue,  or  the  result 
inevitably  to  follow  the  adoption  of  the  new  law.  The  idea  that  subsequent 
legislation  can  remedy  all  defects  is  entirely  fallacious.  Yield  up  to  the  strong 
arm  of  the  law  the  control  of  your  common  schools;  and  the  power  to  tax 
your  property  for  their  entire  support;  and  you  yield  a  power  you  can 
never  recover.  "  Revolutions  never  go  backwards."  The  next  step  will  ba 
to  popularize  your  churches ;  make  their  teachings  conform  to  some  popular 
standard  from  which  all  sectarianism  is  excluded ;  and  then  levy  the  expense 
of  their  support  by  a  compulsory  tax  upon  "  the  property  of  the  State." 
This  would  be  "  Church  and  State  "  with  a  vengeance.  Yet  it  is  but  one  step 
beyond  where  the  "  free  school  law  "  carries  us.  Who  doubts  that  the  same 
appliances  brought  to  bear  upon  this  question,  by  demagogues  and  fanatics 
(perhaps  of  another  class,)  would  produce  a  popular  vote  in  favor  of  such 
a  law. 

It  is  said  that  it  is  unfair  to  connect  the  operation  of  unequal  and  unjust 
taxation  with  the  adoption  of  the  new  "  free  school  law,"  whereas  this  is 
one  of  the  principal  objections  to  it.  No  system  of  compulsory  taxation  can 
•be  devised  that  will  not  operate  unequally  and  unjustly  that  entirely  excludes 
the  rate  bills.  The  strength  and  popularity  of  our  school  system,  like  that 
of  our  system  of  government,  consists  in  the  fact  that  it  is  dependent  for 
its  support  upon  the  people  —  that  the  power  of  the  support  and  control  is 
diffused  over  the  entire  mass,  and  not  concentrated  in  the  government. 
Every  State  has  a  right  to  regulate  its  own  internal  affairs  without  the 
knows  the  power,  and  feels  the  responsibility  of  his  position,  will  be  the 
strength  and  perpetuity  of  our  institutions. 

When  the  government  becomes  strong,  and  the  people  weak  and  powerless, 
then  farewell  to  our  liberties.  Our  forefathers  wisely  considered  this,  and 
left  nothing  for  the  law  to  do,  which  could  be  better  done  without.  They 
wanted  no  hordes  of  public  officers  to  do  that  which  they  could  do  them- 


FREE   SCHOOLS  397 

selves.  This  is  a  fundamental  principle  of  our  republican  government. 
Every  state  has  a  right  to  regulate  its  own  internal  affairs  without  the 
interference  of  any  other  State.  Each  county  in  the  State  has  the  same 
right  to  regulate  its  own  local  affairs  —  every  town  the  same  right,  and 
every  school  district  the  same  right. 

What  may  be  considered  very  proper  in  regard  to  the  local  domestic 
relations  of  one  State,  county,  town  or  district,  may  be  considered  far  other- 
wise in  another.  There  is  no  such  equality  of  circumstances,  opinions  or 
feelings,  existing  as  will  justify  the  universal  applicajtion  of  a  law  or  prin- 
ciple indiscriminately,  and  that  government  which  leaves  nothing  to  the 
opinions,  desires,  wishes,  or  discretion  of  the  people  to  individuals  or  com- 
munities is  a  despotism. 

We  must  take  society  as  it  is  and  not  as  we  would  have  it.  It  is  unreason- 
able to  suppose  that  we  can  ever  make  the  entire  mass  of  community  equally 
wealthy,  learned  or  virtuous,  unless  we  destroy  all  motive  to  the  acquisition 
of  either  wealth,  learning  or  virtue,  and  reduce  all  to  the  level  of  the 
lowest,  which  seems  to  be  the  desire  and  determination  of  modern  theorists 
as  well  as  the  tendency  of  modern  legislation. 

There  is  no  universal  panacea  for  poverty,  ignorance  and  vice.  The 
world  is  and  always  has  been  full  of  these  evils  and  will  continue  to  be, 
as  long  as  it  is  inhabited  by  the  fallen  race  of  Adam. 

Plant  a  schoolhouse  upon  every  square  mile  of  our  territory,  multiply 
teachers  until  the  number  is  sufficient  to  furnish  one  for  every  house, 
appropriate  the  entire  property  of  the  State  for  their  support,  and  you  have 
accomplished  but  little  towards  making  our  entire  population  either  learned 
or  virtuous.  W. 

—  Buffalo  Commercial  Advertiser,  September  ii,  1850 

Free  Schools 

An  effort  is  being  made  to  induce  the  electors  of  this  city  to  vote  for  the 
free  school  law.  Is  this  right?  We  have  a  free  school  system  of  our 
own,  established  by  ourselves  and  supported  by  a  direct  assessment  upon  the 
property  of  our  citizens.  When  the  question  of  free  schools  in  our  city 
came  to  be  voted  upon,  what  would  we  have  thought  of  the  propriety  of 
permitting  the  inhabitants  of  the  country  towns  to  vote  upon  the  question 
and  decide  it  for  us?  The  answer  is  obvious.  We  would  have  condemned 
it  as  an  unjust  and  impertinent  interference  with  a  matter  belonging  exclu- 
sively to  ourselves.  Yet  there  is  a  disposition  on  the  part  of  some  of  our 
citizens  to  perpetrate  a  like  indignity  upon  our  neighbors  in  the  country 
towns. 

So  far  as  I  am  informed  the  inhabitants  in  the  rural  districts  are  opposed 
to  the  law  establishing  free  schools,  and  if  it  be  voted  down,  it  will  be 
because  the  inhabitants  of  the  cities  outvote  them. 

We  have  in  Buffalo  our  system  of  free  schools,  and  although  it  is 
obnoxious  to  very  many  objections,  yet  there  are,  no  doubt,  preponderating 
reasons  why  it  should  be  sustained.  In  populous  towns,  there  are  great 
numbers  of  children  whose  parents  are  destitute  of  any  desire  to  do  anything 
for  their  moral  and  intellectual  culture,  as  they  are  of  the  means  of 
accomplishing    it.      With    the    facilities    which    the    public    schools    afford 


398  THE  UNIVERSITY   OF  THE  STATE  OF   NEW   YORK 

their  more  virtuous  neighbors  by  a  little  effort  may  secure  to  such  children 
the  benefits  of  education.  Besides  this  class  there  is  another  which  we  may 
denominate  the  laboring  unfortunate  poor,  who  have  the  desire  but  not  the 
means  to  educate  their  children. 

In  the  country,  however,  these  cases  are  exceedingly  rare,  and  whenever 
they  occur,  the  law  as  it  has  stood  for  years  has  invested  a  discretionary 
power  in  the  district  trustees  to  omit  all  such  persons  on  their  tax  list. 

The  law  now  proposed  to  be  forced  upon  the  people,  in  effect  proposes  to 
compel  a  man,  who  has  already  at  his  own  expense  educated  a  family  of 
eight  children,  and  has  only  two  left  to  be  educated,  to  pay  just  as  much 
for  the  tuition  of  those  two  as  his  neighbor  of  equal  property  does  for 
that  of  his  entire  family,  consisting  (if  you  please)  of  12  children.  To 
illustrate  still  further  the  injustice  of  the  law,  let  us  state  a  case  which 
actually  exists :  There  is  a  widow  in  the  town  of  Alden,  whose  husband  has 
left  her  with  a  small  farm  of  fifty  acres,  and  one  child  to  be  educated.  The 
income  from  this  farm  does  not  exceed  one  hundred  and  twenty-five  dollars 
per  annum.  Near  her,  in  the  same  school  district,  lives  a  mechanic  who  is 
not  the  owner  of  any  real  estate,  but  has  an,  annual  income  from  his  business 
of  at  least  five  hundred  dollars.  He  has  five  children  who  attend  the 
district  school.  The  widow's  little  farm  is  taxed  to  support  the  school. 
The  mechanic  pays  not  a  cent.  What  say  you,  brother  city  voters,  if  we  vote 
at  all,  shall  we  vote  for  the  law?  R. 

—  Buffalo  Commercial  Advertiser,  November  4.  1850 

The  Free  School  Question 

Mr  Editor  —  I  have  been  much  amused  at  lamentations  of  the  free  school 
law,  and  somewhat  vexed  with  the  benevolent,  milk-and-water  style  in 
which  it  has  been  attempted  to  reconcile  them  to  its  operations,  by  portraying 
the  glorious  objects  to  which  their  money  is  to  be  applied. 

Now,  I  claim  to  be  one  of  the  honest,  huge-fisted  democracy  in  favor  of 
speaking  out  plain,  and  would  not  resort  to  duplicity  even  to  promote  a 
good  cause,  especially  when  we  have  strength  to  carry  our  points  by  main 
force.  That  learning  is  an  excellent  thing  to  its  possessor,  and  not  without 
value  to  community,  is  unquestionable.  But  if  our  object  was  only  the 
education  of  the  children  of  the  State,  we  should  effect  it  by  simply 
requiring  the  parent  to  discharge  his  duty  to  his  own  offspring,  merely 
aiding  on  our  part  such  as  from  poverty  or  other  causes,  as  might  need 
assistance.    We  are,  however,  looking  far  beyond  this. 

I  would  therefore  advise  the  unhappy  tax-payers  to  reserve  their  groans 
for  a  tighter  pinch,  for  they  may  rest  assured  the  "  occasion  will  offer." 
Having  tasted  blood,  we  confess  we  like  it,  and  shall  call  for  more.  It  is  a 
delightful  circumstance,  this  being  legally  (and  therefore  honestly)  entitled 
to  put  our  hand  jn  our  neighbor's  pocket,  and  abstract  his  wealth  therefrom. 
No  matter  whether  it  is  acquired  on  his  part  by  luck  or  hard  labor,  it  counts 
the  same  to  us. 

This  year  we  commence  the  operation  by  taking  their  money  ostensibly 
to  establish  free  schools;  not  because  education  is  thereby  promoted,  but  for 
the  reason  that  it  forms  a  magnificent  hobby,  on  which  benevolent  green- 
horns can  ride  so  nicely.     Next  year  we  must  make  a  draft  to  clothe  our 


FREE  SCHOOLS  399 

children  and  render  their  appearance  at  school  respectable  —  the  next  that 
they  may  be  well  fed.  Philanthropy  will  no  longer  permit  that  the  good 
living  of  the  children  shall  be  in  any  manner  dependant  upon  the  industry 
of  the  parents,  excepting,  of  course,  the  children  of  aristocratic  property- 
holders.  Then  after  that  —  but  I  will  not  anticipate  farther.  Worthy  and 
benevolent  objects  will  present  themselves  as  long  as  the  money  holds  out. 

In  addition  to  the  direct  advantages  to  those  who  have  nothing,  and  are 
too  independent  to  work,  resulting  from  the  adoption  of  this  policy,  there 
will  be  incidental  benefits  of  no  slight  importance.  The  money  will  be  better. 
spent.  For  won't  we,  the  independent  people,  know  better  how  to  agreeably 
make  disbursements  (that  being  our  business)  than  can  those  whose  time 
is  employed  in  toil  and  labor. 

The  inordinate  desire  for  gain,  the  constant  struggle  to  amass  wealth,  is 
an  admitted  evil  of  great  magnitude.  We  will  apply  a  sovereign  remedy  to 
this,  by  removing  all  incentives  to  exertion  and  accumulation. 

We  will  thus  change  the  direction  of  the  golden  current,  and  hasten  on 
the  golden  age,  when  the  idle  and  the  thriftless  shall  be  supported  in  luxury, 
and  the  toiling  economist  be  made  to  exclaim  in  all  sincerity,  "  blessed  be 
nothing." 

People 
—  Rochester  Daily  Democrat,  August  20,  1850 

Free  Schools 

Messrs.  Editors  —  We  noticed  in  your  journal  of  August  20,  an  article 
signed  "  People,"  in  which  the  author,  without  presenting  any  arguments 
against  the  free  schools  system,  treated  its  advocates  and  doctrines  with 
that  ironical  "  nonchalance "  which  one  might  reasonably  suppose  would 
belong  to  the  "  huge-fisted  democracy  "  of  which  he  owns  himself  a  member. 
It  is  true,  that  this,  like  all  other  important  questions,  has  its  two  sides. 
Each  side  has  its  advocates  and  friends,  who  will  not  be  found  unwilling  to 
meet  their  opponents,  with  strong  reasons  for  the  grounds  which  they  occupy 
and  attempt  to  maintain.  But  in  this,  like  other  questions,  let  the  strongest 
reasoning  and  the  weightiest  arguments  prevail. 

If  the  opponents  of  free  schools  can  show  the  benefits  to  be  derived  from 
a  common  school  system  which  shall  be  wholly  individual  in  its  character, 
as  to  the  advantages  it  offers  for  educating  the  children  of  the  State,  to  be 
greater  than  a  system  which  secures  to  all,  irrespective  of  caste  or  condition, 
then  let  us  sec  them,  that  we  may  act  accordingly.  What  should  be  the 
objects  of  a  common  school?  To  educate  those  whose  purses  are  long 
enough  to  pay  for  it?  To  educate  the  rich  and  influential?  No!  these  are 
not  the  ones  who  need  the  common  school.  To  them  the  door  of  higher 
institutions  is  always  open,  and  the  hand  of  science  and  art  is  always  ready 
to  welcome.  But  to  those  less  affluent  and  to  the  extreme  poor,  is  the 
common  school  a  boon  of  no  small  value.  Nor  is  education  a  matter  wholly 
individual  and  personal. 

The  children  of  a  state  are  the  property  of  the  state,  and  as  such  should 
be  educated  to  subserve  the  interests  of  the  state.  The  parents  will  still 
find  enough  to  do  in  the  intellectual  and  moral  training  of  his  children, 
after  the  state  has  done  its  part    But  suppose  the  parents  happen  to  be  of 


400  THE  UNIVERSITY   OF  THE  STATE  OP  NEW  YORK 

that  class  (of  which  there  are  many)  who  entirely  neglect  the  culture,  moral 
and  mental,  of  their  children ;  but  who  by  their  precept  and  example  are 
constantly  exerting  an  example  directly  tending  to  make  them  members 
of  society  as  worthless  as  themselves.  What  then?  Why  the  children,  not 
the  authors  of  their  shame,  must  be  told  that  they,  having  had  the  mis- 
forune  to  be  born  under  an  inauspicious  star,  are  singled  out  from  their 
more  fortunate  neighbors,  and  branded  as  paupers,  to  be  educated  at  public 
expense,  and  jeered  at  by  their  associates  as  the  dependents  of  charity. 
Where  is  the  child  who  would  not  feel  the  shame,  whose  cheek  would  not 
burn  with  blushes  at  being  thus  exposed  a  victim  to  a  cruel  fate?  It  is  not 
the  parent  himself  who  alone  receives  the  benefit  in  the  education  of  his 
child,  especially  if  he  belongs  to  the  class  we  have  just  described.  He  can 
feel  no  paternal  pride  in  beholding  his  offspring  mount  the  ladder  of  success, 
while  he  is  unwilling  to  strain  a  nerve  to  aid  him  in  his  aspirings  for  knowl- 
edge and  the  means  of  usefulness.  Who  then  receives  the  benefit?  Is  it 
the  child?  If  so,  is  not  the  money  well  expended,  even  though  it  be  a  tax 
on  the  wealth  of  the  childless  lordling?  To  what  better  use  could  it  be 
applied? 

But  it  may  be  said  that  we  have  no  right  to  appropriate  the  property  of 
one  individual  to  the  direct  and  sole  benefit  of  another.  True ;  but  is  the 
education  of  the  pauper  child  his  own  exclusive  good?  Is  not  community, 
of  which  he  is  a  component  part,  likewise  benefited?  If  so,  then  the  taxed 
property  goes  to  benefit  the  people  at  large  —  the  State ;  and  it  is  on  this 
principle  that  all  taxation  is  founded.  Why  is  it  that  property  is  taxed  for 
the  erection  of  poorhouses  and  penitentiaries?  Is  it  alone  for  the  good  of 
their  occupants,  or  is  it  to  serve  the  interests  of  the  community  and  guard 
its  safety?  Which  is  the  best  philosophy  to  support  paupers  and  criminals 
at  a  public  charge,  and  leave  their  children  to  follow  in  their  footsteps  of 
sin  and  shame,  so  that  when  the  first  generation  shall  have  paid  the  penalty 
of  their  crimes,  a  second  may  be  prepared  to  fiH  their  places,  or  to  give 
their  children,  whose  minds  are  calling  for  "  light  more  light  still,"  the 
means  to  store  them  with  a  fund  of  useful  knowledge,  and  thus  prepare  them 
for  the  future  members  of  this  great  and  free  Republic.  Not  like  "  People  " 
with  his  "huge-fisted  democracy"  close  the  portals  to  wisdom,  and  let  the 
benighted  mind  grovel  on  till  at  last  it,  too,  finds  a  home  in  the  prison  or 
asylum — 'but  with  a  hand  of  true  benevolence,  prompted  by  a  heart  swelling 
with  noble  purposes,  open  the  gates  to  tlie  temple  of  knowledge  —  bid  the 
outcast  and  unfortunate  enter,  and  with  the  torch  of  truth  explore  its 
profoundest  depths. 

While  it  is  not  denied  that  the  "  free  school  act "  of  last  year  was  very 
defective  in  many  of  its  details,  which  might  be  amended  or  repealed,  it 
seems  to  us  that  no  sage  political  economist  or  true-hearted  philanthropist 
will  question  the  soundness  of  the  principle  of  free  schools.  Let  our 
common  schools  be  State  institutions  insomuch  as  the  general  diffusion  of 
knowledge  tends  to  diminish  the  the  expenses  of  the  State  by  the  enlight- 
ment  of  its  citizens,  and  like  other  institutions,  let  individual  wealth  bear 
its  "  pro  rata "  share  of  the  burden.  Then  will  come  that  "  golden  age " 
when  "  People "  with  the  "  toiling  economist "  will  say  "  blessed  are  all 
things."  E. 

—  Rochester  Daily  Democrat,  September   1850 


FREE  SCHOOLS  4OI 

Against  Free  Schools 

The  following  letter  in  opposition  to  free  schools  we  received  a  few  dajrs 
since,  and  cheerfully  give  publicity  to  the  same,  verbatim  et  literatim.  Its 
arguments  are  most  potent,  and  should  come  to  the  knowledge  and  under- 
standing of  every  voter  in  the  State  before  the  ides  of  November. 

Here  it  is : 

To  the  Edetor  of  the  Syracuse  Star: 

Dear  Sir: 
I  did  suppose  after  such  A  total  failour  to  git  A  Convention  on  the 
subject  of  free  schooles,  there  would  be  at  least  alittle  Relaxation  in  zeal 
on  your  part,  but  one  would  think  that  you  ware  weddid  to  the  presant 
unjust  Law,  and,  sir,  it  is  not  from  anavirtion  to  Free  Schools  in  the  tax- 
payors  that  I  expect  to  see  the  welth  in  mass  rise  and  show  to  the  law 
making  power,  that  they  had  better  try  Again  under  this  law,  if  a  mejoriety 
of  voters  happen  to  be  not  taxpayers,  then  they  will  blead  the  few  to  Death, 
and  perhaps  in  the  next  Destrict,  being  composed  of  difrant  Meterals, 
will  voate  the  least  posable  some,  thus  you  see  that  the  Law  is  unequal  in 
its  baring,  I  would  goe  A  Law  after  this  sort  and  amfulley  in  belief  that 
such  A  Law  would  receive  A  haretey  Approoval  at  the  Ballet  Box,  say  add 
to  the  presant  schoole  fund  the  united  states  Deposits  and  supply  the 
Defishancey  with  states  stockes  baring  6  or  7  purcent  to  Runfor  A  term 
of  years  say  25  and  those  Bonds  would  make  the  Basis  for  Banking  to  be 
secuered  or  paid  down  and  the  Money  invested  as  the  other  funds  are  and 
to  meet  the  yearley  intrest  on!  such  Bonds  and  levey  A  yearley  tax  on  the 
people  till  the  Revenew  of  the  Canal  has  Redeamed  itself  to  gather  with 
those  Bonds,  if  that  fails  then  resort  to  taxation  and  distribet  to  the  schooles 
under  the  olde  Law  under  such  a  just  Modosopperandi  all  would  approve. 

C.  W  . 

P.  S.     if  you  insert  this  correct  the  orthogerphy. 

—  Syracuse  Daily  Star,  August  2,  1850 

Free  School  Law  —  A  Fact 

At  the  annual  meeting  of  school  district  no.  14  in  Marcellus  and  Skanea- 
teles,  on  the  7th  inst.,  held  for  the  choice  of  district  officers,  and  to  provide 
for  the  support  of  schools  for  the  year,  at  which  an  unusually  large  number 
was  present,  the  meeting  was  called  to  order,  and  organized,  and  after  dis- 
cussing the  necessity  of  good  schools,  and  the  blessings  they  confer  on  our 
children  and  the  country,  and  the  oppressive,  unjust,  and  unequal  effects  of 
the  present  free  school  law  on  the  district, —  The  meeting  was  by  a  unanimous 
vote  adjourned  to  the  first  Monday  in  October,  1851,  without  choosing  an 
officer,  or  making  any  provision  for  a  public  school  —  choosing  rather  to 
keep  private  school  entirely  at  their  own  expense,  for  small  children  through 
the  summer,  (as  they  did  last  year)  and  send  the  larger  ones  out  of  the  dis- 
trict, as  they  may  be  able,  which  they  find  costs  them  only  about  half  as  much 
as  it  would  to  keep  a  public  "free  school"  eight  months  in  a  year,  under  the 
present  law. 

This  district  is  a  small  one,  and  because  we  are  so  unfortunate  as  not  to  be 
blest  with  many  children,  or  much  property,  we  are  virtually  deprived  of  any 
26 


402  THE  UNIVERSITY    OF   THE   STATE    OF    NEW   YORK 

school  for  our  poor,  after  paying  two  or  three  taxes  (town,  county  and 
state)  to  support  the  falsely  so-called  "free  schools"  in  the  state,  we  can 
well  afford  to  lose  all  that  for  the  benefit  of  others,  and  school  our  own  chil- 
dren at  our  own  private  expense  rather  than  maintain  a  free  school  under  this 
law,  while  schools  in  some  large  districts  are  fully  maintained  by  the  public 
money  which  has  been  paid  in  by  us  and  others.  Is  this  equality?  The  effect 
of  this  law  is  unjust  and  unequal,  and  we  protest  against  it.  We  hear  of 
many  other  districts  taking  the  same  or  a  similar  course,  to  avoid  the  unjust 
effects  of  this  law;  and  many  a  poor  child  in  the  state  will  be  deprived  of 
any  schooling,  after  paying  heavy  taxes  to  support  that  fraudulent  act,  with 
a  popular  name,  got  up  by  a  venal  Legislature,  to  gain  a  little  political  capital 
that  they  might  be  able  to  ride  that  hobby,  and  retain  their  ill-deserved  seats 
for  another  year.  The  popular  vote  given  for  that  act  last  year,  proves  the 
liberality  as  well  as  the  gullibility  of  the  people;  and  the  general  condemna- 
tion of  the  law  the  first  year,  as  shown  by  the  numerous  petitions  to  the 
Legislature  for  ii.<^.  repeal  or  amendment,  and  the  action  of  the  legislature 
upon  those  petitions,  prove  the  desire  of  the  people  to  get  rid  of  the  law 
and  cowardice  on  the  part  of  the  legislature,  in  sending  the  law,  unaltered, 
back  to  the  people  to  be  voted  on  again. 

A  Citizen  of  the  District 
—  Syracuse  Daily  Standard,  October  iz,  1850 

Relation  of  Education  to  Crime 

Mr  S.  S.  Randall  states  that  an  examination  of  the  official  returns  made  to 
the  Secretary  of  State  by  the  sheriffs  of  the  several  counties,  of  the  convic- 
tions had  in  the  several  courts  of  record  throughout  the  State,  and  in  the 
courts  of  special  sessions  in  the  respective  cities  from  the  year  1840  to  1848, 
both  inclusive,  comprising  a  period  of  nine  years,  gives  the  following  results: 
The  whole  number  of  persons  returned  as  having  been  convicted  of  crimes  in 
the  several  counties  and  cities  of  the  State,  during  the  period  referred  to, 
was  27,949;  of  these,  1132  were  returned  as  having  received  a  "  common  edu- 
cation," 414  as  having  a  "  tolerably  good  education,"  and  128  only  as  "  well 
educated."  Of  the  remaining  26,225,  about  half  were  able  merely  to  read 
and  write.  The  residue  were  destitute  of  any  education  whatever. —  Syra- 
cuse Daily  Standard,  July  4,  1850. 

The  Law  and  its  Operation 
Mr  W.  S.  Crandall,  a  member  of  the  free  school  committee,  and  editor  of 
the  Clarion,  in  order  to  defend  the  position  of  the  Syracuse  convention,  and 
to  repel  the  assertions  of  the  Son  of  New  England,  has  called  to  his  aid  Mr 
S.  S.  Randall,  with  his  statements  in  relation  to  the  education  of  state  con- 
victs, and  given  in  a  publication  in  the  Livingston  Union.  He  makes  out  that 
in  28,000  convicts,  only  about  1714  were  educated,  and  that  of  the  residue, 
26,225,  about  half  could  barely  read  and  write;  therefore,  no  objection  should 
be  made  against  the  new  law,  or  against  allowing  one  part  of  the  electors  to 
take  such  sum  of  money  as  they  please  from  their  neighbors,  under  pretences 
of  education;  and  as  conscientious  scruples  may  exist  as  to  the  justice  of 
such  a  course,  so  the  Syracuse  convention  wisely  provided  that  moral  and 


FREE   SCHOOLS  4O3 

religious  culture  had  nothing  to  do  with  free  school  education. —  This  official 
statement  says,  'about  half  these  26^25,  could  barely  read  and  write,'  and 
there  is  no  evidence  but  that  these  26,225  have  all  attended  our  schools;  they 
have  all  had  the  opportunity  of  attending,  either  our  common  schools,  or  the 
free  schools,  which  have  long  existed  in  our  cities,  free  school  advocates 
speak  of  children  attending  school,  and  call  it  education  when  nothing  but  a 
careless  attempt  at  teaching  is  made,  and  those  attempts  have  been  made 
without  instruction  or  learning.  There  are  many  children  now  to  be  found 
who  have  attended  school  for  six,  eight,  or  ten  years,  that  can  barely  read 
and  write.  That  crime  and  expenditure  of  money  had  taken  place,  as  stated 
in  No.  3,  I  had  the  proof  to  sustain  the  statement;  as  to  the  degeneracy  of 
most  of  the  common  schools,  I  furnished  that  proof  also,  as  given  in  the 
School  Journal.  I  retract  nothing  that  is  contained  in  No.  3  or  any  other 
No.  I  will  give  what  I  before  stated;  a  part  of  the  report  of  the  Rev.  Mr. 
Dunning,  chaplain  of  the  Mt  Pleasant  prison.     He  says,  Jan.  8,  1848, — 

"A  large  proportion  of  our  convicts  are  between  the  ages  of  sixteen  and 
twenty-five.  Many  of  these  were  detected  in,  and  punished  for,  their  first 
violation  of  the  laws;  others  had  progressed  farther  in  vicious  and  criminal 
courses,  tut  never,  till  within  the  prison's  walls,  had  stopped  for  reflection. 
Many  of  this  class  are  well  educated,  and  belong  to  highly  respectable  fami- 
lies. 

(Signed)  Halsey  Dunning 

"  Chaplain,  Src." 

Extract  from  the  last  message  of  Gov.  Seward 

"According  to  reports  at  the  State  Department,  there  have  been  four 
hundred  and  ninety-seven  convictions  of  felons,  including  six  capital  cases, 
and  about  four  thousand  convictions  of  misdemeanors  and  minor  offences, 
showing  an  increase  of  greater  proportion.  .  .  .  Although  more  than  four 
thousand  persons  are  annually  confined  in  our  county  jails.  Those  peniten- 
tiaries often  exhibit  scenes  revolting  to  humanity,  and  many  a  youthful 
prisoner,  instead  of  being  subjected  to  a  salutary  discipline,  becomes  more 
depraved.  I  indulge  a  hope  that  this  interesting  subject,  so  often  fruitlessly 
submitted  to  the  Legislature,  will  receive  your  enlightened  consideration." 

Extract  from  the  last  Message  of  Governor  Fish 

"  The  Western  House  of  Refuge  for  Juvenile  Delinquents  was  in  readiness 
in  August  last  for  the  reception  of  persons  committed  thereto.  I  made  an 
order,  designating  the  counties  which  send  juvenile  delinquents  to  this 
house;  it  has  now  thirty-one  inmates.  The  building,  as  now  completed, 
affords  accommodation  for  one  hundred;  three  more  wings  can  be  added  — 
each  can  accommodate  one  hundred  inmates.  ...  It  will  be  seen  from  the 
rapidity  with  which  the  house  is  filling  up,  that  its  capacity  will  soon  be 
exhausted,  and  another  wing  will  be  required,  the  cost  of  which  will  be  ten 
or  twelve  thousand  dollars.  The  past  summer,  the  male  department  of  the 
House  of  Refuge  in  the  city  of  New  York,  has  become  so  crowded,  that  its 
managers  issued  a  notice  that  no  more  boys  could  be  received.  The  whole 
number  of  children  received  in  this  house  from  its  establishment  to  December 
12,  1849,  was  4690.  At  the  latter  date,  there  were  334  in  the  house;  without 
more  extensive  accommodations,  this  number  is  larger  than  is  consistent  with 


404  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

a  proper  classification  of  the  children,  which  is  necessary  for  reformation, 
rather  than  punishment  of  crime,  from  which  parental  influence  and  good 
advice,  kindly  administered,  might  have  restrained  them.  Should  the  Legis- 
lature determine  to  enlarge  the  Western  House  of  Refuge,  it  will  be  advisable 
to  transfer  to  that  establishment  from  New  York." 

I  will  give  one  more  extract  from  the  Message  of  Governor  Seward.  "  It 
will  be  shown  to  you  that  20,000  children  in  the  city  of  New  York,  of  suitable 
age,  are  not  at  all  instructed  in  the  public  schools,  while  the  whole  number  in 
all  the  residue  of  the  State,  not  taught  in  common  schools,  does  not  exceed 
9000.  ...  In  our  general  system,  trustees  chosen  by  tax-paying  citizens, 
levy  taxes,  build  houses,  employ  and  pay  teachers,  govern  schools.  .  .  . 
In  the  public  school  system  of  the  city,  100  are  trustees  and  instructors,  and 
by  continued  consent  of  the  common  councils,  are  the  dispensers  of  35,000 
dollars  school  fund  of  the  State,  and  $95,000  derived  from  tax  upon  real  and 
personal  estates  of  the  city.  They  build  houses,  appoint  and  remove  teach- 
ers, fix  their  compensation,  and  prescribe  the  moral,  religious,  and  intellec- 
tual instruction,  their  powers  are  effective  and  far-reaching,  and  are  not  de- 
rived from  the  community  whose  children  are  educated,  and  whose  property 
is  taxed,  and  who  hold  in  fee  the  public  school  edifices,  valued  at  $800,000. 
As  neglected  children  of  both  sexes,  w'ho  are  found  in  hordes  upon  the 
wharfs  and  in  corners  of  the  streets,  surrounded  by  evil  associates,  disturbing 
the  public  peace,  committing  petty  depredations,  and  going  from  bad  to  worse, 
until  their  course  terminates  in  high  crimes  and  infamy;  such  presentment 
was  made  by  a  grand  jury  on  a  recent  occasion." 

Such  is  an  official  statement  of  the  condition  of  the  free  schools  of  the  city 
of  New  York,  and  a  picture  of  what  they  will  be  throughout  the  State,  under 
the  present  law,  where  the  parent  is  suspended  from  the  supervision  and 
responsibility  of  educating  his  children,  his  parental  affection  becomes  sub- 
verted, and  the  child  is  left  in  a  state  of  orphanage.  By  a  reference  to  the 
State  Legislation  at  the  last  session,  to  provide  prisons  for  the  rapid  accumu- 
lation of  juvenile  delinquents,  we  find  12,000  dollars  appropriated  to  erect 
another  wing  to  the  Western  House  of  Refuge,  sufficient  for  100  dehnquents. 
For  the  support  of  the  Society  for  the  Reformation  of  Juvenile  Delinquents 
of  New  York  City,  8000  dollars. 

To  each  of  the  threje  Dispensaries  (under  state  charters)  for  delinquents 
each,  $500 

To  enlarge  the  Clinton  Prison,  $20,000 

For  Sing  Sing  Prison,  $9000.  For  Croton  water,  $4000.  For  building 
work-shop,  $20,000. 

For  the  Orphan  Asylum  of  Prince  Street,  $5000. 

For  a  new  penitentiary  in  Onondaga,  for  offences  under  felony,  juvenile 
delinquents  under  16  years  of  age,  for  disorderly  persons  by  order  of  jus- 
tices of  the  peace. 

The  foregoing  sketch  of  the  moral  condition  of  the  youth  of  our  State, 
especially  in  New  York  City,  where  free  schools  have  existed  for  more  than 
30  years,  and  under  the  heavy  taxation  that  has  been  imposed  upon  the  people 
of  this  State  since  1815,  together  with  the  large  state  funds  in  aid  of  schools, 
shows  that  neither  the  morals  of  the  people  of  the  State,  nor  the  habits  of 
our  youth  are  improved  since  1815.     Before  that  time  schools  were  supported 


FREE   SCHOOLS  4O5 

wholly  by  voluntary  contribution;  with  this  exposition,  the  two  systems  and 
their  effects  can  be  contrasted;  having  seen  the  operation  of  both,  we  can 
safely  judge  of  them.  The  comparison  of  the  state  of  crime  in  article  no  3, 
between  the  rural  counties  and  those  densely  populated,  shows  a  far  better 
state  of  morals  in  the  rural  countries  and  the  deportment,  regulation  and 
progress  of  these  schools  are  also  in  much  bet,ter  condition,  which  can  readily 
be  ascribed  to  the  feeble  state  of  the  districts  requiring  the  special  care  and 
attention  of  the  parents;  as  it  cost  them  more  they  made  it  worth  more  too. 
—  In  this  age  of  experiments  it  appears  that  the  editor  of  the  Clarion  has 
taken  a  position  which  he  no  doubt  expects  to  distinguish  himself  under  his 
insignia  of  popular  education ;  he  says  he  is  delighted  to  see  opposers  of  the 
new  school  express  their  aristocratic  sentiments.  When  I  resist  your  at- 
tempts to  plunder  my  pockets  and  apply  the  booty  to  your  own  indefinite 
term  of  popular  education,  and  repudiate  the  doctrine  of  applying  it  to  culti- 
vate the  moral  sense  or  to  religious  culture,  call  me  by  any  name  you  please 
that  is  not  characteristic  of  your  doctrine.  If  the  common  courts  continue 
and  you  get  a  majority  of  the  electors  to  support  the  law  and  it  should  be 
as  operative  in  Syracuse  as  free  schools  are  in  New  York,  perhaps  your  peni- 
tentiary would  get  a  large  share  of  inmates.  As  example  has  strong  influence 
it  may  occur  that  rooms  may  be  wanted  in  the  state  building  at  Onondaga  for 
some  of  our  lads  for  while  the  fathers  are  voting  money  out  of  their  neigh- 
bors pocket  to  school  the  boys,  they  are  inventing  keys  and  have  obtained 
access  to  many  of  the  desks  and  stores  of  a  certain  village  in  Livingstone 
county. 

On  examination  of  the  juvenile  penitentiary  of  this  State,  it  does  appear 
that  in  early  life,  no  business  industrious  employment,  had  been  required  of 
them  by  their  parents;  and  if  sent  to  school,  were  left  to  the  chances  of. their 
own  inclinations,  whether  to  apply  themselves  to  study,  or  to  join  in  the 
vicious  examples  of  most  children  in  populous  places.  Go  to  the  House  of 
Refuge  —  examine  the  early  habits  of  the  Youth !  All  were  addicted  to 
profanity  —  all  but  one  using  tobacco, —  most  of  them  to  intemperance,  and 
all  of  them  unrestrained  by  parental  influence.  It  is  found  that  the  youth 
strictly  educated  to  industry,  and  kept  in  the  retirements  of  life,  and  wholly 
dependent  on  private  education,  however  limited,  are  seldom,  if  ever,  found 
in  a  penitentiary.  The  brute  recognizes  the  law  of  nature,  they  feed  and 
protect  their  young  until  they  come  to  maturity;  and  shall  man  throw  off 
natural  affection,  and  give  over  to  the  State  those  whom  God  hath  given  him, 
or  abandon  them  to  the  vices  of  unrestrained  nature ! 

I  would  suggest  a  subject  of  inquiry  for  the  Clarion  editor,  and  wish  his 
answer. —  What  has  occasioned  that  state  of  morals  in  Onondaga  that  re- 
quires a  penitentiary  to  take  charge  of  children  under  16,  and  whether  the 
town  of  Marcellus,  or  any  part  of  that  county,  still  retains  the  principles, 
habits,  and  morals  of  their  first  settlers,— such  as  Judge  Bradley,  Drs  Beach 
and  Chapman,  Deacon  Rice,  Mrs  Bellamy,  Smith,  Tarl,  Lawrence,  and 
others  of  their  associates  —  and  did  they  maintain  schools,  morality  and  reli- 
gion? 

So  far  as  the  principle  of  the  free  school  law  has  gone  into  effect  in  the 
country,  especially  in  some  of  the  more  populous  places,  we  find  their  morals, 
being  neglected  by  parents,  soon  partake  of  the  character  of  the  children  of 


^06  THE   UNIVERSITY    OF   THE   STATE   OF   NEW    YORK 

the  city  of  New  York  where  grand  jurors  present  them  as  public  nuisances, 
notwithstanding  free  schools  have  existed  there  for  30  years. 

A  Son  of  New  England 
—  Rochester  Daily  Advertiser,  October  8,  1850 

The  Free  School  Act 

A  case  has  recently  been  decided  by  Judge  Shankland,  in  the  Supreme 
Court  of  the  State,  which  is  of  some  considerable  importance.  It  was  that 
of  Henry  D.  Bartoo  vs.  David  W.  Himrod,  and  others,  school  trustees,  in 
Tompkins  county.  The  action  was  brought  for  taking  and  selling  property 
under  a  warrant  issued  by  virtue  of  the  provisions  of  what  is  called  the  new 
school  law.  A  special  verdict  was  taken  by  the  plaintiff  at  tlie  last  Tompkins 
circuit,  held  by  Hon,  W.  H.  Shankland,  and  the  question  of  the  constitution- 
ality of  the  law  reserved.  He  has  now  directed  a  judgment  for  the  plaintiff 
for  the  following  reasons : 

I  base  my  decision  of  this  cause  on  the  broad  ground  that  the  act  establish- 
ing free  schools  throughout  the  State,  passed  March  26,  1849,  is  unconstitu- 
tional; because  instead  of  the  Legislature  passing  the  law  definitely  them- 
selves, they  have  attempted  to  delegate  their  constitutional  power  in  this  re- 
spect to  the  people  in  their  primary  assemblies.  The  loth  and  14th  sections 
of  the  act  expressly  refers  the  question,  whether  the  act  becomes  a  law  or 
not,  to  the  people  at  the  polls. 

The  reasons  why  this  can  not  be  constitutionally  done  are  fully  given  in 
the  case  of  Parker  vs.  the  Commonwealth,  6  Barr,  Rep.  515-16,  the  reason- 
ing in  which  case,  so  far  is  applicable  to  this  case,  and  fully  approved. —  5m/- 
falo  Commercial  Advertiser,  October  21,  1850. 

Free  Schools 

We  hope  the  jnajority  sustaining  the  free  schools,  will  be  found  satisfac- 
tory to  the  Legislature  soon  to  assemble,  and  to  the  people  of  the  State  even 
though  it  may  fall  short  of  100,000.  The  great  principle  being  now  settled, 
the  law  is  open  for  amendment.  The  objectionable  features  of  it,  and  we 
have  always  thought  there  were  such,  may  be  so  altered  as  to  become  accept- 
able to  every  liberalized  sane  man  who  has  property  to  be  protected,  or  chil- 
dren to  be  educated. 

We  have  all  along  seen  that  the  hastily  drawn,  and  ill  devised  provisions 
of  tlie  law  were  in  many  respects  objectionable;  and  the  premature  way  in 
which  it  was  sprung,  'by  its  enemies,  upon  the  people,  before  the  necessary 
means  were  procured  for  carrying  out  its  details,  jeopardized  the  popularity 
and  stability  of  the  whole  system.  Our  fears  were  that  the  whole  matter 
had  become  so  essentially  mystified,  that  the  people  would  in  disgust  or  in 
despair,  abandon  the  whole  matter. 

Before  the  election  we  felt  assured  that  a  vast  majority  of  the  people  of 
this  State  were  in  favor  of  Free  Schools,  that  they  sincerely  desired  that  the 
whole  people  might  be  educated  and  qualified  for  citizenship.  Yet  still  there 
was  a  lingering  fear  in  our  mind  that  the  whole  subject  was  getting  so  beset 
with  collateral  issues  as  to  endanger  the  great  principle  of  the  freedom  of 
knowledce.    We  reioice  that  that  matter  is  now  settled.     While  the  people 


FREE   SCHOOLS  407 

have  almost  with  one  voice  agreed  that  the  present  law  is  imperfect  and 
unequal  in  its  provisions,  yet  they  would  rather  take  it  with  its  radicable 
evils  than  to  run  the  risk  of  placing  themselves  in  a  false  position  because  of 
these  feelings  of  opposition  to  curable  faults. 

We  congratulate  the  good  people  of  the  State  upon  these  decisions.  And 
we  pray  the  legislature  that  they  correct  the  errors  in  the  law,  making  it  a 
subject  of  prominent  interest  to  see  that  provisions  are  made  to  educate,  in 
all  the  common  school  branches,  every  child  in  the  State. —  Journal  of  Edu- 
cation, December  J,  1850. 

Free  Schools 

We  copy  today,  by  request,  and  with  pleasure,  the  view  of  an  esteemed  and 
sound  democratic  farmer  of  western  New  York,  on  a  subject  of  the  free- 
school  law  —  which  is  again  to  be  submitted  to  the  people  at  the  next  elec- 
tion. 

His  objections  to  the  law,  it  will  be  seen,  are  not  and  do  not  apply  to  the 
principle  itself  —  but  to  the  inequality  which  it  bears  upon  localities,  under 
the  present  system  of  assessment  and  taxation.  It,  in  fact,  brings  home,  by 
familiar  illustrations,  a  truth  which  has  been  long  left,  that  our  system  of 
taxation  is  unequal  and  requires  thorough  revision  and  amendment.  The 
free-school  principle,  in  itself,  finds  few,  if  any,  opponents.  In  carrying 
out  this  principle,  recourse  was  necessarily  had  to  the  present  system  of 
taxation,  and  it  may  be  said  with  truth  that  the  only  opposition  which  the 
principle  has  ever  met  with,  has  grown  out  of  its  connection  with  a  system  of 
assessment  which  however  equal  in  theory,  experience  has  shown  to  be  prac- 
tically the  reverse. 

That  this  was  the  real  difficulty,  was  apparent  enough  at  the  last  session  of 
the  legislature.  The  discussions  show  very  clearly,  that  it  would  be  idle  to 
attempt  the  establishment  of  Free  Schools,  with  the  prospect  of  permanency 
and  the  public  acquiescence,  until  some  plan  should  be  devised  and  put  in 
operation  which  shall  distribute  the  burthen  equally  over  the  property  of 
the  state.  And  hence  the  effort,  long  continued  and  perserveringly  pressed,  by 
the  friends  of  free  schools,  in  advance  of  any  action  on  the  existing  school 
law,  to  equalize  taxation. 

This  effort  having  proved  abortive,  the  efforts  to  amend  the  law  failed 
also.  It  was  finally  determined  to  resubmit  the  question  to  the  people;  and 
it  goes  again  to  that  tribunal,  unfortunately  for  the  principle,  as  we  think, 
connected  with  a  system  of  taxation  which  is  the  subject  of  general  discon- 
tent. How  far  this  connection  of  a  popular  with  an  unpopular  principle, 
will  operate  to  embarrass  the  former,  is  obvious  from  the  strictures  on  the 
latter  which  we  copy.  They  are  entitled,  from  their  source,  as  well  as  from 
their  temperate  manner,  to  consideration,  and  will  no  doubt  receive  it  at 
the  hands  of  the  farming  population  to  whom  and  for  whom  he  has  a  right 
to  speak. —  Albany  Argus  {editorial),  July  29,  1850. 

The  School  Law 

(From  the  Batavia  Spirit  of  the  Times) 

By  an  act  passed  last  winter,  the  electors  of  the  State  are  again  required 

to  vote  for  or  against  the  new  school  law.    I  did  not  vote  upon  the  question 

at  the  last  election,  because  I  did  then  and  still  do  deny  the  power  of  the 


408  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

Legislature  to  throw  back  upon  its  constituency  the  du;ties  of  the  legislation. 
By  the  constitution  the  powers  of  the  legislation  are  exclusively  vested  in 
the  Legislature,  with  the  exception  of  the  power  to  create  a  debt  in  certain 
cases  and  the  required  vote  of  the  people  on  proposed  amendments  of  the 
constitution.  The  members  of  the  Legislature  in  the  Senate  and  Assembly 
convened,  are  the  agents  of  the  people,  assembled  to  perform  their  duty 
under  the  constitution.  I  contend  that  they  have  no  right  to  flinch  from 
the  responsibilities  of  their  station  —  to  throw  back  upon  their  principals, 
the  people,  the  duties  which  they  have  undertaken  to  perform  and  are  paid 
for  performing. 

This  act  of  the  Legislature  should  not  be  countenanced  as  a  precedent. 
If  followed  hereafter,  it  may  be  productive  of  much  evil  —  instead  of 
having  one  law  referred  to  us  at  each  election  hereafter,  we  may  have 
twenty.  It  is  easy  to  see  the  social  discord,  confusion  and  anarchy  that 
the  practice  of  transferring  legislation  to  the  people  under  this  precedent, 
would,  in  a  short  time  produce. 

Again  —  the  constitution  declares  that  a  majority  of  the  members  of  the 
Legislature  elected,  (not  of  the  quorum  voting,)  shall  be  necessary  to  the 
passage  of  any  law.  Upon  this  principle  that  the  majority  shall  rule,  a 
majority  of  all  of  the  voters  residing  in  the  States  and  not  of  those  who 
may  come  to  the  polls  and  vote,  should  be  required  to  sanction  the  present 
law.  If  vitality  is  given  to  the  present  law  by  the  act  of  the  people  and  not 
of  the  Legislature,  then  I  assert  that  a  majority  of  the  whole  people 
entitled  to  vote,  whether  if  they  vote  or  not,  should  be  required,  to  render 
the  law  valid  and  morally  binding  upon  the  whole  people  of  the  State. 

But  it  was  not  my  intention  when  I  commenced  this  article  to  say  any- 
thing upon  the  subject  of  this  novel  course  of  legislation.  I  may  refer  to 
it  again  in  a  subsequent  article. 

The  law  submitted  declares  two  principles  —  first,  that  schools  shall  be 
free.  Second,  it  prescribes  a  principle  or  plan  of  taxation  for  their  sup- 
port, exceedingly  unequal  and  oppressive  in  its  operation,  and  the  elector 
is  forced  to  vote  for  or  against  the  whole  law.  If  he  resides  in  a  farming 
community  and  is  honestly  in  favor  of  free  schools  he  cannot  go  for  this 
principle  without  putting  his  neck  in  a  yoke,  which,  upon  the  least  reflection, 
no  man  of  spirit  and  intelligence,  would  for  one  moment  consent  to  wear. 

The  injustice  of  the  law,  after  one  year's  experience  under  it,  is  so  gen- 
erally known,  that  I  need  say  little  in  regard  to  its  operation.  It  is  well 
understood  that  it  bears  heavily  upon  the  agricultural  towns  as  compared 
with  cities  and  villages.  It  is  everjrwhere  unequal  and  unjust.  In  a  village 
near  me  is  a  school  district  in  which  are  located  three  banks  and  a  section 
of  a  railroad.  The  amount  of  taxable  property  in  this  district  is,  say  one 
million  of  dollars  —  in  an  adjoining  district  the  amount  of  taxable  property 
is  about  one-tenth  of  that  sum.  In  the  same  town  are  two  adjoining  dis- 
tricts. In  the  one  are  say  fifty  scholars  and  $80,000  taxable  property; 
and  in  the  other  twenty-five  scholars  and  $40,000  taxable  property.  The 
inhabitants  of  the  latter  district  with  half  the  means  of  the  former,  are 
subject  to   the   same  yearly  expenses   for  maintaining  a   school. 

These  are  not  singular  instances  of  the  inequality  produced  by  this  law, 
but  similar  instances  I  venture  to  affirm  may  be  found  in  every  town  in  the 
State. 


FREE    SCHOOLS  4O9 

This  school  law  seems  to  have  been  framed  in  analogy  to  the  poor  laws 
of  Great  Britain,  and  for  a  long  period  adopted  in  this  country,  and  which 
require  the  parishes  and  towns  to  support  their  own  poor. 

I  shall  not  stop  here  to  discuss  the  injustice  of  these  poor  laws.  Even 
if  they  could  be  relied  on  as  a  precedent  for  the  new  school  law.  It  is 
well  known  that  after  the  revolution  in  the  hurry  to  settle  the  new  govern- 
ment we  adopted  many  of  the  unequal  and  unjust  laws  of  England,  laws 
originally  made  under  the  most  despotic  kings  of  that  country,  and  main- 
tained by  the  aristocracy  through  a  long  course  of  years  for  the  purpose  of 
reheving  the  wealthy  and  noble  of  the  land  from  the  taxes  and  burthens  of 
the  government.  Our  forefathers  adopted  these  laws  from  necessity  and 
for  the  present,  very  much  as  our  puritanical  forefathers  adopted  the 
laws  of  God  —  until  they  had  time  to  make  better. 

But  there  is  no  just  analogy  between  these  poor  laws  and  the  school  law, 
excepting  so  far  as  to  require  the  towns  and  districts  to  educate  in  their 
schools  the  children  of  the  poor,  and  a  provision  to  this  effect  has  always 
been  contained  in  our  school  law.  But  when  the  State  commands  that  all 
its  children,  the  rich  as  well  as  the  poor  shall  be  educated,  it  is  just  that 
the  tax  for  that  purpose  should  be  a  charge  upon  all  the  taxable  property  of 
the  State,  as  much  as  the  expenses  for  arming  and  training  the  militia,  or 
for  any  other  general  object. 

Shall  we  vote  for  this  law  under  the  impression  that  the  Legislature  will, 
hereafter,  amend  it  and  make  it  more  just  and  equitable?  Let  us  not 
deceive  ourselves  on  this  score.  The  history  of  the  law  so  far,  although 
short,  is  instructive.  Many  thousands  undoubtedly,  voted  for  this  law  at  the 
last  election,  under  the  expectation  that  the  Legislature,  at  its  next  session 
would  amend  it.  But  what  was  the  result?  The  proposition  to  graduate 
the  tax  for  the  support  of  free  schools  upon  the  whole  property  of  the 
State,  was  distinctly  submitted  in  the  assembly  by  Mr.  Burroughs,  a  member 
from  the  county  of  Orleans,  and  enforced  with  much  spirit  and  ability,  but 
that  body  refused  to  entertain  the  proposition.  It  was  opposed  by  members 
from  the  large  towns,  and  I  believe  by  the  whole  delegation  from  the  city 
of  New  York.  That  great  city  will  not  consent  that  her  taxable  property 
amounting  to  nearly  three  hundred  millions  of  dollars,  should  go  into  a 
common  fund,  with  the  other  taxable  property  of  the  State,  for  the  pur- 
pose of  educating  all  the  children  of  the  State. 

It  was  said  by  Mr.  Jefferson  that  great  cities  were  great  sores  upon  the 
body  corporate.  That  all  cities  and  villages  are  so  to  a  certain  extent,  can- 
not be  denied.  They  are  like  civil  government  itself  —  necessary  evils.  I 
certainly  do  not  wish  to  excite  a  prejudice  on  the  part  of  the  country,  against 
cities  and  villages.  But  I  wish  to  say,  distinctly,  to  the  laboring  farmers  in 
the  rural  districts  of  the  state,  that,  in  my  judgment,  it  will  be  a  long  time 
before  we  shall  obtain  any  important  amendment  of  this  school  law  should 
it  again  be  sanctioned  by  the  popular  vote. 

Communities  of  men  as  well  as  individuals,  are  very  apt  to  regard  their 
own  interests  when  taxes  are  assessed  by  the  State.  That  the  present  school 
law  favors  the  capitalists  who  mostly  congregate  in  the  cities  and  villages  at 
the  expense  of  the  farming  community,  is  evident.  The  law  is  favorable  to 
them,  and  their  combined  opposition  to  any  future  amendment  may  be 
expected. 


410  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

Associated  wealth,  it  has  been  said  by  some,  is  the  dynasty  of  modern 
states.  The  truth  of  this  saying  is  fully  exemplified  in  the  history  and  pres- 
ent condition  of  the  civil  governments  on  the  other  side  of  the  Atlantic.  It 
remains  to  be  seen  whether  the  same  influence  shall  dictate  to  us  and  control 
the  destinies  of  this  country. 

The  national  government,  we  expect,  will  continue  its  indirect  and  unequal 
system  of  taxation,  but  under  the  state  administration  we  have  been  led  to 
hope  that  the  burthens  of  government  would  be  more  justly  distributed. 

There  are  doubtless  many  in  the  state  who  will  vote  for  this  school  law 
with  a  proviso,  that  is,  provided  the  legislature  will  hereafter  amend  it  as 
proposed  by  Mr  Burroughs  last  winter.  But,  I  repeat,  let  no  one  be  deceived 
with  the  expectation  of  any  such  amendment.  We  shall  be  told,  by  those 
whose  interest  it  is  to  maintain  the  present  law,  that  it  has  been  twice  sanc- 
tioned by  the  approval  of  the  people,  and  that  the  legislature  have  really  no 
more  power  than  they  would  have  over  a  fundamental  law  or  amendment  of 
the  constitution  which  has  been  thus  sanctioned.  With  what  propriety  can 
we  again  be  asked  to  vote  for  this  law,  with  the  prospect  of  an  amendment, 
when  the  last  act  of  the  Legislature  before  sending  the  law  to  us  a  second 
time,  was,  to  refuse  the  very  amendment.  If  the  legislature  really  desire  the 
vote  of  the  people  on  free  schools  why  did  they  not  submit  that  distinct 
proposition  only? 

I  conclude,  therefore,  that  the  only  proper  and  safe  course,  at  the  next 
election,  will  be  to  vote  against  this  law,  and  let  our  agents  or  servants  in 
the  Legislature  understand  that  if  they  want  us  to  assume  the  responsibility 
of  legislation  for  them  that  they  have  —  the  privilege  of  voting  upon  distinct 
propositions,  separately  —  that  they  shall  not  be  allowed  to  compel  us  to  vote 
for  a  bad  law  in  the  whole,  for  the  privileging  of  approving  one  good  prin- 
ciple contained  in  it. 

The  proposition  is  insulting.  It  proceeds  upon  the  idea  of  the  hobby  rid- 
ing demigogue  that  the  people,  like  children,  will  swallow  almost  anything, 
if  some  sweet  or  pleasant  thing  is  mixed  with  it. 

I  have  ever  considered  a  just  and  equal  system  of  taxation  in  a  free  coun- 
try—  a  system  carefully  graduated  upon  capital  and  not  upon  labor,  as  more 
important  to  the  cause  of  freedom  and  humanity  than  any  other  consider- 
ation.   The  subject  should  command  our  increasing  vigilance. 

A  Farmer 
—  Albany  Argus,  August  2,  185c 

Free  School  Principle 

To  the  Editors  of  the  Argus: 

I  have  just  risen  from  the  perusal  of  an  article  in  your  paper  of  Monday 
last,  from  the  Batavia  "  Spirit  of  the  Times,"  in  favor  of  the  unconditional 
repeal  of  the  existing  free  school  law,  and  which  purports  to  express,  and 
I  doubt  not,  does  express  the  views  of  an  esteemed  and  sound  democratic 
farmer  of  western  New  York,  on  this  subject.  Believing,  as  I  do  that  many 
of  the  positions  assumed  in  that  article  are  untenable  and  unsound  and  that 
the  conclusions  of  the  writer  are  unwise  and  unjust,  I  respectfully  ask  the 
favor  of  a  small  space  in  your  columns  for  the  purpose  of  pointing  out  what 
I  deem  to  be  the  radical  defects  of  the  reasoning  employed,  and  the  infer- 
ences deduced. 


FREE   SCHOOLS  4II 

I  cheerfully  concur  with  the  writer  of  the  article  in  question,  in  his  view 
relative  to  the  inexpediency  and  impropriety,  if  not  the  unconstitutionaUty 
of  thus  calling  upon  the  people,  in  mass,  to  sanction  or  repudiate  a  law.  I 
will  not  say  that  a  law  thus  sanctioned  is  of  no  validity.  Such  a  declaration 
can  properly  emanate  only  from  our  highest  judicial  tribunal.  But  in  my 
judgment,  this  mode  of  legislation  could  never  have  been  contemplated  by 
the  framers  of  our  constitution;  and  its  only  effect  is  to  transfer  the  legis- 
lative power  and  authority  from  the  arena  properly  and  specifically  assigned 
to  another  and  quite  incongruous  tribunal.  I  regret  that  the  precedent 
should  ever  have  been  established;  and  sincerely  trust  that  the  present  will 
be  the  last  occasion  we  shall  have  for  its  use.  As  to  the  majority  requisite 
to  give  validity  to  the  popular  expression  in  a  case  of  this  kind,  I  do  not 
know  that  we  are  justifiable  in  laying  down  any  positive  rules.  A  majority 
of  all  those  voting  may,  perhaps,  fairly  be  regarded  as  sufficient  for  this 
purpose. 

But  to  the  merits  of  the  question  before  us.  I  understand  the  writer  of  the 
article  under  review,  to  occupy  a  position  antagonistical  to  the  existing  law, 
and  not  to  the  principle  of  free  schools;  and  the  whole  drift  of  his  argument 
is  to  the  effect  that  the  friends  of  this  great  principle  have  no  assurance,  and 
can  have  none,  that  a  verdict  against  the  repeal  of  the  present  law,  will 
secure  the  adoption  of  such  amendments  and  modifications  of  that  law  as 
will  serve  to  render  its  provisions  generally  acceptable  to  the  people.  It 
strikes  me  on  the  other  hand,  that  they  have  the  strongest  possible  assurances 
of  which  the  case  will  admit. 

The  details  of  the  present  law  are  universally  condemned.  I  do  not  know 
of  a  single  individual  who  desires  to  retain  it,  as  a  whole,  upon  the  statute 
book  for  a  single  hour  after  a  meeting  of  the  legislature.  It  is  defective  in 
many  very  important  respects :  and  none  more  pertinaciously  urged  upon  the 
last  legislature,  the  duty  of  amending  it  in  these  respects  than  the  most  active 
and  efficient  friends  of  the  principle  contained  in  the  first  section.  We  are 
all,  therefore,  agreed  upon  this  point;  and  if  the  only  question  to  be  deter- 
mined by  the  electors  at  the  polls  was,  whether  this  law,  as  it  is,  should 
stand  or  fall,  I  apprehend  there  would  be  very  little  difference  of  opinion. 
The  representatives  of  every  assembly  district  in  the  state  cannot  therefore 
if  they  would,  mistake  the  will  of  their  constituents  in  this  respect.  And  if 
those  constituents  prefer  any  particular  mode  in  which  this  obnoxious  law 
should  be  amended,  they  have  only  to  indicate  their  will,  and  if  necessary, 
require  pledges  in  advance  from  the  candidates  at  the  polls. 

But  what  will  be  the  effect  of  a  repeal  of  the  existing  law,  as  a  whole? 
Does  "A  Farmer  "  suppose  for  one  moment  that  a  law  embodying  the  prin- 
ciple of  free  schools,  would,  in  that  event,  be  likely  to  pass  either  the  present, 
or  any  succeeding  legislation,  for  a  quarter  of  a  century  to  come?  I  venture 
to  say  there  is  not  an  intelligent  individual  in  the  state,  who  entertains  such 
an  idea.  The  rejection  of  the  present  law,  imperfect  and  highly  objectional 
as  it  is,  insures  therefore,  the  total  defeat  of  the  free  school  principle,  beyond 
the  hope  of  resurrection ;  while  its  renewed  sanction  'by  the  people  recogniz- 
ing and  preserving  the  principle  leaves  it  open  to  such  amendments  and  modi- 
fications as  shall  be  demanded  by  public  sentiment  from  every  section  of  the 
state. 

It  is  not  the  fault  of  the  friends  of  free  schools  that  so  embarrassing  an 
issue  has  been   forced  upon  them.    They  demanded   distinct  and   specific 


412  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

amendments  to  the  act  of  1849;  the  assembly  by  a  heavy  and  strong  vote 
adopted  these  amendments ;  the  Senate  laid  them  upon  their  table ;  and  at  the 
close  of  the  session,  the  two  houses,  being  unable  to  agree,  determined,  in 
the  absence  of  a  single  petition  to  that  eflfect,  and  directly  in  disregard  of 
public  sentiment  strongly  expressed  to  resubmit  the  present  law.  The  people 
literally  asked  for  -bread  and  the  legislature  gave  them  stones! 

Now  what,  under  such  circumstances  is  the  plain  path  of  duty  for  the 
friends  of  education  and  free  schools?  Shall  they,  after  years  of  toiling, 
patient,  earnest  effort  to  secure  the  recognition  and  adoption  of  this  great 
measure,  and  when  success  is  already  fairly  within  their  grasp,  turn  their 
back  upon  the  cherished  object  of  their  labor,  simply  because  it  is  not  in  all 
respects  what  they  would  have  it;  or  shall  they  fix  their  regards  firmly  and 
unwaveringly  upon  the  Principle,  and  determine  to  sustain  and  perpetuate 
that,  at  all  hazards?  If  this  can  only  be  accomplished  by  sustaining  the 
present  law,  then  it  should  be  sustained,  and  the  legislature  called  upon  to 
apply  the  necessary  corrective. 

The  opponents  of  free  schools  will  rally  in  one  compact  mass  in  favor  of 
the  repeal  of  the  present  law  well  aware  that  success  on  this  issue  will  prove 
the  death  blow  to  the  entire  system.  Many  of  them  will  profess  great  devo- 
tion to  the  principle,  and  endeavor  to  disguise  their  real  hostility  to  it  by  a 
war  of  posts  against  the  details  of  the  act  of  1849.  Will  the  friends  of  uni- 
versal education  allow  themselves  to  be  duped  by  this  shallow  devise,  and 
be  found  shoulder  to  shoulder  with  their  opponents  in  prostrating  the  hopes 
and  paralizing  the  energy  of  the  advocates  and  supporters  of  free  schools? 
I  trust  not.  Let  it  be  remembered  that  this  issue  is  not  whether  the  existing 
law  shall  remain  on  the  statute  book,  but  whether  the  State  of  New  York, 
having  determined  by  an  overwhelming  majority,  that  her  10,000  schools 
shall  henceforth  be  free  to  every  child  within  her  border,  that  determination 
shall  be  reversed  or  triumphantly  sustained.  It  is  idle  to  talk  about  imper- 
fections and  efficiency  of  any  particular  system  while  the  principle  itself  is 
in  controversy.  Once  settled  that,  and  an  enlightened  legislature,  coming 
fresh  from  the  people,  will  have  no  difficulty  in  adjusting  details.  If  my 
democratic  friend  from  Batavia,  will  declare  himself  opposed  to  the  prin- 
ciple of  free  schools,  he  will  be  promptly  and  fairly  met;  and  at  all  events, 
his  right  to  advise  those  who  think  with  him,  as  to  the  course  most  proper 
to  be  pursued  by  them  for  the  accomplishment  of  the  object  they  have  in 
view,  will  not  be  contemplated.  If,  on  the  other  hand,  he  is  in  reality  a 
friend  of  free  schools,  he  has  in  my  humble  judgment  taken  the  most 
effectual  means  to  secure  the  defeat  of  the  very  measure  he  approves.  Every 
vote  given,  at  the  approaching  election  for  the  repeal  of  the  new  school  law 
is,  in  eflfect,  if  not  in  intention,  a  vote  against  the  principle  of  universal 
education :  while,  on  the  other  hand,  everv  vote  cast  "  against  the  repeal  of 
that  act "  is  a  vote  in  favor  of  that  principle. 

In  common  I  doubt  not,  with  the  vast  majority  of  the  friends  of  free 
schools  I  am  opposed  to  the  details  of  the  existing  law,  and  desire  and  ex- 
pect to  see  it  amended  and  essentially  modified;  but  I  shall,  nevertheless, 
vote  against  its  repeal,  in  the  full  confidence  that  an  enlightened  legislature 
will  carry  out  the  clearly  expressed  wishes  of  the  people  in  such  a  mode  as 

will  prove  generally  satisfactory. 

A  Friend  to  Education 

,  — Albany  Argus,  August  3,  1850 


FREE   SCHOOLS  413 

The  Senate  bill  repealing  the  free  school  law  passed  the  House  on  the  last 
night  of  the  session,  by  67  ayes  to  22  nays.  The  House  bill,  providing  for 
raising  a  general  tax  of  $800,000  upon  the  State,  had  been  previously  lost  in 
the  Senate.  We  regard  this  as  extremely  unfortunate  legislation.  The  ac- 
tion was  based  upon  the  petition  of  some  17,000  of  those  who  voted  against 
the  proposition  last  fall,  and  in  the  face  of  160,000  majority  in  its  favor. 
This  unstable,  changing  policy,  has  a  tendency  to  destroy  all  confidence  in 
legislative  action,  and  in  the  permanency  of  all  laws.  There  is  one  redeem- 
ing feature  about  it,  however,  the  whole  question  is  to  be  again  submitted  to 
the  people. —  Buffalo  Commercial  Advertiser,  April  12,  1850 

The  Free  School  Law 

The  act  to  submit  to  the  people,  at  the  next  annual  election,  the  repeal  of 
the  act  estaiblishing  free  schools  throughout  the  State,  provides : 

1  To  submit  the  question  of  repeal  or  no  repeal  to  the  people,  in  Novem- 
ber next. 

2  Requires  the  State  Superintendent  to  furnish  each  town  clerk  with  one 
copy,  and  each  school  district  with  five  copies  of  the  law,  with  blank  forms, 
poll  lists,  &c. 

3  A  separate  box  is  to  be  provided  to  the  tickets,  which  are  to  be  "  School 
—  against  the  repeal  of  the  new  School  Law."  The  tickets  to  be  canvassed 
by  state  canvassers,  same  as  votes  for  Governor,  &c. 

4  If  the  act  is  repealed,  then  all  the  acts  repealed  by  the  law  are  to  become 
in  force.  But  no  suits,  &c.,  which  may  have  grown  out  of  the  law,  are  to 
be  affected. —  Rochester  Daily  Democrat,  April  13,  1850 

The  School  Law 

The  great  anxiety  which  has  prevailed  to  know  what  the  Legislature  would 
do  to  repair  the  breaches  and  remedy  the  defects  in  the  school  law  of  the 
last  session,  will  hardly  be  satisfied  with  the  knowledge  that  nothing  has 
been  done,  except  to  send  the  question  of  its  repeal  to  the  people,  to  be 
voted  on  at  the  next  election.  Our  wise  Legislature  have  figured  in  this 
matter  very  much  like  the  renowned  hero,  who 
"with  forty  thousand  men, 
Marched  up  the  hill  and  then  marched  down   again." 

This  we  apprehend,  will  be  found  a  very  inconvenient  and  unsatisfactory 
way  of  legislating.  The  vote  of  the  pepole  can  only  apply  to  the  particular 
question,  and  in  the  particular  form  proposed. —  Last  year  they  adopted  a 
law  because  of  a  principle  it  was  supposed  to  contain,  taking  it  for  granted 
that  the  congregated  wisdom  of  the  great  whig  party,  including  "  the  dis- 
tinguished whig  Secretary  of  State  "  was  competent  to  pass  a  law  for  the 
attainment  of  a  simple,  plain  object ;  but  instead  of  "  free  schools,"  it 
opened  upon  the  sys^tem  a  very  Pandora's  box  of  evils.  The  present  Legis- 
lature lacking  the  ability  to  find  the  appropriate  remedy  or  the  courage  to 
apply  it,  have  waived  all  responsibility,  and  the  people,  after  suffering  in 
their  dearest  interests  all  the  effects  of  political  and  legislative  charlatanry, 
will,  in  time,  have  the  privilege  of  saying  whether  they  will  continue  the 
evils  they  are  experiencing,  or  return  to  the  old  system.     They  have  no 


414  THE   UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

means  of  amendment,  or  middle  choice.     The  question  is  the  law  as  they 
have  found  it,  or  not  the  law. — Binghamton  Democrat,  April  i8,  1850 

Free  School  Law 

The  following  is  the  vote  upon  the  repeal  of  the  free  school  law,  in  the 
several  towns  in  this  county  as  officially  announced : 

For  Repeal        Against 

Aurora    317  198 

Amherst    134  208 

Alden     209  146 

Brandt    145  23 

Boston     1 69  86 

Black    Rock    107  564 

Concord     ' 348  143 

C^rence     199  119 

Collins     ......... L ., 321  334 

Colden 45  9a 

Cheektowaga 56  s 

Evans 202  103 

Eden 325  142 

Hamburgh     ' 300  218 

Holland     183  6s 

Lancaster     y 109  156 

Newstead     289  142 

Sardinia     230  77 

Tonawanda     220  243 

Wales     ». 252  117 

BufiFalo  —  I  St    ward    no  479 

2d   ward    38  838 

3d    ward    105  458 

4th    ward    174  *o'7 

5th    ward    30  544 

Total     4672  6445 

4672 

Majority   against   repeal    1 773 


It  will  be  seen  that  15  of  the  20  country  towns  gave  majorities  in  favor  of 
repeal. 

The  majority  vote  by  counties  for  and  against  the  free  school  law  is 
shown  in  the  following  table: 

For  Free    Against  Free 

County  Schools          Schools 

Albany     5   272 

Allegany     i  626 

Broome     ,. . .  175 

Cattaraugus     979 

Cayuga     230 

Chautauqua     ..- i   630 

Chemung     '.  180 

Chenango     2  470 

Clinton     70 

Columbia     i  828 

Cortland     i  997 

Delaware     2  028 

Dutchess     3  923 

Erie      i    743 

Essex     579 

Franklin     , 443 

Fulton    and    Hamilton 973 

Genesee     i   132 

Greene i   379 

Herkimer     50 

Jefferson      2   106 

Kings     10  076 

Lewis     964 

Living^ston     i  05 1 

Madison     642 

Monroe     68 

Montgomery     1  042 

New    York     37  827 


FRE£  SCHOOLS  41$ 

For  Free    Against  Free 

Schools  Schools 

Niagara     i  292 

Oneida     897 

Onondagb     i  926 

Ontario     » 742 

Orange     909 

Orleans     I  312 

Oswego     471 

Otsego     I  720 

Putnam    114 

Queens     508 

Rensselaer 3  806 

Richmond     861 

Rockland     112 

St    Lawrence     i  069 

Saratov     , i   134 

Schenectady      52 

Schoharie      2  548 

Seneca     303 

Steuben     ^ i  361 

Sutlolk     368 

Sullivan     I a7'3 

Tioga     I  654 

Toiiipkins     2  517 

ITIster     237 

Warren     704 

Washington      i   008 

Wayne     2   137 

Westchester i.  . .  2  272 

Wyoming     i  545 

Valts      661 

Total     71  912  46874 

The   majority  against   repeal,   25,038. 

— Buffalo  Commercial  Advertiser,  November  22,  1850 

The  Free  School  Law  Sustained 

(From  the  Albany  Journal) 

We  have,  at  length,  the  official  vote  on  this  exciting  topic  from  fifty  two 
of  the  fifty  nine  counties  in  the  State,  showing  a  majority  of  upwards  of 
thirty  two  thousand  against  the  repeal  of  the  law.  The  remaining  seven 
counties  will  probably  reduce  this  majority  somewhat;  but  it  may  safely 
be  stated  at  from  twenty-five  to  thirty  thousand. 

In  view  of  the  numerous  embarassments  which  surround  this  question  — 
the  misconception  to  a  very  considerable  extent,  of  the  issue  involved  —  and 
the  fact  that  very  few  of  the  conductors  of  the  political  press  throughout 
the  State  felt  themselves  called  upon  to  interfere  in  the  discussion,  on  the 
one  side  or  the  other, —  this  result  must  be  deemed  decisive  by  the  public 
sentiment  in  favor  of  the  principle  of  free  schools.  We  trust  the  Legisla- 
ture will  so  modify  the  existing  law,  as  to  render  its  details  acceptable  to 
all  parties. 

We  are  requested  by  the  State  Superintendent  to  state  for  the  benefit  of 
officers  and  inhabitants  of  school  districts  generally,  that  in  his  opinion 
and  that  of  the  Attorney  General,  who  has  been  consulted  on  this  sub- 
ject, the  late  decision  of  Judge  Shankland,  of  the  Supreme  Court,  adverse 
to  the  constitutionality  of  the  existing  law,  is  conclusive  only  as  between 
the  parties  to  the  suit  before  him;  and  that  until  such  judgment  is,  in  some 
way  affirmed  by  the  Court  of  Appeals,  the  law  must  be  deemed  constitu- 
tional and  valid  to  all  intents  and  purposes.  Both  the  Superintendent  and 
the  Attorney  General  are  decidedly  of  opinion  that  the  law  was  constitu- 
tionally enacted;  and  that  there  is  no  probability  that  the  Court  of  Appeals, 


4l6  THE   UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

should  the  question  ever  come  before  that  tribunal,  will  otherwise  decide. 
— Binghamton  Republican,  November  19,  1850 

Free  Schools 

It  appears  from  so  much  of  the  returns  as  have  reached  us,  that  the  people 
of  the  State  have  decided  against  the  repeal  of  the  present  free  school  act 
by  a  pretty  large  majority.  The  city  of  New  York  alone  giving  some  38,000 
in  favor  of  the  law  and  only  a  few  hundred  against  it.  The  most  of  the 
cities  have  voted  in  favor  of  the  law,  and  opposition  generally  has  come 
from  the  "  rural  districts."  The  resubmission  to  the  people  of  this  law,  so 
short  a  time  after  its  emphatic  sanction  by  them,  was  a  most  silly  piece  of 
business  and  their  verdict  is  such  as  we  had  a  right  to  expect  from  their 
general  intelligence.  They  are  not  apt  in  so  marked  a  manner  to  stultify 
themselves,  and  have  shown  themselves  capable  of  distinguishing  between 
a  principle,  and  a  defect  in  the  machinery  which  applies  it.  And  now  that 
the  law  has  been  sustained  let  it  be  thoroughly  tried,  and  let  judicious 
legislation  remedy  the  imperfections  which  may  be  developed  by  experience. 
Ten  years  hence  and  few  will  be  willing  to  acknowledge  that  they  ever 
opposed  it."  —  Canajoharie  Radii,  November  14,  1850 

The  Free  School  Law 

The  New  York  Courier  and  Enquirer  has  the  following  remarks  upon 
the  subject  of  the  school  law  and  its  affirmance  by  the  vote  of  the  cities  of 
the  State: 

This  city  alone,  it  will  be  remembered,  gave  a  majority  of  30,000  against 
the  repeal  of  the  law;  and  if  the  aggregate  majority  is  no  greater  than 
the  Journal  supposes,  it  is  clear  that  the  cities  have  decided  the  question. 
And  yet  the  cities  are  not  affected  in  the  least  by  the  law,  while  it  is 
believed  by  many  to  bear  oppressively  upon  the  country  districts.  Such  a 
result  is  very  much  to  be  deprecated,  as  it  will  inevitably  feed  and  increase 
that  jealousy  of  the  country  districts  towards  the  city,  which  is  always 
strong  enough,  and  from  which  nothing  but  evil  can  result.  It  will  be 
remembered  that  a  proposition  was  brought  forward  last  winter,  and  car- 
ried through  the  Assembly,  to  pay  the  entire  expenses  of  the  free  schools 
through  the  iState,  out  of  the  general  fund.  This  would  have  the  effect  of 
making  New  York  City  support  her  own  free  schools  and  at  the  same  time 
contribute  over  $200,000  annually  towards  supporting  the  free  schools  of 
the  rural  districts.  This  bill  was  prevented  from  becoming  a  law  by  the 
passage  of  the  law  submitting  the  whole  subject  again  to  the  people.  And  if 
now  the  free  school  law  shall  have  been  kept  in  force  by  the  cities,  and 
against  the  wishes  of  the  country  districts,  the  effort  will  undoubtedly  be 
renewed  to  put  it  upon  a  basis  which  shall  throw  a  large  proportion  of 
the  expense  upon  property  in  the  cities :  —  and  the  chances  of  its  success 
are  decidedly  increased  by  the  recent  canvass. 

The  adjustment  of  this  vexed  question,  upon  a  basis  which  shall  at  once 
promote  the  cause  of  universal  education,  and  relieve  the  people  from 
unjust  and  unequal  taxation,  will  be  one  of  the  most  important  and  diffi- 
cult duties  of  the  Legislature  at  its  coming  session, —  Buffalo  Commercial 
Advertiser.  November  20.  iSso 


FREE   SCHOOLS  417 

Joseph  McKeen,  superintendent  of  common  schools  for  the  city  and 
county  of  New  York  in  his  report  dated  November  i,  1850,  says  under 
the  heading 

Free  Schools 

It  is  commonly  expected  of  a  New  England  superintendent  of  schools, 
when  the  subject  of  free  schools  is  under  consideration,  that  he  will  run 
oflf  into  an  eulogy  upon  the  pilgrims,  Massachusetts,  and  the  fathers  who 
settled  these  Eastern  States.  I  have  often  thought  that  these  eulogiums 
were  more  faithful  to  the  filial  reverence  which  is  due  to  the  good  men  who 
were  our  ancestors,  than  ;to  the  veritable  history  of  the  early  days  of  thd 
common  schools.  As  a  son  of  New  England,  I  claim  to  know  something 
of  their  educational  institutions.  Their  colleges  and  higher  seminaries  of 
learning  have  alv.^ays  been  among  the  best  in  this  country,  and  they  have 
contributed  in  a  great  degree  to  make  and  sustain  a  respect  among  the 
people  for  learning.  Common  schools  have  been  taught  from  time  imme- 
morial in  the  district  school  houses,  for  about  three  months  in  the  winter, 
by  students,  and  by  young  men  of  various  callings,  who  were  but  partially 
educated,  and  that  partial  education  having  but  little  if  any  reference  to 
teaching.  A  long  vacation  ensued,  and  the  school  passed  into  the  hands  of 
some  young  woman,  who  tried  her  skill  for  the  first  time  in  the  line  of 
instruction.  In  this  way  a  school  was  kept  for  half  the  year,  without  much 
of  professional  skill  or  system  about  it.  But  it  was  so  much  better  than  no 
school ;  so  much  better  than  was  done  in  some  other  parts  of  the  country, 
that  sons,  "  to  the  manor  born,"  have  written  and  published  laudatory  chron- 
icles of  the  teachers,  until  they  are  now  almost  fulsome.  The  truth  is,  there 
is  to  this  day  no  perfected  system  of  common  school  education  in  this 
country.  That  of  the  State  of  New  York  is  probably  the  best,  and  that  is 
very  far  from  being  what  it  ought  to  be. 

It  is,  perhaps,  not  so  important  that  the  school  should  be  absolutely  free, 
as  that  it  should  embrace  within  its  salutary  influences  the  instruction  of 
the  whole  youthful  population.  In  some  countries,  as  in  Prussia,  it  has  been 
found  that  assessing  a  small  school  tax  upon  every  child  of  the  school  age, 
(from  7  to  14,)  whether  the  child  attend  school  or  not,  produced  a  larger 
average  attendance  than  a  school  entirely  free,  leaving  the  attendance  vol- 
untary and  optional.  Seven  years  of  every  child  is  said  to  be  due  to  the 
school. 

It  is  the  opinion  of  the  Hon.  H.  Barnard,  the  able  superintendent  of  Con- 
necticut, and  many  others,  that  paying  a  small  sum  makes  parents  have  a 
higher  appreciation  of  the  school,  and  they  arc  more  likely  to  send  their 
children  regularly  to  it,  than  if  the  school  were  made  absolutely  free.  We 
cannot  fail  to  feel  respect  for  this  desire  of  a  people  to  pay  for  what  they 
use,  and  to  use  it  all  the  more  freely  because  they  pay  for  it.  A  system  of 
taxation,  to  be  perfectly  equitable,  ought  to  be  so  distributed  among  the 
various  interests  of  the  community  which  are  to  be  benefited  by  it,  as  to 
draw  from  each  a  return  for  the  good  received.  The  doctrine  that  the  property 
of  the  State  must  pay  for  the  education  of  the  children  of  the  State,  is  a 
sort  of  admitted  truism,  which  is  susceptible,  however,  of  sundry  explana- 
tions. To  say  that  one  man  has  a  right  to  another  man's  money,  to  edu- 
cate the  children  of  the  former,  or  for  any  other  purpose,  is  net  true ;  but 

27 


4l8  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

for  the  State  to  say  that  property  shall  be  taxed  for  the  benefit  of  the 
community  in  which  it  is,  and  to  increase  the  security  of  the  property  itself, 
is  true  beyond  all  dispute. 

There  is  no  one  item,  in  all  our  catalogue  of  public  burdens,  which  ought 
to  be  hailed  with  so  much  tolerance  and  favor  as  that  which  goes  to  edu- 
cate the  youthful  population.  Education  prevents  and  diminishes  crime, 
gives  security  to  property,  lessens  the  expense  of  poor-rates,  hospitals, 
prisons,  and  police  establishments.  It  dispels  the  gloomy  superstitions  of 
ignorance ;  it  evokes  the  innate  energies  of  genius ;  it  quickens  and  defines 
human  enjoyments;  and  it  subordinates  the  mightly  physical  agencies  of 
nature,  which  it  finds  out  and  applies  to  the  service  and  comfort  of  man. 

A  liberal  policy  would  then  seem  to  commend  itself  to  every  good  citizen 
in  behalf  of  this  beneficent  instrumentality.  It  is  the  behest  of  wisdom  that 
the  common  elements  of  necessary  knowledge  be  made  universally  free. 
This  is  the  common  sentiment  of  the  people  of  New  York.  The  light  of 
Heaven  and  the  pure  water  from  the  mountain  are  free,  for  both  man  and 
beast,  in  all  parts  of  the  country  where  the  works  of  God  remain  undis- 
turbed. In  this  crowded  city,  the  princely  tax  payers  delight  humbly  to  imi- 
tate the  munificence  of  Heaven ;  and  we  see,  when  night  comes  on,  a  bright 
artificial  light  in  all  our  streets ;  the  pure  gushing  waters  are  in  the  free 
hydrants  at  the  corners;  and  the  free  schools  are  telling,  day  and  night,  in 
all  parts  of  the  city.  No  rich  man  sleeps  the  worse  for  his  liberality;  and 
every  poor  man  loves  his  county  the  more  by  reason  of  its  unsurpassed 
privileges. 


FREE   SCHOOLS  4I9 

Chapter  lo 

THE  FREE  SCHOOL  LAW  OF  185 1 

The  question  of  the  repeal  of  the  law  of  1849  was  defeated  in 
the  election  of  November  of  1850  by  a  25,000  majority.  Super- 
intendent Morgan  in  his  annual  report  of  185 1  comments  as  follows 
upon  the  educational  situation: 

The  history  of  the  past  year,  in  reference  to  this  great  enterprise,  has 
been  one  of  mingled  triumph  and  disaster.  The  principle  incorporated  in 
the  "Act  for  the  establishm.ent  of  free  schools  throughout  the  State,"  has 
been  again  subjected  to  the  test  of  public  opinion.  In  their  almost  unani- 
mous approval  of  that  principle  in  the  canvass  of  1849,  the  electors  very 
generally  overlooked  the  specific  details  of  the  bill  submitted  to  their  sanc- 
tion, confiding  in  the  disposition  of  the  Legislature  to  modify  such  of  its 
features  as  might  be  practically  objectionable.  Serious  obstacles  to  the 
successful  operation  of  the  law  presented  themselves  almost  upon  the 
threshold  of  its  administration.  The  boards  of  supervisors  in  more  than 
one-half  the  counties  of  the  State,  had  adjourned  their  annual  sessions 
before  the  act  took  effect,  without  making  the  appropriations  required  by 
its  provisions,  leaving  the  several  school  districts  to  sustain  a  most  unequal 
and  oppressive  burden  of  taxation  for  the  support  of  their  schools. 

Inequalities  in  Ihe  valuations  of  taxable  property  contributed,  in  many 
localities,  greatly  to  aggravate  this  burden,  and  a  spirit  of  opposition  to  the 
new  law,  inflamed  by  its  determined  opponents,  manifested  itself  at  the  pri- 
mary district  meetings,  and  too  often  resulted  in  the  entire  rejection  of  the 
estimates  prepared  by  the  trustees  and  the  limitation  of  the  term  of  school 
to  the  lowest  possible  period  authorized  by  law.  Appeals  were  assidiously 
made  to  the  cupidity  of  the  heavy  tax  payers  —  their  interests  sought  to 
be  arrayed  against  that  of  their  less  favored  brethren,  and  against  the  inter- 
ests of  their  children;  their  passions  stimulated  by  the  real  inequalities  as 
well  as  fancied  injustice  of  the  burdens  imposed  by  the  new  law,  were 
readily  enlisted  against  every  attempt  to  carry  it  into  operation.  Numerous 
petitions  were  sent  to  the  Legislature,  praying  for  its  repeal  or  for  such 
amendments  as  might  render  it  more  generally  acceptable. 

It  was  obvious  that  the  law  was  liable  to  just  and  serious  objections,  and 
that  it  did  not  meet  with  that  general  approval  which  was  necessary  to 
ensure  its  success.  Under  these  circumstances,  the  friends  of  the  new  sys- 
tem were  among  the  first  to  concede  the  defects  of  the  bill,  and  while  urging 
the  preservation  of  the  fundamental  principle  which  it  involved,  were  anx- 
iously solicitous  so  to  modify  the  details  of  the  measure,  as  to  obviate  all 
its  obnoxious  features.  At  their  suggestion  and  with  their  co-operation, 
bills  were  introduced  into  both  branches  of  the  Legislature,  providing  for 
a  general  and  equitable  system  of  State  or  county  taxation,  for  the  purpose 
of  rendering  the  common  schools  free  to  all,  dispensing  with  the  necessity 
of  a  district  assessment,  out  of  which  the  principal  embarrrassment  had 
originated.  In  the  Assembly  the  measures  thus  proposed  were  approved  by 
a  large  majority;  the  Senate  did  not  concur  in  the  action  of  the  house,  but 


420  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

sent  to  the  house  a  bill  proposing  a  re-submission  of  the  law  to  the  people. 
At  the  close  of  the  session,  and  when  it  became  evident  that  no  modification 
.of  the  obnoxious  law  could  be  obtained,  this  bill  received  the  assent  of  the 
house. 

By  adoption  of  this  measure,  the  friends  of  free  schools  found  them- 
selves in  a  very  embarrassing  position.  They  were  compelled  either  to  give 
their  votes  and  influence  in  favor  of  the  continuance  of  a  law,  some  of  the 
distinctive  features  of  which  were  at  variance  both  with  their  wishes  and 
judgment,  or,  by  sanctioning  its  repeal,  hazard  the  principle  which  had  been 
deliberately  adopted  by  the  Legislature  and  approved  by  the  emphatic  expres- 
sion of  the  public  will.  The  issue  thus  presented  could  not  fail  of  being 
greatly  misapprehended.  While  the  electors  secured  the  renewed  triumph 
of  the  principle  involved,  there  can  be  no  doubt  that  thousands  of  votes 
were  cast  for  the  repeal  of  the  law  by  citizens  who  desired  only  its  amend- 
ment, and  who  could  have  recorded  their  suffrages  in  favor  of  a  system  of 
free  schools  properly  guarded,  had  the  form  of  the  ballot  permitted  them 
to  do  so. 

It  remains  then  for  the  Legislature  to  give  efficacy  to  this  renewed 
expression  of  the  popular  will,  by  the  enactment  of  a  law  which  shall  defi- 
nitely engraft  the  free  school  principle  upon  our  existing  system  of  pri- 
mary education,  and  at  the  same  time  remove  all  just  cause  of  complaint 
as  to  the  inequality  of  taxation.  District  taxation  has  been  found  to  be 
unjust,  unequal,  and  oppressive.  It  should  therefore  at  once  be  abandoned, 
so  far  as  the  ordinary  support  of  the  schools  is  concerned.  The  funds 
necessary  for  the  payment  of  teachers'  wages,  in  addition  to  the  amount 
received  from  the  state  treasury,  should  be  provided  either  by  a  state  tax 
equitably  levied  on  real  and  personal  property  according  to  a  fixed  and  uni- 
form standard  of  valuation,  by  a  county  and  town  tax  levied  and  assessed 
in  the  same  manner,  or  by  such  a  combination  of  these  three  modes  as 
might  be  deemed  most  expedient  and  judicious. 

The  common  schools  of  the  State  should  be  declared  free  to  every  resi- 
dent of  the  respective  districts,  of  the  proper  age  to  participate  in  their 
benefits ;  and  their  support  should  be  made  a  charge  upon  the  whole  prop- 
erty either  of  the  State  at  large,  or  of  the  respective  counties  and  towns  in 
which  they  are  situated. 

The  bill  which  passed  the  Assembly  at  its  last  session,  provided  for  the 
levying  of  an  annual  tax  of  $800,000  on  the  real  and  personal  property  of 
the  State  according  to  the  assessed  valuation  of  such  property,  and  for  the 
distribution  of  the  aggregate  amount  so  to  be  raised,  among  the  several 
counties  and  towns  of  the  State,  according  to  the  number  of  children,  of 
proper  school  age,  residing  in  each.  This  sum,  together  with  the  amount 
annually  apportioned  from  the  revenue  of  the  common  school  fund,  would, 
it  was  supposed,  be  sufficient  for  the  support  of  the  several  schools  of  the 
State  during  an  average  period  of  eight  months  in  each  year.  The  whole 
amount  expended  for  teachers'  wages,  during  the  year  1849,  was  $1,322,- 
696.24,  to  which  is  to  be  added  an  aggregate  amount  of  $110,000  for  library 
purposes,  making  in  the  whole  $1,432,696.24.  The  Superintendent,  however, 
entertains  no  doubt  that  the  amount  proposed  to  be  raised  by  the  bill  referred 
to,  in  conjunction  with  the  state  appropriation,  the  revenue  from  which  is 
rapidly  and  steadily  increasing,  will  be  amply  adequate  to  the  payment  of 


FREE   SCHOOLS  '  421 

teachers'  waRcs  for  the  average  length  of  time  during  which  the  schools 
have  heretofore  been  taught,  and  to  the  annual  and  adequate  replenishment 
of  the  libraries  and  necessary  apparatus  in  the  schools. 

Under  the  present  defectively  administered  system  of  assessment  how- 
ever, such  a  tax  will  operate  very  unequally  in  different  sections  of  the 
State.  The  standard  of  valuation  both  of  real  and  personal  property, 
varies,  as,  is  well  known,  in  nearly  every  county  of  the  State;  while  in 
some,  it  is  estimated  at  its  fair  and  full  market  value,  in  others  it  is 
assessed  at  three-fourths,  two-thirds  and  sometimes  as  low  as  one  half  its 
actual  value.  If,  therefore,  the  existing  standard  of  valuation  is  to  be  made 
the  basis  of  the  apportionment  of  the  proposed  tax,  it  is  manifest  that  a 
very  unjust  and  oppressive  burden  will  be  cast  upon  those  counties  where 
the  assessment  is  in  strict  accordance  with  the  provisions  of  law,  for  the 
benefit  of  those  sections  in  which  its  requirements  are  valued  by  an  arbi- 
trary standard  of  valuation. 

The  distribution  of  money  when  raised,  serves  likewise  to  render  this  dis- 
proportion still  more  manifest,  that  being  based  upon  the  population  accord- 
ing to  the  last  preceding  census  of  the  respective  counties.  To  exhibit  the 
practical  operation  of  this  system,  a  table  has  been  constructed  under  the 
direction  of  the  department,  and  is  appended  to  the  present  report,  (see 
appendix,)  by  which  it  will  be  seen  that  the  city  of  New  York  with  a  popula- 
tion of  371,223,  recording  to  the  last  census,  and  a  valuation  of  real  and 
personal  property  amounting  in  the  aggregate  to  $254,192,527,  contributes 
$505,295.33  annually  as  her  proportion  of  the  proposed  State  tax,  while  she 
will  be  entitled  to  receive  only  $114,025.33  as  her  share  of  its  proceeds;  the 
county  of  Dutchess  with  a  population  of  55,124  and  a  valuation  of  $19,390,- 
632  contributes  $23,288.92  and  receives  only  $16,931.96;  the  county  of  Kings 
with  a  population  of  78,691  and  a  valuation  of  about  $40,000,000  contributes 
$47,940.21  and  receives  only  $24,170.83,  a  diminution  of  nearly  one-half;  the 
county  of  Westchester  with  a  population  of  47,578  and  a  valuation  of 
$20,018,964,  contributes  $24,043.57  and  receives  only  $14,613.12;  and  the 
counties  of  Livingston,  Ontario,  and  Queens,  each  receive  a  considerably 
less  amount  than  they  contribute.  On  the  other  hand,  every  other  county 
in  the  State,  receives  an  equal  or  a  greater  amount  than  it  is  called  upon 
to  contribute.  The  county  of  Allegany  with  a  population  of  40,000  and  a 
valuation  of  $3,797,486,  raises  $4569.93  and  receives  nearly  three  times  that 
amount,  or  $12,312.25 ;  the  county  of  Chenango  with  a  population  nearly  the 
same  and  a  valuation  of  $10,786,131,  raises  $5159.22  and  receives  $12,255.73; 
the  county  of  Delaware  with  a  population  of  37,000  and  a  valuation  of 
$3,737,810,  raises  $4489.26  and  receives  $11,361.89;  the  county  of  Greene 
with  a  population  of  32,000  and  a  valuation  of  $2,746,933,  raises  $3300.00  and 
receives  $9815.95;  the  county  of  Jefferson  with  a  population  of  65,000  and  a 
valuation  of  $7,200,881,  raises  $8648.54  and  receives  $19,965.17;  the  county 
of  St  Lawrence  with  a  population  of  62,354  and  a  valuation  of  $3,587,629, 
rai.ses  $4308.88  and  receives  $19,152.73,  between  four  and  five  times  more 
than  she  contributes ;  the  county  of  Schoharie  with  a  population  of  32,488 
and  a  valuation  of  $1,817,804,  raises  $2183.25  and  receives  $9979.06,  an 
excess  of  nearly  five  times  the  amount  contributed ;  and  the  counties  of 
Steuben,  Tompkins  and  Ulster,  receive  from  twice  to  three  times  the  amount 
contributed  by  each.    These  discrepancies  it  is  obvious,  in  a  great  measure, 


422  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

grow  out  of  the  existing  inequalities  in  the  respective  standards  of  valua- 
tion adopted  in  the  several  counties;  and  should  the  Legislature  deem  it 
expedient  to  charge  the  annual  support  of  the  schools,  over  and  above  the 
revenue  of  the  school  fund,  upon  the  taxable  property  of  the  State,  and  to 
retain  the  existing  mode  of  distribution,  the  necessity  of  devising  some 
mode  by  which  the  standard  of  valuation  should  be  as  nearly  as  practicable 
uniform  throughout  the  State,  will  be  apparent.  If  this  can  be  accomplished, 
or  if  the  distribution  of  the  funds  raised  were  directed  to  be  made  upon  the 
same  basis  with  the  apportionment  of  the  tax,  there  can  be  no  doubt,  in  the 
judgment  of  the  Superintendent,  that  a  state  tax  for  the  support  of  our 
common  schools  will  prove  the  simplest,  most  efficient  and  beneficial  mode 
of  providing  for  the  object  in  view:  the  establishment  and  maintenance  of 
a  system  of  free  school  education,  in  accordance  with  the  expressed  wishes 
of  inhabitants  of  the  State. 

If,  however,  this  were  found  impracticable,  the  same  result  may  be 
obtained  by  requiring  the  board  of  supervisors  of  each  county  of  the  State 
to  raise  twice  the  amount  apportioned  to  the  county,  as  a  county  tax,  and 
levy  an  equal  amount  as  a  town  tax,  in  the  mode  prescribed  by  the  existing 
law,  which  requires  only  an  equal  amount  to  be  levied  as  a  county  and  town 
tax  respectively.  This  provision  would  simply  increase  the  amount  of 
school  money  now  by  law  required  to  be  raised,  one-third,  while  it  would 
entirely  dispense  with  district  taxation,  for  the  current  support  of  the 
schools.  Inequalities  in  the  standard  of  valuation  adopted  by  the  respective 
counties,  would  in  this  case  prove  unjust  and  burdensome  to  none;  as  the 
existing  law  has  made  complete  provision  for  the  adjustment  of  such  ine- 
qualities in  the  case  of  joint  districts  formed  from  parts  of  two  or  more 
counties  or  towns.  The  whole  amount  of  taxable  property  of  each  county 
would  contribute  in  equal  and  fair  proportions  to  the  support  of  the  schools 
located  within  its  territory;  and  the  angry  dissensions  growing  out  of  the 
necessity  of  district  taxation,  the  fruitful  source  of  nearly  all  the  opposi- 
tion which  has  been  made  to  the  existing  law,  would  be  averted. 

In  apportioning  the  public  money,  and  the  money  raised  by  a  county  or 
state  tax  among  the  several  school  districts,  the  Superintendent  is  of  opinion 
that  some  more  effectual  provision  than  now  exists,  should  be  made  for  the 
smaller  and  weaker  districts,  upon  whom  the  burden  of  supporting  a  school 
for  any  considerable  length  of  time  during  the  year,  is  peculiarly  oppressive. 
If  a  specified  amount,  say  for  instance  fifty  dollars,  were  required  to  be 
apportioned  to  every  duly  organized  district  whose  report  for  the  pre- 
ceding year  shall  be  found  in  accordance  with  law,  leaving  the  balance  to 
be  apportioned  according  to  the  number  of  children  between  the  ages  of 
four  and  twenty-one  years  residing  in  the  district,  the  necessary  encourage- 
ment would  be  afforded  to  every  district,  however  limited  its  means,  or 
however  sparse  its  population,  while  ample  resources  would  be  left  for  the 
larger  and  more  populous  districts.  The  several  districts  being  thus  fur- 
nished with  adequate  funds  for  the  maintenance  of  efficient  schools  during 
an  average  period  of  eight  months  in  each  year,  the  trustees  should  be  per- 
emptorily required  to  expend  the  moneys  thus  placed  at  their  disposal,  in 
the  employment  of  suitably  qualified  teachers  for  such  a  length  of  time  as 
those  means  may  justify. 

Such   an   arrangement   would,    it   is    believed,   prove    almost    universally 


FREE    SCHOOLS  423 

acceptable  to  the  people  of  the  State.  The  principle  involved  has  repeatedly 
received  the  sanction  of  public  sentiment.  It  is  in  accordance  with  the 
enlightened  spirit  of  the  age.  It  is  the  only  system  compatible  with  the 
genius  and  spirit  of  our  republican  institutions.  It  is  not  a  novelty,  now 
for  the  first  time,  sought  to  be  engrafted  upon  our  legislation,  but  a  prin- 
ciple recognized  and  carried  in  to  practical  operation  in  our  sister  state  of 
Massachusetts  from  the  earliest  period  of  its  colonial  history  —  identified 
with  her  greatness  and  prosperity,  her  influence  and  her  wealth,  and  trans- 
planted from  her  soil  to  that  of  some  of  the  younger  states  of  the  Union. 

In  each  of  our  own  cities,  and  in  many  of  our  larger  villages  it  has  been 
established  and  successfully  sustained  by  the  general  approval  of  their  citi- 
zens ;  and  wherever  it  has  obtained  a  foothold,  it  has  never  been  abandoned. 
It  is  only  requisite  to  adjust  the  details  of  the  system,  equitably  and  fairly, 
to  commend  it  to  the  approbation  of  every  good  citizen  as  the  noblest  palla- 
'  dium  and  most  effectual  support  of  our  free  institutions. 

The  existing  law  has  excited  a  degree  of  opposition  which  was  not  antici- 
pated, but  it  is  believed  that  it  has  grown  out  of  the  defects  of  the  law, 
rather  than  from  any  prevailing  hostility  to  the  principle  of  free  schools. 

No  law  can  be  successfully  and  prosperously  administered  under  our  gov- 
ernment, which  docs  not  receive  the  general  approval  of  the  people.  It  is 
the  earnest  desire,  therefore,  of  the  Superintendent,  that  the  present  law 
should  be  so  amended  as  to  produce  greater  equality  —  to  remove  all  rea- 
sonable ground  of  complaint,  and  to  render  our  great  system  of  education 
more  efficient  and  useful. 

The  idea  of  universal  education  is  the  grand  central  idea  of  the  age. 
Upon  this  broad  and  comprehensive  basis,  all  the  experience  of  the  past, 
all  the  crowding  phenomena  of  the  present,  and  all  our  hopes  and  aspira- 
tion for  the  future,  must  rest.  Our  forefathers  Lave  transmitted  to  us  a 
noble  inheritance  of  national,  intellectual,  moral  and  religious  freedom. 
They  have  confided  cur  destiny  as  a  people  to  our  own  hands.  Upon  our 
individual  and  combined  intelligence,  virtue,  and  patriotism,  rests  the  solu- 
tion of  the  great  problem  of  self-government.  We  should  be  untrue  to  our- 
selves, untrue  to  the  memory  of  our  statesmen  and  patriots,  untrue  to  the 
cause  of  liberty,  of  civilization  and  humanity,  if  we  neglected  the  assiduous 
cultivation  of  those  means,  by  which  alone  we  can  secure  the  realization  of 
the  hopes  we  have  excited.  Those  means  are  the  universal  education  of  our 
future  citizens,  without  discrimination  or  distinction.  Wherever  in  our 
midst,  a  human  being  exists,  with  capacities  and  faculties  to  be  developed, 
improved,  cultivated  and  directed,  the  avenues  of  knowledge  should  be 
freely  opened  and  every  facility  affored  to  their  unrestricted  entrance. 
Ignorance  should  no  more  be  countenanced  than  vice  and  crime.  The  one 
leads  almost  inevitably  to  the  other.  Banish  ignorance,  and  in  its  stead 
introduce  intelligence,  science,  knowledge  and  increasing  wisdom  and 
enlightenment,  and  you  remove  in  most  cases,  all  those  incentives  to  idle- 
ness, vice  and  crime,  which  now  produce  such  a  frightful  harvest  of  retribu- 
tion, misery  and  wretchedness.  Educate  every  child,  "  to  the  top  of  his 
faculties,"  and  you  not  only  secure  the  community  against  the  depredations 
of  the  ignorant,  and  the  criminal,  but  you  bestow  upon  it,  instead,  produc- 
tive artisans,  good  citizens,  upright  jurors  and  magistrates,  enlightened 
statesmen,  scientific  discoverers  and  inventors,  and  the  dispensers  of  a  per- 


424  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

vading  influence  in  favor  of  honesty,  virtue  and  true  goodness.  Educate 
every  child  physically,  morally  and  intellectually,  from  the  age  of  four  to 
twenty-one,  and  many  of  your  prisons,  penitentiaries  and  almshouses  will  be 
converted  into  schools  of  industry  and  temples  of  science;  and  the  immense 
amount  now  contributed  for  their  maintenance  and  support  will  be  diverted 
into  far  more  profitable  channels.  Educate  every  child  —  not  superficially  — 
not  partially  —  but  thoroughly  —  develope  equally  and  healthfully  every 
faculty  of  his  nature  —  every  capability  of  his  being — ^and  you  infuse  a 
new  and  invigorating  element  into  the  very  life  blood  of  civilization  —  an 
element  which  will  diffuse  itself  throughout  every  vein  and  artery  of  the 
social  and  political  system,  purifying,  strengthening  and  regenerating  all 
its  impulses,  elevating  its  aspirations,  and  clothing  it  with  a  power  equal 
to  every  demand  upon  its  vast  energies  and  resources. 

These  are  some  of  the  results  which  must  follow  in  the  train  of  a  wisely 
matured  and  judiciously  organized  system  of  universal  education.  They  are 
not  imaginary,  but  sober  inductions  from  well  authenticated  facts  —  delib- 
erate conclusions  from  established  principles,  sanctioned  by  the  concurrent 
testimony  of  experienced  educators  and  eminent  statesmen  and  philanthro- 
pists. If  names  are  needed  to  enforce  the  lesson  they  teach,  those  of 
Washington  and  Franklin  and  Hamilton  and  Jefferson  and  Clinton,  with  a 
long  array  of  patriots  and  statesmen,  may  be  cited.  If  facts  are  required 
to  illustrate  the  connection  between  ignorance  and  crime,  let  the  ofificial 
return  of  convictions  in  the  several  courts  of  the  State  for  the  last  ten 
years  be  examined,  and  the  instructive  lesson  be  heeded.  Out  of  nearly 
28,000  persons  convicted  of  crime,  but  128  had  enjoj'ed  the  benefits  of  a 
good  common  school  education;  414  only  had  what  the  returning  officers 
characterize  as  a  "tolerable"  share  of  learning;  and  of  the  residue,  about 
one-half  could  either  read  or  write.  Let  similar  statistics  be  gathered  from 
the  wretched  inmates  of  our  poor-house  establishments,  and  similar  results 
would  undoubtedly  be  developed.  Is  it  not  therefore  incomparably  better, 
as  a  mere  prudential  question  of  political  economy,  to  provide  ample  means 
for  the  education  of  the  whole  community,  and  to  bring  those  means  Avithin 
the  reach  of  every  child,  than  to  impose  a  much  larger  tax  for  the  protection 
of  that  community  against  the  depredations  of  the  ignorant,  the  idle,  and 
the  vicious,  and  lor  the  support  of  the  imbecile,  the  thoughtless,  and  intem- 
perate ? 

Every  consideration  connected  with  the  present  and  future  welfare  of  the 
community  —  every  dictate  of  an  enlightened  humanity  —  every  impulse  of 
an  enlarged  and  comprehensive  spirit  of  philanthropy,  combine  in  favor  of 
the  adoption  of  this  great  principle.  Public  sentiment  has  declared  in  its 
favor.  The  new  states  which,  within  the  past  few  years,  have  been  added 
to  the  Confederacy,  have  adopted  it  as  the  basis  of  their  system  of  public 
instruction ;  and  the  older  States,  as  one  by  one  they  are  reconstructing  their 
fundamental  laws  and  constitutions,  arc  engrafting  the  same  principle  upon 
their  institutions.  Shall  New  York,  in  this  noble  enterprise  of  education, 
retrace  her  steps?  Shall  she  disappoint  the  high  hopes  and  expectations  she 
has  excited,  by  receding  from  the  advanced  position  she  now  occupies  in  the 
van  of  educational  improvement?  Her  past  career,  in  all  those  elements 
which  go  to  make  up  the  essential  wealth  and  greatness  of  a  people,  has 
been  one  of  progress  and  uninterrupted  expansion.     Her  far-seeing  legisla- 


FREE   SCHOOLS  425 

tors  and  statesmen,  uninfluenced  by  the  scepticism  of  the  timid,  the  ignorant, 
and  the  faithless,  and  unawed  by  the  denunciations  of  the  hostile,  prosecuted 
that  great  work  of  internal  improvement  which  will  forever  illustrate  the 
pride  and  glory  of  her  political  history.  The  rich  results  of  the  experiment 
thus  boldly  ventured  upon  have  vindicated  their  wisdom.  Is  the  development 
of  the  intellectual  and  moral  resources  of  her  millions  of  future  citizens  an 
object  of  less  interest,  demanding  a  less  devoted  consecration  of  the  ener- 
gies of  her  people,  and  worthy  of  a  less  firm  and  uncompromising  perse- 
verance ? 

Disregarding  the  feeling  of  the  present  hour,  and  looking  only  to  the 
future,  will  the  consciousness  of  having  laid  the  foundation  for  the  universal 
education  of  our  people  be  a  less  pleasing  subject  of  contemplation  than 
that  of  having  aided  in  replenishing  the  coffers  of  their  weatlh? 

In  conclusion  the  Superintendent  can  not  feel  that  he  has  fully  met  th€ 
responsibility  devolved  upon  him  by  his  official  relations  to  the  schools  of 
the  State,  were  he  to  fail  in  again  urging  upon  the  Legislature  the  definite 
adoption  of  this  beneficent  measure.  Let  its  details  be  so  adjusted  as  to 
bear  equally  upon  all,  oppressively  upon  none.  Let  every  discordant  ele- 
ment of  strife  and  passion  be  removed  from  the  councils  of  the  districts,  let 
the  necessary  assessment  for  the  great  object  in  view,  be  diffused  over  the 
vast  aggregate  of  the  wealth  and  property  of  the  State.  Then  let  teachers, 
worthy  of  the  name,  teachers  intellectually  and  morally  qualified  for  the 
discharge  of  their  high  and  responsible  duties,  dispense  the  benefits  and 
riches  of  education,  equally  and  impartially,  to  the  eight  hundred  thousand 
children  v,ho  annually  congregate  within  the  district  school  room. 

The  children  of  the  rich  and  the  poor,  the  high  and  the  low,  the  native 
and  the  foreigner,  will  then  participate  alike  in  the  inexhaustible  treasures 
of  intellect,  they  will  commence  their  career  upon  a  footing  of  equality, 
under  the  fostering  guardianship  of  the  State,  and  will  gradually  ripen  into 
enlightened  and  useful  citizens,  prepared  for  all  the  varied  duties  of  life 
and  for  the  full  enjoyment  of  all  the  blessings  incident  to  humanity. 

The  issues  which  the  friends  of  free  schools  had  raised  had  for  a 
compromise  the  law  of  1851.  There  seemed  to  be  an  apparent 
willingness  on  the  part  of  those  interested  to  stand  by  and  see  what 
good  might  come  out  of  the  law  as  it  now  stood.  This  attitude  is 
best  illustrated  from  the  extract  from  the  annual  report  of  Henry 
S.  Randall,  Superintendent  of  Common  Schools,  submitted  December 
31,  1853: 

In  the  annual  report  from  this  Department,  last  year,  the  undersigned 
presented  several  plans  for  the  improvement  of  our  common  school  sys- 
tem; but,  for  reasons  then  assigned,  he  did  not  ask,  nor  subsequently  attempt 
to  procure  immediate  legislative  action  on,  beyond  a  few  of  these  which 
were  considered  of  pressing  necessity,  and  which  would  not  materially 
affect  the  structure  of  the  system.  The  reasons  assigned  for  this  course 
were,  that  our  school  laws  had  been  so  often  changed  during  the  last  few 
years,  that  a  proper  opportunity  was  not  given  to  test  their  actual  merits  or 
defects,  and  to  provide  the  best  remedies  for  the  latter,  where  clearly  found 


426  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

to  exist;  that  a  system  kept  thus  unsettled,  could  not  acquire  vigor  and 
adapt  itself  to  the  diversified  circumstances  of  a  widespread  population ; 
that  the  local  officers  charged  with  its  administration,  numbering  nearly  sixty 
thousand,  and  usually  chosen  with  little  reference,  to  their  familiarity  with 
the  nice  construction  of  statutes,  were  confused  and  discouraged  by  these 
incessant  changes,  and  hence  discharged  their  duties  not  only  with  a  want 
of  accuracy,  but  with  a  want  of  zeal  still  more  fatal  to  the  prosperity  of 
our  schools. 

Another  reason  was  assigned  for  a  pause  in  school  legislation.  Some  of 
the  most  prominent  and  probably  objectionable  features  of  the  present  law, 
were  adopted  as  a  compromise  between  the  parties  to  the  bitter  controversy 
which  grew  out  of  the  enactment  of  the  free  school  law  of  1849.  This  con- 
troversy had  proved  so  disastrous,  not  only  to  the  immediate  prosperity  of 
the  schools,  but  to  that  concert  of  feeling  and  action  among  the  inhabitants 
of  districts,  on  which  the  future  success  of  the  schools  depended,  that  a 
rcagitation  of  .the  topics  involved  in  it  was  not  deemed  expedient,  until 
time  had  somewhat  mitigated  past  asperities,  and  given  opportunity  for  that 
calm  reflection  which  could  not  fail  to  teach  sensible  men  the  folly  of  peril- 
ing interests  so  high  and  dear,  by  like  causes  in  future. 

The  preceding  considerations  not  only  prevented  the  undersigned  from 
urging  plans  of  change  immediately,  the  ultimate  utility  of  which  he  con- 
sidered unquestionable,  but  from  mentioning  others  which  have  elicited 
much  popular  discussion  and  advocacy,  but  in  regard  to  the  present  or 
abstract  expediency  of  which,  or  in  regard  to  the  precise  details  for  safely 
and  wisely  carrying  out  which,  his  own  views  were  not  fully  matured. 
Practicing  the  same  caution  which  he  urged  on  the  Legislature,  he  preferred, 
as  then  avowed,  to  bring  to  his  aid  the  observation  and  experience  of 
another  year,  before  making  propositions  in  regard  to  which  any  of  the 
above  doubts  were  entertained,  subjects  of  official  recommendation  or  cen- 
sure. 

The  question  now  arises,  has  the  proper  period  yet  arrived  for  any  material 
revision  of  our  school  laws?  Have  existing  defects  proved  so  serious  as  to 
demand  it?  If  so,  has  sufficient  time  been  given  for  experience  to  add  its  sug- 
gestion to  those  of  sound  theory,  in  indicating  the  appropriate  remedies? 
Have  the  fires  of  controversy  so  far  died  away,  as  to  permit  that  unanimity 
of  purpose  and  effort  which  are  indispensable  to  success? 

On  the  whole,  the  undersigned  is  disposed  to  answer  these  questions  affirm- 
atively ;  to  assume  that  the  time  has  arrived  when  sound  conservatism  lies 
in  action.  Existing  defects,  as  will  presently  be  shown,  are  deep  seated, 
and  are  exerting  widely  pernicious  influences.  A  three  years'  lull  in  school 
legislation  has  afl^orded  a  reasonable  opportunity  for  examination.  The  final 
decision  by  the  court  of  last  resort  that  the  free  school  law  of  1849  is 
unconstitutional,  has  to  great  extent,  ended  the  heart-burnings  which  its 
enactment  engendered.  No  accumulation  of  great  and  doubtful  questions 
of  State  policy,  it  would  now  appear,  will  press  upon  the  Legislature  to 
engross  its  time  and  attention.  A  Superintendent  comes  into  office,  to  act 
as  the  official  aider  and  adviser  of  the  Legislature,  who  is  not  called  upon 
to  express  opinions  on  an  imperfectly  tried  past,  or  on  freshly  broached 
theories  of  the  future;  nor  will  his  action  be  necessarily  cramped  by  the 
ultraism  and  the  jealousies  of  excited  school  factions.  On  all  of  these 
accounts  the  seriod  would  seem  to  be  as  srocitious  for  action,  as  any  which 


FREE   SCHOOLS  427 

the  difficult  and  not  very  flexible  circumstances  which  invest  the  subject  will 
permit  to  occur.  And  if  a  revision  is  entered  upon,  expediency  would  seem 
to  require  that  it  be  made  as  complete,  even  to  minor  details,  as  practicable, 
both  to  the  end  that  all  the  parts  of  the  system  may  be  made  to  harmonize, 
and  to  avoid  the  necessity  of  the  those  speedy  amendments  which  will  con- 
tinue to  keep  the  system  unsettled. 

The  parts  of  the  school  system  which  require  revision  are  those  connected 
with  its  pecuniary  structure,  and  those  which  determine  its  success  in  its 
first  main  object  of  educating  the  young.  They  will  be  examined  in  this 
order. 

The  $800,000  School  Tax 

Attention  was  called  last  year  to  the  obvious  fact  that  if  a  tax  yielding  a 
fixed  amount  met  the  wants  of  the  schools,  and  justly  determined  the  pro- 
portion in  which  the  property  of  the  State,  as  such,  should  contribute  to  the 
support  of  popular  education,  in  any  given  year,  it  certainly  could  not  fulfil 
these  conditions  five  years  afterwards,  when  both  population  and  property 
had  largely  advanced.  The  increase  of  population  would  necessarily  dimin- 
ish the  allowance  to  each  scholar,  and  the  increase  of  property  would  dimin- 
ish the  percentum  of  its  burthen.  The  gradual  exemption  of  wealth  at 
the  expense  of  a  corresponding  depression  of  popular  education,  is  a  policy 
which  will  find  few  advocates.  As  one  of  the  compromises  which  followed 
the  repeal  of  the  free  school  law  of  1849,  an  immediate  disturbance  of  this 
provision  was  not  recommended  last  year;  but  it  is  obvious  that  no  revision 
of  the  school  system  would  be  complete,  or  would  obtain  general  acquiescence 
beyond  a  short  period,  which  should  fail  to  change  a  basis  of  taxation, 
which,  for  this  specific  purpose,  is  so  unsound  in  theory  and  so  pernicious 
in  practice. 

A  mill  tax  on  the  property  of  the  State  was  recommended  last  year  as 
the  proper  ultimate  substitute  for  the  present  one.  It  was  recommended 
by  a  previous  Superintendent,  and  it  seems  to  be  the  rate  of  state  taxation 
for  school  purposes,  generally  fixed  upon  by  the  investigating  friends  of 
popular  education,  as  the  one  best  calculated  to  do  justice  to  all  interests. 
The  wealth  of  the  State  has  virtually  acquiesced  in  its  property  by  assenting 
to  the  present  tax,  which  when  it  was  imposed,  exceeded  a  mill  on  the  dollar 
of  the  assessed  value  of  the  property  of  the  State.  Its  adoption  would 
probably  be  accepted  by  all  parties  as  a  final  disposition  of  the  subject. 

Distribution  of  the  School  Moneys 
The  distribution  of  the  public  school  moneys  in  a  manner  to  confer  an 
equal  share  of  their  benefits  on  localities  and  individuals,  has  been  found 
attended  with  great  difficulty.  Prior  to  1849,  the  proceeds  of  the  school  fund 
and  an  equal  sum  raised  by  the  towns,  were  ultimately  divided  among  the 
towns  on  basis  of  population,  and  among  the  school  districts  on  the  basis 
of  the  pupils  returned  as  residing  in  them.  This  plan  of  distribution  op- 
erated greatly  to  the  advantage  of  populous  and  wealthy  districts,  over  districts 
differently  situated  in  these  particulars.  The  expense  of  a  small  or  a  large 
school  of  the  same  grade,  does  not  greatly  vary.  In  thinly  populated  regions, 
a  district  not  too  large  to  admit  of  convenient  access  to  the  schoolhouse, 
would  necessarily  include  but  a  small  population,  and  consequently,  but 
a  small  number  of  scholars ;  and  the  same  causes  whidi  lead  to  the  limita- 


428  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

tion  of  population,  generally  lead  to  the  limi*tation  of  wealth.  A  distribution 
based  on  the  number  of  pupils,  would  give  to  such  a  district  a  comparatively 
small  amount  of  money;  would  consequently  lead  to  the  imposition  of  more 
onerous  rate  bills  and  the  latter  would  fall  where  there  was  the  least  ability 
to  pay  them.  Yet  this  system  was  long  acquiesced  in.  Both  the  law  and 
public  sentiment  recognized  the  cost  of  education  as  mainly  a  personal 
burthen,  which  every  man  was  required  to  incur  for  his  own  offspring. 
Following  out  the  same  idea,  it  was  not  felt  that  the  Legislature  had  a 
right  to  attempt  to  equalize  the  burdens  of  education,  as  between  localities 
or  individuals,  by  adopting  any  peculiar  system  of  distributing  the  public 
moneys  specifically  designed  to  attain  that  end;  but  rather  that  it  was  bound 
to  give  every  scholar  his  pro  rata  share  of  those  moneys,  and  leave  parents  to 
provide  what  was  further  necessary  as  best  they  might. 

A  different  theory  as  to  Avhere  rested  the  responsibility  of  educating  the 
people;  began  to  prevail.  As  ignorance  is  the  parent  of  crime  and  civil 
disorder,  it  was  claimed  that  a  free  government  was  bound  to  provide  for  its 
own  stability,  and  wealth  to  pay  for  its  own  security,  by  assuming  the 
burthen  of  popular  education.  It  was  insisted  that  after  using  the  revenues 
set  apart  by  the  government  for  that  purpose,  the  common  schools  of  the 
State  ought  to  be  supported  by  a  direct  tax  on  property.  This  principle,  to 
its  fullest  extent,  was  engrafted  into  our  laws  in  1849.  This  wholly  changed 
the  theory  on  which  a  proper  distribution  of  the  school  moneys  rested.  If 
the  property  of  the  State  is  required  to  support  the  education  of  the  State, 
it  follows,  that  the  benefit  received  by  it  being  everywhere  the  same,  its 
burthens  should  in  like  manner  be  the  same.  And  another  important 
principle  came  into  operation.  When  the  State  determined  that  education 
should  be  supported  by  public  contribution,  it  gave  to  every  citizen  a 
common  and  equal  right  to  the  benefits  accruing  therefrom.  The  spirit  and 
theory  of  the  law  was,  not  to  aid  parents  in  educating  their  offspring  by 
dividing  a  particular  sum  of  money  between  them,  but  that  the  State  should 
assume  the  whole  expense  of  such  education,  and  raise  whatever  sum  was 
necessary  therefor.  Every  child  was  equally  entitled  to  an  education, 
whether  residing  in  the  heart  of  the  city  of  New  York,  or  on  the  hills  of 
Hamilton  county.  But  wholly  overlooking  the  principles  on  which  it  was 
based,  the  "  free  school  act "  of  1849,  substantially  retained  the  previously 
existing  plan  of  distribution:  to  counties  and  towns  on  the  basis  of 
population,  to  school  districts  on  that  of  enumerated  pupils.  Not  only  was 
the  cardinal  theory  of  the  law  thus  violated,  but  the  unequal  effects  of  such  a 
distribution,  when  applied  to  such  increased  sums  of  money,  became  vastly 
more  apparent  than  under  the  old  law.  In  the  densely  populated  districts 
of  cities  and  villages,  the  schools  received  more  than  was  sufficient  for  their 
support  from  the  avails  of  the  school  fund  and  from  county  and  town 
taxes,  while  in  the  thinly  inhabited  country  districts,  it  was  necessary  to 
resort  to  additional  and  onerous  district  taxes  (which  had  now  taken  the 
place  of  rate  bills)  to  make  up  deficiencies.  It  sometimes  happened  that 
this  additional  district  tax  reached  several  mills  on  the  dollar;  thus  making 
a  practical  difference  of  two  or  three  hundred  per  centum  in  the  taxation 
of  adjacent  and  not  unfrequently  adjoining  property,  to  attain  an  object 
from  which  the  benefits  derived  were  equal,  and  the  duty  of  contributing 
to  the  attainment  of  which  was  consequently  equal. 


FREE    SCHOOLS  429 

Results   so   flagrantly   unjust,   could   not   long  be   tolerated.     The   rural 

regions  crushed  by  the  operation  of  the  law,  through  their  representatives, 
repealed  it.  The  agricultural  population  of  the  State  have  ever  shown  that 
they  prize  the  blessing  of  universal  education,  and  are  willing  to  make  as 
many  sacrifices  to  secure  it,  as  the  inhabitants  of  cities.  They  demonstrated 
this  by  patiently  paying  more  in  proportion  to  their  property,  than  the  latter, 
to  educate  their  children,  for  a  period  of  more  than  fifty  years  anterior  to 
1849.  It  was  the  structure  and  not  the  principle  of  the  free  school  law  of 
1849,  which  gave  to  the  popular  vote  on  it  so  well  defined  a  local  classification. 
The  country  cordially  united  with  the  cities  in  passing  the  school  act  of 
1851,  which  was  intended  to  recognise  the  same  main  principle,  that  the 
property  of  the  State  shall  educate  the  children  of  the  State. 

The  act  of  1851  distributes  two-thirds  of  all  the  public  money,  on  the 
previously  established  basis.  But  to  guard  against  the  local  inequalities 
before  produced,  it  provides  that  one-third  of  the  public  money,  (excepting 
library  money)  shall  be  divided  by  districts ;  in  other  words,  that  every 
district  in  the  State,  wholly  irrespective  of  its  number  of  pupils,  shall 
receive  an  equal  share  from  it.  This  has  effectually  relieved  the  country 
districts.  It  is  strenuously  urged  in  many  quarters  that  it  has  done  more 
than  this  —  that  it  has  turned  the  scale  in  the  opposite  direction,  and  made 
the  burthen  of  supporting  schools  lighter  both  to  property  and  persons,  in 
the  country,  than  in  the  cities  and  villages.  In  proof  of  this,  such  statistics 
as  the  following  are  pointed  to :  The  number  of  pupils  (between  four  and 
twenty-one),  reported  in  the  city  of  New  York,  in  1850,  was  120,812.  These 
were  included  in  215  districts,  making  561  pupils  for  each  district.  The 
share  which  each  district  in  the  State  received  from  the  equally  divided 
one-third  of  the  public  moneys,  was  $29.85 ;  and  consequently  all  the  New 
York  schools  received  from  this  source  $6417.75.  The  six  counties  of 
Allegany,  Madison,  Oswego,  Otsego,  St.  Lawrence,  and  Steuben,  did  not 
report  quite  an  equal  number  of  pupils,  viz.,  120,124.  But  these  were  arranged 
in  1914  districts,  and  their  share  in  the  one-third  division,  was  $57,132.90. 
New  York  contributed  $255,670.80  toward  the  $800,000  State  school  tax;  the 
above  named  counties  contributed  $55,667.75.  New  York,  over  and  above 
that  portion  of  its  contribution  to  the  state  tax  which  was  disbursed 
within  its  own  limits,  paid  an  excess  to  support  education  in  other  counties, 
of  $129,971.91.  In  the  six  counties  named,  there  was  no  excess  over  their 
own  disbursements,  but  a  deficiency-  of  $54,027.38  to  be  made  up  from  the 
excesses  in  other  counties.  All  the  pupils  in  the  city  of  Utica  were  included 
in  one  district  and,  consequentlj',  received  but  one  share  from  the  distribution 
by  districts.  Yet  Utica  included  more  pupils,  and  paid  more  taxes  than 
half  a  dozen  of  the  country  towns  in  the  same  county,  which,  perhaps, 
received  nearly  a  hundred  such  shares.  Examples  like  the  above,  are  to  be 
found  throughout  the  State. 

Striking,  and  at  first  view,  seemingly  unjust  as  are  these  results,  no  valid 
objection  can  be  made  to  the  provision  of  law  which  produces  them,  pro- 
viding it  produces  the  concurrent  results  of  everywhere  equal  taxation,  and 
everywhere  equal  facilities  for  education.  If  the  doctrine  maintains  that  the 
property  of  the  State,  as  such,  shall  support  public  education,  no  sound 
reason  can  be  assigned  why  its  aggregation  in  cities  shall  relieve  it  from 
paying  as  much  on  the  dollar  for  that  object,  as  is  paid  by  the  more  thinly 


430  THE   UNIVERSITY    OF   THE   STATE    OF    NEW   YORK 

diffused  wealth  of  the  country;  or  why,  as  has  been  sometimes  urged,  county 
Hues  should  limit  its  disbursement.  If  the  doctrine  maintains  that  the 
wealthy  individual,  though  he  have  no  children,  shall  aid  poorer  neighbor  in 
paying  for  schools,  no  sound  reason  can  be  assigned  why  the  wealthy  county 
or  neighborhood  shall  not  aid  the  poorer  one  for  the  same  end.  It  is  no 
greater  hardship  for  New  York  to  aid  Oneida,  than  it  is  for  the  city  of 
Utica,  in  that  county,  to  aid  one  of  its  poorer  towns,  and  the  hardship  is 
greater  in  neither  case  than  it  is  to  tax  any  one  individual  for  the  benefit 
of  another.  The  only  theory  on  which  a  state  tax  for  education  can  be 
defended  at  all,  is  that  education  is  a  common  concern  and  interest,  as  much 
as  the  support  of  government;  and  who  thinks  of  claiming  that  the  sums 
raised  by  tax  for  the  latter  purpose,  shall  be  exclusively  disbursed  in  the 
counties  where  they  arc  collected?  That  education  is  a  common  concern 
and  interest,  in  practice,  no  one  will  dispute.  The  vice  and  crime  which 
it  is  intended  to  prevent,  are  hedged  in  by  no  county  or  town  lines.  The 
burglar  who  marauds,  or  the  incendiary  who  lays  in  ashes,  the  wealth  of 
cities,  may  come  from  the  country.  If  ignorance  and  demoralization  con- 
taminate the  purity  of  elections  in  one  election  district  of  a  city,  the 
corrupt  vote  of  that  district  may  control  results  which  will  be  felt  for 
generations  on  every  farm  and  in  every  hamlet  of  the  State.  Government 
must  abandon  the  theory  that  it  is  its  province  to  educate  the  people,  or  it  is 
bound,  so  far  as  laws  can  reasonably  accomplish  it,  to  make  the  burthens 
and  benefits  of  any  system  v/liich  it  employs  for  this  object,  alike  throughout 
every  square  mile  and  between  every  individual  within  its  borders. 

But  while  wealth  can  justly  claim  no  exemption  or  privilege  from  its 
aggregation  in  localities,  it  would  be  equally  dishonest  and  short  sighted 
to  take  advantage  of  numbers  to  rob  it,  anywhere,  of  an  equal  share  of  those 
benefits  to  which  it  so  largely  contributes.  Owing  to  the  fact  that,  under 
special  laws,  the  moneys  necessary  to  defray  the  expense  of  schools,  beyond 
the  public  moneys,  are  usually  raised  in  cities  by  city  taxes,  while  in  the 
country  the  rate  bill  system  was  restored  by  the  act  of  1851,  it  is  difficult  to 
present  numerical  or  other  definite  statistics,  to  show  the  amount  of  such 
extra  cost  as  between  city  and  country  districts.  But,  from  the  best  sources 
of  information,  within  his  possession,  it  is  the  opinion  of  the  undersigned 
that  this  is  now  greater,  and  necessarily  greater,  in  the  former  than  in  the 
latter.  In  other  words,  he  believes  that  the  one-third  equal  distribution  by 
districts,  more  than  protects  the  country,  and  inflicts  an  unequal  burthen  on 
the  city  districts.  Incidentally,  it  is  productive  of  another  evil.  No  one 
familiar  with  the  subject  of  education  need  be  informed  of  the  superior 
advantages  in  point  of  economy,  classification,  and  effective  action,  which 
large  schools  possess,  where  the  density  of  population  admits  of  them, 
over  small  schools.  A  distribution  which  gives  as  much  from  one-third  of 
the  public  moneys  to  a  school  of  fifty  scholars,  as  to  one  of  a  thousand, 
necessarily  operates  as  a  penalty  on  the  formation  of  large  schools ;  indeed,  it 
directly  encourages  and  promotes  subdivision.  Efforts  are  constantly  made 
to  divide  districts  now  scarcely  strong  enough  to  support  good  schools,  where 
one  of  the  prominent  inducing  motives  must  be  unquestionably  looked  for  in 
this  provision  of  law,  or  at  least,  which  never  would  have  been  thought  of 
but  for  this  provision.  Boards  of  education  act  independently  in  these 
matters ;  and  when  such  provisions  are  made  by  town  superintendents,  unless 


FREE   SCHOOLS  43I 

their  acts  arc  appealed  from,  the  evil  cannot  be  arrested  by  this  department. 
Many  such  arc  undoubtedly  made,  without  a  shadow  of  reason  or  sound 
policy  to  justify  them. 

The  necessary  measures  to  place  the  distribution  of  the  public  school 
moneys  on  a  just  and  equal  footing,  demand  the  serious  attention  of  the 
Legislature.  A  recurrence  to  the  plan  of  division  by  inhabitants  and  by 
pupils,  in  force  prior  to  1851,  would  seem  to  be  out  of  the  question,  as  it 
produced  far  greater  pecuniary  inequalities  than  are  produced  by  the 
present  one,  and  its  effects  were  even  more  disastrous  proportionably,  to 
popular  education,  because  they  fell  on  the  localities  and  individuals  where 
there  was  the  least  ability  to  meet  them.  The  undersigned  suggests  that  the 
distribution  of  one-third  of  the  public  moneys  by  districts  (with  the  same 
exception  as  now,  of  library  moneys)  be  continued  in  force,  but  that 
for  the  purposes  of  such  distribution,  every  district  containing  .  .  . 
pupils,  shall  for  every  additional  pupil,  receive  another  and  the  same  share 
of  the  public  moneys  as  a  separate  school  district.  The  undersigned  has 
not  had  opportunity  to  make  the  comparisons  which  would  furnish  accurate 
data  to  fill  the  above  blanks.  If  properly  filled,  the  present  inequalities 
would  be  corrected,  and  that  discrimination  which  the  law  now  practically 
makes  against  large  schools,  removed  in  the  most  effectual  manner.  They 
should  be  filled  with  numbers  low  enough  to  afford  a  just  measure  of 
relief  to  city  and  village  districts,  but  still  sufficiently  high  to  prevent  the 
legitimate  objects  of  the  one-third  equal  distribution  from  being  defeated. 
The  propriety  of  such  a  measure,  in  the  abstract,  has  already  been  distinctly 
acquiesced  in  by  the  Legislature.  That  body,  with  great  unanimity,  passed 
an  act  on  the  i8th  day  of  June  last,  which  provided  that  "  union  free  schools," 
formed  by  the  consolidation  of  two  or  more  districts,  should  continue  to 
receive,  for  five  years,  the  same  sum  from  the  one-third  of  the  public  moneys 
divided  by  districts,  to  which  the  districts  composing  them  would  have  been 
entitled  had  they  remained  unconsolidated.  To  encourage  this  most  useful 
class  of  schools,  often  established  and  kept  up  under  great  inconveniences  to 
attendance,  it  is  recommended  that  the  above  provision  in  their  favor  be 
made  permanent.  The  large  city  schools,  whether  formed  by  consolidation 
of  districts  or  not,  are  substantially  union  schools.  They  have  the  same 
system  of  classification,  as  regards  teachers  and  pupils,  and  the  higher 
branches  of  learning  are  also  taught  in  them.  To  apply  the  same  rule  to 
them  that  has  already  been  applied  to  union  schools,  with  the  exception  of 
allowing  a  fixed  number  of  pupils  to  represent  a  district,  would  seem  to  be 
a  measure  not  only  commended  by  justice,  so  far  as  themselves  are  con- 
cerned, but  it  is  believed  that  it  will  afford  the  safest  means  for  fairly 
adjusting  the  pecuniary  burthens  of  our  school  system. 

The  undersigned  has  discussed  the  above  subject  at  considerable  length, 
because  he  has  felt  that  it  is  the  great  and  difficult  one  pertaining  to  the 
financial  structure  of  our  school  system.  It  involves  an  adjustment  of  rights 
and  duties  between  powerful  and  antagonizing  monetary,  and  unfortunately, 
sectional  interests.  To  guard  against  that  excited  popular  controversy,  ever 
so  hurtful  to  our  schools,  it  is  necessary  that  this  question  be  approached  in 
a  spirit  of  great  candor  and  caution.  He  is  usually  held  excusable  who 
asserts,  even  to  the  extreme,  the  interests  of  his  locality.  But  that  man 
cannot  be  held  excusable,  who  to  attain  a  local  advantage,  would  take  one 


432  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

step  to  impair  tiie  love  and  confidence  of  our  whole  people  in  that  great 
and  beneficent  institution,  established  by  the  wisdom  of  our  forefathers,  the 
influences  of  which  should  enter  every  house,  to  surround  its  firesides  with 
intelligence;  to  cooperate  with  religion  in  laying  the  foundations  of  private 
and  public  virtue;  and  to  protect  and  preserve  the  State  by  training  up 
generations  of  men  worthy  to  discharge  that  duty.  .  .  . 

He  again  recommends  that  the  school  districts  of  the  State  he  divided  into 
as  many  academy  districts  as  there  are  now,  or  may  hereafter  be  academies ; 
that  each  academy  be  required  to  annually  receive  from  the  common  schools 

in  its  district,  and  gratuitously  educate  a  pupil  for  every  $ received 

from  the  State;  and  that  colleges  be  required  to  receive  pupils  from  such 
free  departments  in  a  prescribed  number  of  academies,  on  the  same  footing. 
The  pupils  from  the  district  schools  should,  probably,  be  selected  by  town 
superintendents;  the  basis  of  selection  being  a  certain  grade  of  educational 
qualification,  ability  as  manifested  by  a  rapid  progress  in  learning,  and 
general  merit. 

The  entire  feasibility  of  carrying  the  above  plan  into  successful  practice, 
fortunately  does  not  rest  on  conjecture.  The  New  York  Free  Academy 
receives  its  pupils  on  the  basis  above  recommended,  from  the  common 
schools  of  the  city,  and  it  educates  them  gratuitously.  Its  doors  are  as 
open  to  the  poor  as  to  the  rich.  It  has  been  in  operation  several  years, 
and  no  difficulties  are  found  in  carrying  out  the  arrangements  made  nec- 
essary by  its  peculiarity  of  organization.  On  account  of  the  principle 
adopted  in  their  selection,  its  pupils,  representing  every  social  and  pecuniary 
stratum  of  society,  present  a  uniformly  high  grade  of  scholarship  and 
ability,  which  it  would  be  almost  impossible  to  find  in  an  academy  receiving 
pupils  in  the  ordinary  method.  So  marked  has  been  its  success  and  so 
auspicions  the  results  of  the  plan,  that  the  hope  expressed  by  the  undersigned, 
last  year,  that  a  college  organized  on  the  same  basis,  would  be  soon  estab- 
lished in  New  York,  is  likely  to  be  realized.  The  time  is  probably  not  far 
distant,  when  free  academies,  required  to  receive  their  pupils  exclusively  on 
the  ground  of  educational  qualifications  and  merit,  will  be  founded  in  all 
the  principal  cities  of  the  State.  A  free  college,  with  the  same  tests  of 
admission,  already  exists,  the  "  Hobart  Free  College,"  at  Geneva.  The 
undersigned  has  obtained  a  knowledge  of  its  affairs  from  official  sources, 
and  here,  too,  the  plan  advocated  meets  with  deserved  success.  .  .  . 

It  was  shown,  last  year,  that  the  distribution  of  the  public  moneys  to 
academics  and  colleges  in  the  method  above  proposed,  would  result  as  favor- 
ably to  them,  pecuniarily,  as  the  present  one.  In  another  and  equally  import- 
ant particular,  it  would  materially  promote  their  interests.  It  is  useless  to 
attempt  to  disguise  the  fact  that  the  donations  of  the  public  funds  to  these 
institutions,  as  now  constituted,  are  regarded  with  jealousy  and  aversion  by  a 
not  inconsiderable  portion  of  the  community.  Unmistakable  manifestations 
of  this  feeling  have  been  witnessed  in  our  legislative  halls  and  elsewhere. 
Is  it  wonderful,  under  the  circumstances,  that  it  should  be  so?  Demagogues, 
mistaking  the  sources  of  this  feeling,  have  denounced  the  higher  institutions 
of  learning;  and  superficial  observers  have  mistaken  their  railings  for 
embodiments  of  popular  sentiment.  But  the  body  of  the  people  entertain 
no  such  views.  They  know  too  well  that  we  owe  our  existence,  as  a 
nation,  to  high  popular  and  individual  intelligence,  more  than  to  the  sword. 


FREE   SCHOOLS  433 

They  do  not  forget  the  solemn  voice  of  the  Father  of  his  country,  pleading 
for  higher  as  well  as  lower  institutions  of  learning.  They  do  not  need  to  be 
reminded,  that  the  great  statesman  who  went  farthest  in  the  doctrine  of  human 
equality  —  who  did  most  to  obliterate  every  vestige  of  artisocracy,  privilege 
and  rank — desired  it  to  be  recorded  in  his  epitaph,  as  one  of  the  three 
crowning  acts  of  his  life,  that  he  was  the  founder  of  the  University  of 
Virginia.  No  part  of  the  people  of  New  York,  would  contribute  to  the  over- 
throw of  those  seats  of  learning,  where  their  own  Clintons  Livingstons, 
Jays  and  Hamiltons,  had  the  talents  nurtured  and  disciplined,  which  laid 
the  foundations  of  *the  State,  developed  its  physical  resources,  and  started  it 
onward  in  its  career  of  prosperity  and  greatness.  But  a  large  portion  of  its 
citizens  demand,  and  have  a  right  to  demand,  that  where  they  give  they 
shall  also  receive  —  that  the  doctrine  of  an  absolute  and  practical  equality  in 
privileges,  which  the  onward  march  of  public  sentiment  has  introduced  into 
one  class  of  our  public  schools,  shall  prevail  in  all  our  public  schools,  so  far 
as  they  are  sustained  by  the  State.  This  done,  all  vestige  of  antagonism 
between  the  higlier  and  lower  ones,  is  at  once  swept  away.  Indeed,  the 
poor  man  will  feel  that  he  has  a  deeper  interest  in  sustaining  the  academies 
and  colleges,  than  the  rich  man,  because  he  can  alone  obtain,  through  them, 
those  advantages  for  his  offspring,  which  the  money  of  the  other  could  buy 
from  other  sources.  He  will  toil  on  through  life  unrepiningly,  when  he 
knows  that  by  the  justice  of  a  parental  government,  the  avenues  to  wealth, 
preferment  and  renown,  are  made  as  open  to  his  children  as  to  those  of 
the  most  fortunate  or  most  favored  citizen  of  the  land.  The  winter  cold 
and  the  scorching  heat  will  be  welcome  to  him,  his  plain  food  and  lowly 
pallet  will  be  sweet  to  him,  greater  privations  if  necessary  will  be  cheerfully 
endured  by  him,  when  he  reflects  that  his  son,  if  gifted  for  the  task,  may  be 
prepared  to  go  forth  like  the  son  of  the  small  New  Hampshire  farmer, 
to  see  wealth  and  power  bow  down  about  him ;  to  have  senates  and  nations 
hang  on  his  words ;  to  leave  the  impress  of  his  mind  on  the  arts,  institutions 
and  literature  of  a  people,  and  on  the  destinies  of  a  race.  And  that  son 
will  not  only  weep  like  Webster,  when  he  remembers  the  sacrifices  of  a 
noble  parent,  but  with  gratitude  for  what  he  owes  to  the  just  beneficence 
of  his   country. 

Press  Comment 
The  serious  opposition  to  the  school  law  that  had  "  obvious  and 
universally  conceded  defects  "  continued.  The  friends  of  the  free 
school  principle  began  to  realize  that  some  plan  must  be  devised 
whereby  the  best  in  the  law  might  be  preserved  and  still  appease 
the  opposition.  This  movement  is  best  illustrated  in  the  follow- 
ing editorials  that  appeared  in  the  "Journal  of  Education  and 
Teachers  Advocate  "  and  in  other  periodicals  of  that  day. 

[Journal    of    Education    and   Teachers'   Advocate,    Tuesday,    Dec.    I,    1850. 

p.  372]    (Editorial) 

Free  Schools 

We  hope  the  majority  sustaining  the  free  schools,  will  be  found  satisfac- 
tory to  the  Legislature  soon  to  assemble,  and  to  the  people  of  the  State 

28 


434  THE  UNIVERSITY   OF  THE  STATE  OF   NEW   YORK 

even  though  it  maj'  fall  short  of  100,000.  The  great  principle  being  now 
settled,  the  law  is  open  for  amendment.  The  objectionable  features  of  it, 
and  we  have  always  thought  there  were  such,  may  be  so  altered  as  to 
become  acceptable  to  every  liberalised  sane  man  who  has  property  to  be 
protected,  or  children  to  be  educated. 

We  have  all  along  seen  that  the  hastily  drawn,  and  ill  devised  provisions 
of  the  law  were  in  many  respects  objectionable;  and  the  premature  way  in 
which  it  was  sprung,  by  its  enemies,  upon  the  people,  before  the  necessary 
means  were  procured  for  carrying  out  its  details,  jeopardized  the  popularity 
and  stability  of  the  whole  system.  Our  fears  were  that  the  whole  matter 
had  become  so  essentially  mystified,  that  the  people  would  in  disgust  or  in 
despair,  abandon  the  whole  matter. 

Before  the  election  we  felt  assured  that  a  vast  majority  of  the  people  of 
this  State  were  in  favor  of  free  schools,  that  they  sincerely  desired  that  the 
whole  people  might  be  educated  and  qualified  for  citizenship.  Yet  still  there 
was  a  lingering  fear  in  our  mind  that  the  whole  subject  was  getting  so 
beset  with  collateral  issues  as  to  endanger  the  great  principle  of  the  free- 
dom of  knowledge  We  rejoice  that  that  matter  is  now  settled.  While  the 
people  have  almost  with  one  voice  agreed  that  the  present  law  is  imperfect 
and  unequal  in  its  provisions,  yet  they  would  rather  take  it  with  its  radical 
evils  than  to  run  the  risk  of  placing  themselves  in  a  false  position  because 
of  this  feeling  of  opposition  to  curable  faults. 

We  congratulate  the  good  people  of  the  State  upon  these  decisions.  And 
we  pray  the  Legislature  that  they  correct  the  errors  in  the  law,  making  it  a 
subject  of  prominent  interest  to  see  that  provisions  are  made  to  educate,  in 
all  the  common  school  branches,  every  child  in  the  State. — Journal  of  Edu- 
cation and  Teachers  Advocate,  December  i,  1850 

Memorial  on  Free  Schools 
By  Westchester  County  Board  of  Supervisors 

To  the  Legislature  of  the  State  of  New  York: 

The  board  of  supervisors  of  the  county  of  Westchester,  in  their  collective 
and  individual  capacity,  would  respectfully  present  the  following  views  on 
the  subject  of  amending  the  law  in  relation  to  free  schools. 

That  they  regard  the  recent  action  of  those  electors  who  voted  for  the 
repeal  of  the  school  law,  as  arising  more  from  the  peculiar  features  and 
imjust  and  unequal  operation  of  tl^  law,  than  from  any  inherent  opposition 
to  the  principles  of  general  education ;  and  therefore  most  earnestly  and 
respectfully  urge  upon  your  honorable  body,  such  amendments  to  the  new 
school  law  as  will  remove  well  founded  objections,  and  secure  a  fair  and 
equitable  taxation  of  the  property  of  the  State  for  the  accomplishment  of 
this  important  feature  of  republican  government,  and  render  the  Law  accept- 
able to  the  body  of  the  people. 

Local  and  frequent  taxations  are  always  onerous  and  unsatisfactory  to 
the  people ; —  and  your  memorialists,  would  in  view  of  this  fact,  urge 
that  your  honoroble  body  pass  and  enact  a  law  taking  the  property  of  the 
State  for  the  support  of  free  schools  throughout  the  State;  and  the  present 
system  of  direct  taxation  and  raising  money  in  the  several  school  districts 
for  school  purposes  be  aibolished:  and  we  recommend  the  formation  of  a 


FREE   SCHOOLS  435 

board  of  county  education  in  the  several  counties  of  the  State,  similar  to  the 
city  of  New  York. — Journal  of  Education,  January  i,  1S51 

Free  Schools 

The  Hon.  Henry  A.  Wise  of  Accomac,  Va.,  recently  delivered  an  address 
at  Northapmton,  Virginia,  on  Popular  Education  from  which  the  following 
is  extracted. 

"  The  rich  bachelor,  or  man  who  has  no  children  and  much  propertj', 
should  be  taxed  most  of  all,  if  any  distinction  of  persons  at  all  were  made. 
He  who  has  wealth  and  no  children,  needs  the  protection  of  the  state  and 
the  community  in  which  he  lives  for  the  security  of  his  person  and  of  his 
property,  and  he  has  selfishly  evaded  (the  bachelor  I  mean)  the  burthens 
in  society  of  supporting  a  wife  and  family  of  children  —  the  highest  duty 
of  a  good  citizen.  He  wants  virtue  and  wants  knowledge  in  all  around  him 
to  guard  his  possessions,  and  ought  he  not  to  pay  his  part  of  the  expenses 
of  the  guards?  The  free  schools  are  the  guards  of  all  persons  and  prop- 
erty where  they  exist,  and  without  knowledge  and  virtue  among  the  people, 
the  state,  with  all  its  powers,  can  not  support  people  and  property.  Has  the 
churlish  miser  a  suit  pending  involving  thousands  of  his  hoarded  gold? 
Who  is  to  be  the  jury  to  try  the  fate  of  his  dollars?  Can  they  read,  and 
write  and  cipher?  Does  the  bachelor  sue  for  injury  to  his  character?  Do 
the  juries  where  he  lives  value  reputation?  Does  he  want  a  piece  of  work 
done  requiring  skill?  Are  mechanics  where  he  lives  men  of  skill,  well 
instructed  in  their  business?  The  free  schools  would  give  him  juries  capa- 
ble of  constructing  his  will  when  he  dies,  and  a  mechanic  skilled  enough 
to  construct  his  coffin,  or,  it  might  be,  a  divine  to  preach  his  funeral  ser- 
mon !  " — Journal  of  Education,  January  i,  1851 

The  School  Law 

The  subject  of  greatest  importance  to  be  brought  before  the  Legislature 
at  the  coming  session  is  undoubtedly  that  of  the  new  school  law.  No  other, 
touches  the  interests  of  every  neighborhood  in  its  pecuniary,  social,  moral, 
and  intellectual  elements  so  nearly  or  will  be  watched  with  half  the  anxiety. 
The  law,  after  having  been  handled  like  a  football  between  the  Legislature 
and  the  people  for  the  last  two  years  comes  back  from  the  late  vote  of  the 
people,  instead  of  being  settled,  in  more  "  questionable  shape "  than  ever. 
The  nominal  majority  against  repeal  is  shown  by  the  official  canvass  to  be 
25,139;  but  this  result  is  produced  by  the  vote  of  New  York  and  other  cities 
which  have  their  separate  and  independent  school  systems,  and  are  entirely 
exempt  from  the  operations  of  this  law.  The  city  of  New  York  alone  gives 
37,827  majority  against  repeal,  while  the  vote  in  other  cities  similarly  situ- 
ated in  reference  to  the  law  adds  several  thousands  to  the  majority.  If  the 
vote  of  the  cities  where  the  law  does  not  apply  had  been  rejected,  as  it 
manifestly  should  have  been,  and  only  those  portions  of  the  State  allowed 
to  vote  which  were  to  be  affected  by  the  law,  the  majority  for  repeal  would 
have  been  nearly  as  large  as  it  is  now  the  other  way. 

That  the  law  in  its  present  shape  can  not  be  executed,  without  destroying 
the  usefulness  of  the  common  school  system,  is  apparent.  The  plan  of 
taxation  under  it,  and  which  is,  practically,  to  be  exercised  by  one  neighbor 


436  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

against  another,  for  his  own  benefit,  is  too  unequal  'to  'be  tolerated ;  and  those 
who  claim  the  most  for  the  vote  at  the  late  election,  only  regard  it  as  an 
approval  of  the  principle  of  free  schools,  and  admit  the  necessity  of  a  radi- 
cal change  in  the  law;  and  if  the  principle,  as  it  is  called,  is  to  be  carried 
out  by  taxation,  it  can  only  be  done  by  a  general  tax  upon  the  whole  prop- 
erty of  the  State.  This,  it  seems  to  us,  is  the  least  that  the  Legislature  can 
think  of  doing,  and  the  vote  in  the  cities  on  the  question  may  be  fairly 
taken  as  an  evidence  of  their  wish  to  make  common  cause  in  a  work  they 
regard  as  so  desirable  for  the  country  and  their  willingness  to  submit  to 
the  necessary  burdens.  But  the  country  members  will  no  doubt,  almost  to 
a  man,  regard  themselves  instructed,  by  the  unmistakable  vote  of  most  of 
the  counties  where  the  law  was  designed  to  operate,  in  favor  of  an  uncon- 
ditional repeal,  and  the  restoration  of  the  old  system ;  and  before  they 
adopt  any  other  plan  than  that  declared  as  the  will  of  their  constituents, 
should  analyze  and  carefully  examine  the  "  free  school  principle,"  as  well 
in  its  probable  operation  and  effects  upon  the  cause  of  education,  as  in  its 
theory,  and  determine  whether  it  owes  most  to  intrinsic  merit,  or  to  the 
favorable  regards  of  those  who  are  interested  in  building  up  and  centraliz- 
ing a  great  state  system  of  education. —  Binghamton  Democrat,  January  2, 
1S51 

The  free  school  question  excites  considerable  interest,  and  the  members 
from  the  several  districts  are  not  satisfied  to  have  the  cities  control  them 
in  all  things.  Many  of  them  admit  that  the  free  school  system  works  well 
in  cities,  but  they  contend  that  it  is  not  adapted  to  the  country. —  Syracuse 
Daily  Star,  January  7,  1851 

The  School  Law 

Among  the  most  important  questions  that  will  come  before  the  Legislature 
during  the  ensuing  session,  will  be  the  revision  of  the  existing  free  school 
law.  We  say,  the  revision,  because  it  is  not  to  be  expected  that  the  law  will 
be  abolished  or  that  the  people  desire  to  retain  it  in  the  present  shape.  Upon 
this  subject,  and  the  matter  of  assessments,  the  New  York  Courier  & 
Enquirer  has  some  very  just  remarks,  which  we  annex  — 

But  the  most  important  subjects  that  will  come  before  the  Legislature, 
will  undoubtedly  be  the  free  school  Law.  This  was  enacted  in  1848  and  sub- 
mitted to  the  action  of  the  people.  It  was  approved  by  an  immense  majority, 
nearly  a  hundred  thousand  of  the  voters  of  the  State.  Great  embarrassment 
was  felt  in  putting  it  into  practice,  but  this  was  obviated  so  far  as  pos- 
sible, by  instructions  from  the  able  and  intelligent  Secretary  of  State,  Hon. 
Christopher  Morgan,  who  was  thoroughly  devoted  to  the  principles  of  the 
law,  and  who  spared  no  pains  to  secure  it  successful  and  satisfactory  opera- 
tion. A  year's,  trial,  however,  showed  very  great  defects  in  the  law.  The 
peculiar  system  of  assessment  which  it  provided  was  found  to  throw  most 
grievous  burthens  upon  those  not  able  to  bear  them;  and  in  various  ways 
the  new  law  became  distasteful  to  the  people  in  very  many  districts  of  the 
State.  Petitions  were  poured  into  the  Legislature  at  its  last  session,  some 
for  the  repeal,  and  others  for  the  amendment  of  the  law.  Partly  to  escape 
the  responsibility  of  acting  upon  so  important  a  matter  which  was  but 
partially  understood,  and  partly  to  escape  amendments  which  were  felt  to 
be  unwise  and  unjust,  the  majority  in  the  Legislature  chose  to   refer  the 


FREE   SCHOOLS  437 

whole  subject  again  to  the  people;  and  a  hill  was  accordingly  passed,  calling 
upon  the  people  to  vote  for  or  against,  the  free  school  principle,—  for  the 
present  law  is,  of  course  open  to  such  amendment  as  may  be  found 
expedient. 

The  result  of  the  vote  is  somewhat  singular.  There  is  a  majority  of 
25,139  against  the  repeal  of  the  free  school  law.  But  the  city  of  New  York 
alone  gave  a  majority  of  over  30,000,  and  all  the  large  cities  in  the  State 
also  gave  a  very  decided  majorities  on  the  same  side.  Now  the  law  itself 
expres.^ly  excepts  the  cities  from  its  operation.  In  all  the  incorporated  cities 
of  the  State,  free  schools  had  already  been  established,  and  were  in  success- 
ful operation  when  the  law  was  passed.  The  law,  therefore,  was,  by  its 
terms,  confined  to  the  country  districts;  and  the  vote  of  these  districts  had 
been  very  distinctly  pronounced  against  it.  But  the  cities  step  in  and  decide 
for  the  whole  State  that  the  law  shall  not  be  repealed, —  that  free  schools 
shall  be  continued  throughout  the  State.  The  question  has  thus  been  acted 
on  as  a  state  question,  as  one  involving  the  interests  of  all  sections, —  of 
all  the  children  in  the  State,  without  reference  to  their  locality.  The  vote 
of  the  people  seems  to  have  decided,  clearly  and  explicitly  enough,  that  all 
the  property  in  the  State  shall  be  taxed  to  give  free  education  to  every  child 
in  the  State. 

The  first  thing,  therefore,  to  be  expected,  is  the  renewal  of  a  proposition 
made  at  the  last  session  to  pay  all  the  expenses  of  the  free  schools  of  the 
whole  State  out  of  the  general  fund.  The  entire  annual  expense  of  the  sys- 
tem was  estimated  at  $800,000;  and  it  was  proposed  to  collect  this  sum 
annually  by  a  tax  upon  property,  and  to  distribute  it  among  the  free  schools 
of  the  State  in  proportion  to  the  number  of  children  taught,  and  the  length 
of  time  in  which  the  schools  should  be  kept  open.  The  effect  of  this  will 
be  to  increase  taxation  for  school  purposes  in  all  the  large  cities  of  the 
State,  and  especially  in  the  city  of  New  York.  The  proportion  of  the  tax 
which  will  fall  upon  this  city  will  be  greater  than  the  proportion  of  money 
they  will  receive.  New  York  City  will  contribute  about  one-third  of  the 
whole  State  tax  for  free  schools,  while  it  will  receive  in  return  but  about 
one-fifth  of  the  amount  collected.  But  when  the  New  York  delegation  shall 
remonstrate  against  this  as  unjust  —  they  will  be  told  that  New  York  has 
decided  that  the  State  shall  have  free  schools,  and  she  must,  therefore,  con- 
tribute her  proportion  of  the  expense  required  to  carry  their  decision  into 
effect.  And  the  reply  is  one,  the  force  of  which  they  will  find  it  exceed- 
ingly difficult  to  evade. 

Our  own  belief  is  that  the  city  of  Nfew  York  will  not  recede  from  the 
high  ground  she  has  taken  in  behalf  of  free  schools,  even  at  the  risk  of 
being  saddled  with  what  she  may  deem  an  unfair  portion  of  the  expense  of 
sustaining  them.  Under  such  a  law.  New  York  City  will  be  required  to 
raise  by  tax,  money  enough  to  sustain  her  own  free  schools,  and  then  to 
contribute  nearly  $200,000  annually,  to  sustain  free  schools  in  the  country 
districts  besides.  And  yet  we  believe  she  would  prefer  the  passage  of  such 
a  law,  to  the  abandonment  of  the  free  school  system  for  the  Empire  State. 
There  is  one  boon,  however,  which  the  city  has  a  right  to  ask  in  return, 
and  one  which  we  tnist  will  not  be  refused :  —  we  mean  a  law  for  equalis- 
ing assessments  of  real  and  personal  property  throughout  the  State.  It  is  a 
fact  universally  known  that  property  in  this  city  is  assessed  at  nearly  its 


438  THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

own  value  —  while  in  the  country  districts,  the  assessments  will  not 
average  more  than  one-third  of  the  value  of  the  property.  The  Comp- 
troller, Hon.  Washington  Hunt,  called  the  attention  of  the  Legislature  at 
its  last  session  to  the  importance  of  remedying  this  inequality,  the  effect  of 
which  is  to  make  the  city  contribute  nearly  double  its  due  proportion  of  the 
state  tax.  We  trust  that  the  coming  session  will  witness  a  renewed  effort 
on  the  subject.  If  the  Legislature  will  make  assessments  upon  property 
equal  throughout  the  State,  we  venture  to  predict  that  this  city  will  uncom- 
plainingly pay  whatever  may  be  her  due  proportion  of  the  money  required 
to  support  free  schools  in  every  district  of  the  great  State,  to  which  it  is  her 
pride  to  belong. —  Syracuse  Daily  Standard,  January  6,  1851 

MEETING    OF    CITIZENS    OF    MONROE    COUNTY    TO 
REGISTER  OPPOSITION  TO  FREE  SCHOOL  LAW 

Free  School  Convention 

A  meeting  of  those  opposed  to  the  present  free  school  law  is  to  be  held 
in  Minerva  Hall  today,  commencing  at  11  o'clock.  The  call  for  this  meeting, 
which  is  published  elsewhere,  emanates  from  the  country,  where  the  great- 
est opposition  to  the  law  exists.  This  city,  in  common  with  every  other  in 
the  State  voted  by  a  large  majority  in  favor  of  it.  It  had  no  interest  to 
do  otherwise^  as  it  has  for  some  years  supported  a  system  of  free  schools, 
at  some  expense.  Our  country  friends,  however,  are  differently  situated, 
and  are  indisposed  to  pay  for  the  establishment  and  support  of  schools  by 
money  drawn  indiscriminately  from  the  body  of  taxpayers,  without  regard 
to  the  benefit  to  be  received.  The  dislike  of  the  law  is  not  confined  to  any 
class  of  taxpayers  but  among  those  expressing  their  hostility  are  some  of 
the  wealthiest  and  most  intelligent  of  the  rural  population.  Their  argu- 
ments were  put  forth  with  much  plausibility  and  cogency;  but,  as  it  turned 
out,  ineffectually.  What  they  now  propose  to  do,  or  wish  to  have  done, 
will  be  set  forth  at  the  meeting.  It  is  not  unlikely  that  they  will  adopt  to 
greater  or  less  extent  the  views  advanced  by  the  school  committee  in  the 
Assembly. —  Rochester  Daily  Democrat,  February  14,  1851 

The  Free  School  Convention 

The  representatives  of  the  opponents  of  the  new  free  school  law,  who  met 
at  Minerva  Hall  yesterday,  were  not  numerous,  but  their  action  was  sum- 
mary and  decided.  Wm.  Shepard,  of  Irondequoit,  occupied  the  chair,  and 
was  assisted  by  several  vice-chairmen.  A  committee,  of  which  Calvin 
Huson,  Esq.,  was  chairman,  reported  in  the  afternoon  a  series  of  resolu- 
tions, expressing  the  most  unqualified  condemnation  of  the  school  law,  and 
a  preference  for  the  old  system  before  all  others.  The  plan  of  amendment 
introduced  into  the  Assembly  by  the  majority  of  the  school  committee  met 
with  no  better  favor  than  the  law  which  exists.  The  resolutions  were 
agreed  to  with  great  unanimity  and  applause.  The  gentlemen  composing 
this  convention  appeared  to  have  fully  settled  in  their  own  minds  that  the 
law  is  not  to  bo  tolerated  in  any  shape,  and  they  exhibited  considerable 
restlessness  when  anything  was  said,  or  attempted  to  be  said  in  its  favor. 
We  regret,  for  the  sake  of  the  objectors,  that  some  degree  of  discourtesy 


FREE   SCHOOLS  439 

was  not  shown  toward  one  very  much  respected  scholar  of  this  city,  who 
rose  to  speak  in  answer  to  Mr.  McGonegal.  We  left  the  meeting  before 
the  conclusion  of  its  proceedings,  and  while  Gen.  Brooks,  of  Livingston  Co., 
was  speaking.  A  full  report  will  be  given  hereafter. —  Rochester  Daily 
Democrat,  February  15,  1851 

School  Law  Repeal  Convention 

A  mass  convention  of  the  citizens  of  Monroe  county,  in  favor  of  the 
repeal  of  the  present  school  law,  was  held  pursuant  to  a  call  for  that  pur- 
pose, at  Minerva  Hall  in  the  city  of  Rochester,  on  the  I4lh  day  of  February 
instant.  The  convention  was  largely  attended,  and  when  considered  with 
regard  to  the  character,  standing  and  influence  of  the  persons  by  whom 
it  was  composed,  it  has  rarely  been  equalled  by  any  convention  ever  held 
in  this  county. 

His  Hon.  Judge  Shepherd,  was  chosen  president;  John  Colt,  David 
McVean,  John  Shoecraft,  Ebenezer  Cook  and  John  Brown,  vice-presidents, 
and  J.  W.  Stebbins,  secretary. 

On  motion  of  C.  Huson,  jr.,  Esq.,  a  committee  of  five  was  appointed  by 
the  president  to  prepare  and  present  resolutions.  The  president  appointed 
the  following  gentlemen  as  such  committee: 

C.  Huson,  jr.,  John  McGonegal,  David  McVean,  Wm.  C.  Bloss  and 
A.  W.  Fisher. 

On  motion  the  president  and  secretary  were  added  to  the  committee. 

Mr  Huson,  in  behalf  of  the  committee,  reported  the  following  resolutions, 
which,  after  a  full  and  interesting  discussion,  engaged  in  by  a  large  number 
of  the  convention,  were  passed  by  acclamation. 

Resolved,  That  the  act  passed  March  26,  1849,  entitled  "An  act  establish- 
ing free  schools  throughout  the  State,"  deserves,  and  hereby  receives,  the 
unqualified  disapprobation  of  this  convention,  and  that  the  same  ought  to 
be  repealed. 

Resolved,  That  a  general  diffusion  of  knowledge  is  a  chief  corner-stone 
of  our  republican  institutions  —  and  that  reason,  revelation  and  experience 
dictate,  that  the  education  of  youth  is  a  parental  duty,  which,  in  a  well- 
regulated  community,  is  fully  and  generously  discharged  by  parents,  and 
which  the  State  can  not  wholly  assume  without  serious  injury  to  the  cause 
of  education  itself  —  that  leaving  the  care  of  educating  their  offspring  to 
parents,  tends  to  promote  studiousness  and  gratitude  on  the  part  of  the 
child,  and  faithfulness  and  industry  on  the  part  of  parent,  thereby  secur- 
ing the  highest  mental  and  moral  culture  of  the  people,  together  with  the 
greatest  incitement  to  energj-  and  perseverance  in  all  the  industrial  pur- 
suits. 

Resolved,  That  the  people  of  this  State,  under  their  long  established  sys- 
tem of  education,  have  attained  an  elevation  which  challenges  the  admiration 
of  the  world ;  that  although  some  of  our  sister  states  may  show  a  smaller 
comparative  number  of  persons  who  do  not  enjoy  the  advantages  of  a 
common  education,  yet,  when  we  consider  the  large  influx  into  this  State 
of  a  hetrogencous  population  from  foreign  countries,  it  is  confidently 
believed  that  the  State  of  New  York  is  unparalleled  in  its  educational 
advancement  by  any  other  community  on  the  face  of  the  globe. 


440  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Resolved,  That  no  system  of  education,  whatever  may  be  its  intrinsic  mer- 
its, ought  to  be  adopted  in  a  republican  state,  which  does  not  secure  the 
general  approbation  of  the  people;  that  our  former  school  laws  did  secure 
such  approbation  in  an  eminent  degree;  and  that  the  present  law  has  created 
dissatisfaction,  wrangling  and  litigation,  in  nearly  every  school  district  in 
the  State. 

Resolved,  That  while  we  are  in  favor  of  the  repeal  of  the  present  law, 
and  of  a  return  to  the  former  law  in  relation  to  schools,  yet  we  do  not 
desire  to  close  the  door  of  our  common  school  against  any  child  in  the 
State;  and  should  it  be  shown  that  the  former  law  contributed  to  that 
result,  we  should  be  in  favor  of  such  amendments  to  it,  in  regard  to  the 
distribution  of  the  public  money,  and  to  exemption  from  payment  of  rate 
bills,  as  may  effectually  open  the  doors  of  our  common  schools  to  all  the 
children  in  the  State  without  respect  to  their  pecuniary  circumstances  or 
condition. 

Resolved,  That  the  legislative  power  of  this  State  is  vested  in  a  Senate 
and  Assembly;  that  the  submission  of  any  legislative  act  to  the  people, 
except  acts  relating  to  finance,  as  specified  in  art.  VII  of  the  constitution, 
to  be  by  them  determined  whether  the  same  shall  or  shall  not,  become  a 
law,  is  an  unconstitutional  exercise  of  authority.  That  the  practice,  if 
adopted  and  persevered  in,  if  submitting  legislative  acts  of  doubtful  pro- 
priety to  a  popular  vote,  and  thereby  yielding  them  to  unthinking  clamor 
or  partisan  importunity,  to  the  fickleness  or  tyranny  of  ephemeral  majori- 
ties, will  lead  to  such  a  train  of  abuses  and  usurpation,  as  will  speedily 
overthrow  the  constitution  itself;  and  therefore. 

Resolved,  That  so  much  of  the  action  of  the  Legislature  of  1849  as 
resulted  in  the  submission  of  the  new  school  law  to  a  popular  vote,  and 
particularly  so  much  of  the  action  of  the  Legislature  of  '50  as  resulted  in 
the  resubmission  of  that  law  to  a  popular  vote,  deserves,  and  hereby  receives 
the  deepest  and  most  decided  reprehensions  of  this  convention. 

Resolved,  That  the  proceedings  of  this  convention  be  published  in  the 
daily  and  weekly  papers  of  this  city,  and  that  the  secretary  forward  a  copy 
of  the  same  to  each  of  the  representatives  of  this  county  in  the  Legislature 
of  the  State. 

Whereupon  the  convention  adjourned. 

Wm.  Shepherd,  Pres't. 

J.  W.  Stebbins,  Sec'y. 

—  Rochester  Daily  Democrat,  February  17,  1851 

STATE  CONVENTION  OF  FRIENDS  OF  FREE  SCHOOLS 
(Town  Superintendents) 

State  Convention 

A  state  convention  of  the  friends  of  free  schools,  is  called  to  meet  in 
this  city  on  Wednesday,  Feb.  26th.  The  object  of  the  convention  is,  as  we 
understand,  to  devise  some  means  by  which  the  present  school  law  may  be 
adapted  to  the  =;entiments  of  the  people,  and  the  advantages  of  free  educa- 
tion be  secured,  without  the  inequalities  of  the  new  law.  Amendments  cal- 
culated to  effect  thi§  will,  it  is  said,  be  introduced  on  that  occasion,  and 


FREE   SCHOOLS  441 

the  delegated  wisdom  of  the  superintendents  of  schools  throughout  the 
state  will  be  brought  to  bear  in  their  consideration. —  Herald;  from  Utica 
Daily  Gazette,  February  15,  1851 

State  Convention  of  Town  Superintendents  of  Common  Schools 

The  convention  of  town  superintendents  of  schools  met  at  the  common 
council  room  in  this  city,  yesterday  A.  M.,  pursuant  to  call,  and  was  organ- 
ized, on  motion  of  Prof.  Heffron,  of  Utica,  by  the  appointment  of  Mr  H. 
Putnam,  of  Onondaga,  as  chairman,  and  on  motion  of  O.  B.  Pierce,  of 
Oneida,  L.  Ingalls,  of  Jefferson,  was  chosen  secretary. 

The  call  having  been  read,  on  motion,  a  committee  of  six  was  appointed 
to  prepare  business  for  the  consideration  of  the  convention.  Chair 
appointed  as  such  committe,  Messrs  O.  B.  Pierce,  of  Oneida;  Salisbury  and 
Crandall,  of  Onondaga;  Heffron  and  Perkins,  of  Oneida;  and  Ingalls,  of 
Jefferson.    Adjourned  to  2  P.  M. 

Afternoon  Session  —  2  P.  M. —  Convention  met  pursuant  to  adjournment. 

Mr  Pierce,  of  Oneida,  the  chairman  of  committee  on  resolutions,  reported 
the  following: 

1st.  Resolved,  That  we  indorse  the  principle,  that  the  property'  of  the 
State  should  educate  the  children  of  the  State. 

2d.  Resnlvcd,  That  there  should  be  no  going  back  in  educational  reform, 
and  that  any  defects  in  the  assessment  laws  of  which  the  people  justly  com- 
plain should  be  remedied,  and  not  be  made  the  occasion  of  abandoning  the 
free  school  principle. 

3d.  Resolved,  That  we  approve  the  raising  by  state  tax  of  $800,000,  for 
the  payment  of  teachers'  wages,  but  that  in  the  absence  of  a  law  equalizing 
the  assessments  as  between  the  several  counties,  one-half  of  this  sum  should 
be  assessed  on  a  property  basis  and  the  other  half  on  a  basis  of  population. 

4th.  Resolved,  That  the  balance  of  money  necessary  to  pay  the  teachers' 
wages  in  any  district,  after  applying  its  proportion  of  the  public  funds, 
shall  be  raised  in  the  same  manner  as  its  contingent  expenses. 

5th.  Resolved,  That  we  approve  the  distributing  of  the  public  funds  from 
the  State,  one-fourth  equally  among  the  several  school  districts,  and  the 
other  three-fourths,  as  now,  according  to  the  number  of  children  from  5  to 
20  years  of  age,  residing  in  the  several  districts. 

6th.  Resolved,  That  we  believe  provision  by  law  should  be  made  for  hav- 
ing a  school  by  a  qualified  teacher,  at  least  eight  months  of  the  year,  in 
each  school  district  of  the  State. 

On  motion  of  W.  L.  Crandall,  of  Onondaga,  the  resolutions  were  cons- 
sidered  separately,  and  passed  unanimously,  after  discussion. 

The  president  of  the  convention  being  compelled  to  leave,  Mr  George 
Spencer,  of  Utica,  was  appointed  vice  president,  and  took  the  chair. 

On  motion  of  Mr  Heffron,  of  Utica,  a  committee  was  appointed  to  pre- 
sent in  an  appropriate  way,  the  results  of  this  convention  to  the  literature 
committees  of  the  Legislature.  The  committee  were  nominated,  as  fol- 
lows: Mr  Brinsmade,  of  New  York;  Mr  Heffron,  of  Utica;  Mr  Ingalls, 
of  Jefferson  county. 

On  motion,  the  county  papers,  and  such  other  papers  as  might  see  fit, 
were  requested  lo  publish  the  proceedings  of  the  convention. 

The  convention  then  adjourned  sine  die. —  Utica  Daily  Gazette,  February 
27,  1851 


442  THE   UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 

LEGISLATIVE  ACTION 

The  transactions  in  the  Legislature  of  1851  and  the  passage  of 
the  free  school  law  are  here  presented,  as  transcribed  from  the 
Senate  and  Assembly  documents  of  that  year. 

In  his  annual  message  of  1851,  Governor  Hunt  gives  consider- 
able attention  to  the  establishment  of  free  schools  as  follows: 

It  appears  from  the  latest  returns  to  the  Superintendent  of  Common 
Schools  that  there  are  in  the  State  11,397  school  districts;  that  the  whole 
number  of  children  taught  therein,  in  the  year  1849,  was  749,500  of  all  ages ; 
and  that  the  whole  amount  paid  for  teachers'  wages  during  that  year  was 
$1,322,696.24,  of  which  $767,389.20  was  contributed  from  the  state  treasury, 
and  raised  by  county  and  town  taxation. 

The  operations  of  the  act  of  1849,  establishing  free  schools,  have  not 
produced  all  the  beneficial  effects,  nor  imparted  the  general  satisfaction 
anticipated  by  the  friends  of  the  measure.  It  has  been  the  policy  of  our 
State,  from  an  early  period,  to  promote  the  cause  of  popular  education  by 
liberal  and  enlightened  legislation.  A  munificent  fund  created  by  a  series 
of  measures,  all  aiming  at  the  same  great  result,  has  been  dedicated  by  the 
Constitution  to  the  support  of  common  schools,  and  the  annual  dividend 
from  this  source  will  gradually  increase.  The  duty  of  the  State  to  provide 
such  means  and  facilities  as  will  extend  to  all  its  children  the  blessings  of 
education,  and  especially  to  confer  upon  the  poor  and  unfortunate  a  par- 
ticipation in  the  benefits  of  our  common  schools,  is  a  principle  which  has 
been  fully  recognized  and  long  acted  upon  by  the  Legislature  and  the  people. 

The  vote  of  1849,  in  favor  of  the  free  school  law,  and  the  more  recent 
vote  by  a  reduced  majority  against  its  repeal,  ought  doubtless  to  be  regarded 
as  a  reaffirmation  of  this  important  principle,  but  not  of  the  provisions  of 
the  bill,  leaving  it  incumbent  upon  the  Legislature,  in  the  exercise  of  a 
sound  discretion,  to  make  such  enactments  as  will  accomplish  the  general 
design,  without  injustice  to  any  of  our  citizens.  An  essential  change  was 
made  by  the  law  under  consideration,  in  imposing  the  entire  burthen  of  the 
schools  upon  property,  in  the  form  of  a  tax,  without  reference  to  the  direct 
benefits  derived  by  the  taxpayer.  The  provisions  of  the  act  for  carrying  this 
plan  into  effect,  have  produced  oppressive  inequalities  and  loud  complaints. 

In  some  districts  the  discontent  and  strife  attendant  upon  these  evils,  have 
disturbed  the  harmony  of  society.  An  earnest  effort  should  be  made  to 
reconcile  differences  of  opinion,  to  remedy  the  grievances  arising  from  the 
imperfect  operation  of  the  law,  and  to  equalize  the  weight  of  taxation  by 
such  principles  of  justice  and  equity  as  will  ensure  popular  sanction.  The 
success  of  our  schools  must  depend,  in  a  great  degree,  upon  the  united 
counsels  and  friendly  co-operation  of  the  people  in  each  small  community 
composing  a  district,  and  nothing  can  be  more  injurious  to  the  system  of 
common  school  education  than  feuds  and  contentions  among  those  who  are 
lesponsible  for  its  healthful  action  and  preservation. 

It  can  not  be  doubted  that  all  property,  estates,  whether  large  or  small, 
will  derive  important  advantages  from  the  universal  education  of  the  people. 
A  well  considered  system  which  shall  insure  to  the  children  of  all,  the  bless- 
ings of  moral  and   intellectual  culture,  will   plant   foundations,   broad  and 


WASHINGTON  HUNT 
Governor  of  New  York,  1851-53 


FREE  SCHOOLS  443 

deep,  for  fiblic  and  private  virtue;  and  its  effects  will  be  seen  in  the 
diminution  of  vice  and  crime,  the  more  general  practice  of  industry,  sobri- 
ety and  integrity,  conservative  and  enlightened  legislation  and  universal 
obedience  to  the  laws.  In  such  a  community  the  rights  of  property  are 
stable,  and  the  contributions  imposed  upon  it  for  the  support  of  govern- 
ment are  essentially  lightened.  But  I  entertain  a  firm  conviction  that  the 
present  law  requires  a  thorough  revision,  and  that  an  entire  change  in  the 
mode  of  assessment  is  indispensable. 

In  Assembly,  February  6,  1851 

No.  41 

Report 

Of   the   majority   of    the   committee   on   colleges,    academies   and   common 

schools,  on  the  petitions  for  the  amendment  and  repeal  of  the  free  school 

law. 

Mr  T.  H.  Benedict,  from  the  majority  of  the  committee  on  colleges, 
academies  and  common  schools,  to  which  was  referred  the  petitions  for  the 
repeal  and  amendment  of  the  free  school  law, 

REPORTS : 

That  deeply  impressed  with  the  importance  of  the  subject  committed  to 
their  charge,  they  have  given  to  it  as  full  and  impartial  a  consideration  as 
circumstances  would  permit.  They  have  been  actuated  in  their  deliberations 
solely  by  a  desire  to  present  some  plan  by  which  the  educational  system 
of  the  State  might  be  established  upon  a  basis  sound  and  enduring ;  — 
knowing  that  a  system  that  will  not  meet  the  views  of  a  majority  of  the 
people  of  the  State,  is  liable  to  be  altered  and  amended  at  each  successive 
session  of  the  Legislature;  and  this  vascillating  policy  cannot  but  prove 
extremely  prejudicial  to  the  cause  of  education.  In  view  of  this,  your  com- 
mittee have  endeavored  to  act  in  a  spirit  of  justice  to  the  800,000  children 
of  the  State  who  are  pleadnig  with  the  natural  eloquence  of  youth,  for  their 
undoubted  right  to  taste  some  of  the  fruits  of  learning;  and  in  justice  also, 
to  the  great  body  of  tax-payers  who  are  affected,  or  seemingly  so,  by  con- 
ceding this  right 

The  large  number  of  petitions  that  have  been  referred  to  your  committee, 
coming  from  different  sections  of  the  State,  prove  conclusively  that  there  is 
existing  among  ihe  people  a  deep  feeling  of  discontent  with  the  provisions 
of  the  present  law.  Many  of  your  petitioners  demand  its  unconditional 
repeal.  Yet  many  of  them,  your  committee  are  happy  to  observe,  while 
expressing  a  dissatisfaction  with  the  law,  simply  ask  that  such  modifications 
may  be  made  therein  as  will  make  it  more  acceptable  to  the  taxable  portion 
of  the  community,  and,  in  consequence,  more  efficient  in  its  operation. 

It  will  not  be  deemed  inappropriate  in  this  connection  to  give  a  succinct 
sketch  of  the  origin  and  progress  of  the  common  school  system  in  this 
State ;  and,  as  incidental  thereto,  its  first  establishment  upon  this  continent. 

It  was  wisely  forseen  by  that  small  band  of  men,  who  brought  to  this 
country,  in  1620,  the  principles  of  civil  and  religious  liberty,  that  to  main- 
tain and  perpetuate  those  principles  inviolate,  it  was  indispensable  that  their 
children,   who   were   to   succeed   them   in   the   conduct  of   the   government, 


444  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

should  be  trained  to  a  knowledge  of  its  duties  and  requirements,  and  thus 
be  qualified  to  receive  and  sustain  the  inestimable  privileges  for  which  they 
had  periled  their  lives  and  fortunes. 

Experience  had  taught  them  that  the  foundations  of  despotism  are  built 
upon  the  ignorance  and  degradation  of  the  masses;  that  to  ensure  freedom 
of  action  there  must  be  freedom  of  thought;  and,  that  liberty  might  not 
degenerate  into  licentiousness,  it  was  necessary  that  the  minds  of  the  people 
should  be  early  trained  to  the  love  of  virtue  and  good  order.  With  these 
truths  impressed  upon  their  minds,  they  felt  it  incumbent  upon  them  to  take 
some  decisive  action. 

It  would  seem  as  if  these  heroic  men  had  a  prophetic  vision  of  the  great- 
ness that  would  follow  their  feeble  undertaking,  for  with  a  moral  grandeur 
unsurpassed  in  any  age,  they  set  about  the  work  of  education,  while  their 
colony  was  3'et  in  its  infancy  and  their  homes  unprotected  from  the  cruelty 
of  the  savages. 

As  early  as  1635,  in  the  city  of  Boston,  a  "  schoolmaster  was  appointed 
for  the  teaching  of  the  children  amongst  them,"  and  a  portion  of  the  public 
lands  given  him  for  his  support  in  1642.  The  general  court  of  the  colony, 
by  a  public  act,  enjoined  upon  the  municipal  authorities  the  duty  of  seeing 
that  every  child  within  the  jurisdiction  should  be  educated;  and  the  select 
men  of  every  town  were  required  "  to  have  a  vigilant  eye  over  their  neigh- 
bors, and  see  that  they  should  endeavor  to  teach  their  children  so  much 
learning  as  might  enable  them  perfectly  to  read  the  English  language,  and 
obtain  a  knowledge  of  the  laws,  upon  penalty  of  20  shillings  for  such  neg- 
lect." 

But  they  did  not  pause  here.  One  thing  yet  was  needed.  The  State 
claimed  obedience  from  all  its  citizens,  and,  in  return,  guaranteed  to  them 
equal  rights  and  privileges.  It  was  therefore  enjoined  by  law  in  1647,  that 
education  should  be  free  to  all ;  and  in  consequence,  the  support  of  the 
schools  was  made  compulsory. 

Here  may  be  found  the  germs  of  the  common  school  system  of  this 
country.  And  thus  early  was  established  the  principle  that  the  property  of 
the  State  should  be  taxed  for  the  education  of  its  citizens.  It  is  idle  to 
speculate  upon  the  causes  that  induced  these  pioneers  of  republicanism  to 
acquiesce  so  cheerfully  in  the  correctness  and  soundness  of  the  doctrine.  It 
is  sufficient  for  our  purpose,  to  know  that  the  justice  and  policy  of  the  meas- 
ure were  never  seriously  questioned.  It  must  be  admitted  that  it  bore  heavily 
then  as  it  does  even  now  upon  certain  classes  of  the  people.  But  no  murmur 
or  discontent  was  raised  against  it.  It  is  remarked  by  an  intelligent  observer, 
that  "  in  most  of  the  towns  of  New  England,  one-fifth  of  the  inhabitants 
pay  at  least  one-half  of  the  tax,  and  probably  do  not  send  more  than  one- 
sixth  of  the  scholars."  The  school  tax  is,  therefore,  to  a  considerable 
extent,  a  tax  upon  the  rich  to  educate  the  children  of  the  poor;  and  this 
tax  is  repaid  in  the  greater  security  afforded  to  life  and  property  by  the 
increased  growth  of   intelligence  and  virtue  throughout  the  community. 

The  same  principle  of  taxation  for  the  benefit  of  education  has  been 
recognised  and  followed  by  the  general  government,  for  upon  the  adoption 
of  the  federal  compact,  the  most  ample  provision  was  made  for  the  ele- 
mentary instruction  of  all  classes  of  the  people.  As  new  states  began  to 
be  formed  out  of  the  public  domain,  one  square  mile  in  every  township,  or 


FREE   SCHOOLS  445 

one  thirty-sixth  part  of  all  the  lands,  has  been  reserved  and  devoted  to  the 
support  of  common  schools. 

In  our  own  State,  as  early  as  1/95,  an  act  was  passed  by  which  the  sum 
of  $50,000  was  appropriated  annually,  for  5  years,  among  the  several  towns 
of  the  State  —  and  the  towns  were  required  to  raise  an  equal  amount  for 
the  support  of  common  schools.  In  1805,  a  permanent  fund  for  the  same 
purpose  was  established,  by  the  passage  of  an  act  appropriating  500,000 
acres  of  land,  "  to  raise  a  fund  for  the  encouragement  of  common  schools." 
The  Surveyor  General  was  authorized  to  sell  the  land,  and  the  principal 
derived  from  such  sale,  with  the  interest  accruing  thereon,  was  to  be  loaned, 
until  the  whole  interest  should  amount  to  $50,000  annually  —  which  interest 
was  to  be  distributed  among  the  common  schools  as  the  Legislature  should 
direct.  This  fund  has,  by  various  legislative  enactments,  been  increased, 
until  now  the  capital  of  our  common  school  fund  is  $2,290,000  —  which  fund 
is  being  annually  increased  by  the  addition  of  $25,000  from  the  interest  of 
the  U.  S.  deposite  fund.  By  an  act  of  the  Legislature  in  181 1,  a  commis- 
sion was  appointed  to  "  report  a  system  for  the  organization,  regulation, 
and  establishment "  of  common  schools.  This  commission  presented  an 
elaborate  report  to  the  Legislature  of  1812.  Accordingly,  a  law  was  passed, 
which  was,  substantially,  the  basis  of  our  very  useful  and  efficient  system 
of  common  schools  until  the  year  1849.  Under  this  system,  the  proceeds  of 
the  common  school  fund  of  the  State  were  apportioned  among  the  different 
towns  of  the  State,  according  to  the  population  therein;  and  the  super- 
visors of  each  county  were  directed  annually  to  levy  by  tax  upon  each  town 
a  sum  corresponding  with  the  amount  received  from  the  State.  These  sums 
made  the  public  moneys  of  the  town,  and  were  to  be  distributed  among  the 
several  school  districts  of  the  town,  in  proportion  to  the  number  of  children 
therein,  between  the  ages  of  5  and  16  years,  as  should  appear  from  the  last 
report  of  the  trustees  of  the  district.  It  was  required  that  the  schools 
should  be  kept  open  during  four  months  of  the  year,  and  for  so  much 
longer  time  as  ihe  trustees  should  direct.  Whatever  sums  were  required 
for  the  payment  of  the  teacher's  wages,  after  deducting  the  public  money 
of  the  district,  were  to  be  raised  by  a  rate  bill,  from  those  sending  children 
to  the  school,  in  proportion  to  the  number  of  days  such  children  had  been 
in  attendance. 

Such  were,  substantially,  the  main  features  of  our  common  school  system 
up  to  the  year  1849.  To  say  it  had  accomplished  much  good  to  the  cause  of 
education,  and  had  realized  the  hopes  of  its  originators  and  supporters, 
would  be  awarding  it  but  a  faint  meed  of  approbation.  It  had  surpassed 
the  most  sanguine  expectations  of  its  friends.  Under  its  influence,  as 
appears  from  reports  furnished  to  the  Superintendent  of  Common  Schools 
for  the  year  1849,  there  had  been  organized  11,397  school  districts,  and  the 
number  of  children  that  received  instruction  during  the  year  was  794500, 
being  in  excess  of  59,312  over  the  number  between  the  ages  of  5  and  16 
years,  and  16,191  over  the  whole  number  taught  during  the  preceding  year, 
while  the  schools  had  been  kept  open  during  an  average  period  of  eight 
months.  Well  might  the  philanthropist  point  with  admiration  to  a  system 
productive  of  such  results,  and  the  skeptic  in  the  science  of  free  government 
banish  his  doubts,  in  view  of  such  universal  diffusion  of  knowledge. 

Notwithstanding   these   grand    results,   the    system   was   not   perfect.     A 


446  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

■fatal  defect  was  inherent  therein,  which  if  foreseen  had  not  been  deemed 
of  sufficient  importance  to  excite  attention.  A  large  and  gradually  increas- 
ing number  of  children  in  the  iState,  were  without  any  kind  of  education 
whatever;  and  though  the  school  house  was  open  and  teachers  ready  to 
impart  instruction,  they  entered  not  to  receive  it.  The  cause  was  apparent ; 
they  were  the  children  of  poverty ;  and  their  parents,  with  the  inborn  pride 
of  freedom,  could  not  brook  the  favor  of  an  exemption  from  the  rate  bill, 
though  such  exemption  could  be  had.  It  would  naturally  be  supposed  that 
this  cajise  could  have  but  a  limited  operation  in  deterring  children  from  the 
school,  but  facts  prove  otherwise.  From  reports  made  to  the  State  Super- 
intendent in  1846,  the  startling  discovery,  was  made  that  over  46,000  children 
were  deprived  of  the  advantages  of  education,  either  through  the  remiss- 
ness of  the  trustees  of  school  districts,  in  exempting  them  from  the  rate 
bill,  or  from  the  pride  of  the  parents  in  refusing  to  claim  such  exemption. 

It  is  immaterial  to  enquire  if  such  pride  was  justifiable.  It  is  sufficient  to 
know  that  the  evil  existed,  and  it  behooved  the  friends  of  education  and  the 
friends  of  free  government  to  devise  some  speedy  remedy.  It  was  deemed 
necessary  where  suffrage  was  universal,  that  education  should  be  free.  A 
system  of  free  schools  had  already  been  established  in  many  of  the  cities 
and  large  towns  of  the  State,  where  the  evil  had  become  widespread,  and 
the  time  seemed  auspicious  for  the  extension  of  the  system  over  the  whole 
State.  Petitions  to  that  effect  were  presented  to  the  Legislature  of  1849, 
and  in  accordance  therewith  an  act  was  passed  March  26th,  1849,  establish- 
ing "  free  schools  throughout  the  State,"  As  this  act  would  effect  a  radical 
change  in  the  school  system  of  the  State,  it  was  deemed  proper  by  the  Legis- 
lature to  submit  it  to  the  people  for  their  consideration.  The  act  was  sanc- 
tioned at  the  ensuing  election  by  a  majority  of  over  158,000  votes,  but  three 
counties  in  the  State,  Chenango,  Tompkins  and  Otsego,  having  cast  a 
majority  against  it.  To  say  that  the  deed  was  rashly  done,  that  the  people 
acted  without  due  reflection,  is  a  libel  on  the  intelligence  and  virtue  of  the 
people,  is  a  libel  on  the  great  principle  of  free  government.  More  than 
seven  months  had  elapsed  since  the  passage  of  the  act,  and  its  main  fea- 
ture — •  the  free  school  principle  —  had  been  discussed  in  every  quarter  of 
the  State;  at  county  and  town  assemblages,  in  village  gatherings,  and  at 
road-side  inns.  It  had  been  the  theme  of  conversation  in  the  houses  of 
the  rich  and  in  the  homes  of  the  poor.  The  learned  had  commended  it  in 
their  ardent  desire  for  the  diffusion  of  knowledge,  and  the  unlearned  looked 
to  its  adoption  for  their  children's  release  from  the  bondage  of  ignorance. 

The  conviction  is  irresistably  forced  upon  the  minds  of  your  committee 
that  the  principle  of  the  "  free  school "  bill  was  the  main  feature  considered, 
and  that  it  was  sanctioned  by  the  people  upon  mature  deliberation.  The 
practical  operation  of  the  act  was  a  matter  that  could  be  tested  only  by 
time.  A  brief  period  sufficed  to  show  that  the  act  was  defective  in  its 
details.  In  less  than  four  months  after  its  adoption,  the  Legislature  was 
flooded  by  petitions  for  the  repeal  or  amendment  of  the  law.  Action,  early 
action  was  needed,  for  discord  and  confusion  had  crept  into  the  school  dis- 
tricts throughout  the  State,  and  animosities  were  being  engendered  among 
all  classes  of  the  people,  and  a  serious  injury  was  inflicted  upon  the  cause 
of  education.  Yet  its  friends,  though  disheartened,  did  not  despair.  The 
experiment  of   free  education  had  been   tried,  and  its  partial   failure  was 


FREE  SCHOOLS  447 

attributable  to  causes  easily  obviated.  But  the  remedy  was  not  applied. 
The  people  urged  action  upon  their  representatives,  yet  action  was  delayed, 
until,  at  the  close  of  the  session  of  1850,  it  was  resolved  to  submit  the 
question  again  to  the  people,  to  decide  either  "  for  or  against  the  repeal  of 
the  act."  The  wisdom  and  policy  of  this  resolution  it  is  not  the  province  of 
your  committee  to  question.  They  may  be  pardoned,  however,  for  express- 
ing the  opinion  that  it  afforded  the  opponents  of  the  free  school  system  an 
opportunity  to  destroy  the  principle  through  the  agency  of  the  obnoxious 
details  that  accompanied  it,  while  the  advocates  of  the  principle  were 
obliged  to  oppose  the  act  to  remove  those  obnoxious  details,  or  throw  their 
influence  in  its  favor,  and  trust  to  the  wisdom  and  justice  of  a  succeeding 
Legislature  to  adopt  such  amendments  as  would  render  it  perfect.  The  lat- 
ter alternative  was  adopted,  and  already  they  are  applying  to  this  House  for 
the  remedy.  At  the  annual  election  of  1850,  the  free  school  act  was  a  second 
time  sustained,  by  a  popular  majority  of  over  25,000  votes,  although  at  this 
election  a  majority  of  the  counties  of  the  State  —  42  in  number  —  voted 
for  repeal  in  majorities  var>'ing  from  50  to  2500.  Notwithstanding  this 
apparen'tly  great  opposition,  it  is  the  deliberate  conviction  entertained  by  the 
majority  of  your  committee,  that  the  large  vote  cast  in  those  counties 
against  the  act,  did  not  proceed  from  an  opposition  to  the  free  school 
principle  but  was  caused  by  the  obnoxious  and  defective  details  of  the  act. 
This  conviction  is  founded  upon  the  representations  made  to  your  com- 
mittee by  members  of  this  House  from  various  sections  of  the  State,  and 
who,  coming  directly  as  the  representatives  from  the  people,  are,  it  is  to  be 
presumed,  informed  as  to  their  views. 

It  has  been  urged,  with  much  pertinacity-,  by  some  of  your  petitioners,  that 
the  city  of  New  York  had  a  preponderating  iniluence  upon  the  question ;  that 
her  majority  of  more  than  37,000  votes  in  favor  of  the  act  had  fastened  the 
system  upon  the  State;  and  that  as  she  had  an  educational  system  of  her 
own,  separate  and  distinct  from  the  State  at  large,  she  was  not  equitably 
entitled  to  vote  upon  the  question.  The  plausibility  of  this  objection  is 
conceded;  but,  in  the  opinion  of  a  majority  of  your  committee,  its  ground  is 
wholly  untenable.  If  it  can  be  shown  that  the  city  of  New  York  is  separate 
in  interest  and  policy,  and  is  in  no  way  dependent  on  or  advantageous  to 
the  other  sections  of  the  State,  then  might  some  weight  be  attached  to  the 
objection.  But  such  is  not  the  case.  New  York  is  the  heart  of  the  State, 
receiving  and  giving  back  wealth  to  every  portion  thereof.  Her  greatness 
as  the  commercial  emporium  of  the  Union  is  reflected  upon  every  part  of 
the  State.  But  for  her  agency  the  abundant  harvests  of  the  farmer  might 
rot  in  his  fields, —  but  for  the  industry  and  thrift  of  the  farmer,  the  city  might 
fall  from  its  greatness.  The  interests  of  both  are  homogenous.  Whatever 
conduces  to  the  prosperity  and  glory  of  the  one,  appertains  in  a  proportionate 
degree  to  the  other.  If  it  is  admitted,  (and  who  in  this  State  will  deny  the 
assertion?)  that  a  republican  form  of  government  is  the  best  adapted  to  the 
happiness  of  the  people,  and  most  conducive  to  their  prosperity,  the  question 
then  recurs  as  to  the  best  method  to  continue  that  government.  It  will  be 
conceded  by  every  one,  that  the  perpetuity  of  free  institutions  is  based 
upon  the  intelligence  and  virtue  of  the  people ;  and  the  chief  agency  for 
diffusing  these  is  the  common  school.  The  educated  child,  it  is  fair  to 
assume,   will   become  a  useful  citizen, —  it   is   equally   fair  to  assert,   as   a 


448  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

general  rule,  that  the  uneducated  child  will  prove  the  reverse.  Facts  warrant 
the  assertion. 

From  the  report  of  the  inspectors  of  the  state  prisons  for  the  year  1850, 
it  appears  that  of  664  males  in  the  Sing  Sing  prison  349  were  under  20  years 
of  age  at  the  time  of  their  conviction;  487  had  never  been  taught  a  trade; 
60  could  not  read,  and  149  could  read  only,  and  that  indifferently.  Of  114 
convicts  at  Clinton,  10  could  not  read,  and  29  could  read  only.  At  the 
female  prisons,  of  the  71  remaining  in  December  last,  25  could  neither 
read  nor  write ;  17  could  read  only,  and  the  balance  had  received  a  very 
limited  instruction  in  the  elementary  branches.  At  the  Auburn  prison  109 
convicts  were,  previous  to  admission,  unacquainted  with  the  alphabet,  or 
could  read  but  little,  and  64  had  no  knowledge  of  arithmetic.  The  inspectors 
close  with  the  remark,  "  that  the  frequent  examinations  into  the  causes  of 
crime  among  the  convicts  almost  invariably  leads  to  the  same  result,  and 
force  upon  the  mind  the  startling  truth,  that  a  neglected  education  in 
youth  is  the  source  of  all  or  nearly  all  the  crime  among  us."  These  statistics 
are  presented  in  corroboration  of  the  general  statement  of  your  committee 
that  crime  and  ignorance  are  generally  found  in  unison.  It  can  be  no  matter 
of  surprise,  therefore,  that  the  citizens  of  New  York,  from  a  perusal  of  the 
daily  records  of  their  criminal  courts,  and  their  daily  observation  of  the 
vice  and  misery  that  must  ever  cling  to  and  flourish  in  great  cities,  should/ 
manifest  a  deep  interest  in  the  cause  of  education,  and  a  desire  for  its 
universal  diffusion.  Philanthropy,  at  least,  would  prompt  that  they  should 
be  heard.  Again :  Prudential  considerations  demanded  that  New  York 
should  have  a  voice  in  the  matter.  She  is  a  part  of  the  State;  subject  to 
the  same  laws,  and  should  be  entitled  to  equal  privileges  with  other 
portions  of  the  State.  With  an  aggregate  valuation  of  real  and  personal 
estate  amounting  to  $286,000,000  or  more  than  one-third  of  the  entire  valua- 
tion of  the  State,  and  with  this  property  liable  to  be  affected  by  the  legislation 
of  a  body  elected  by  the  universal  suffrages  of  the  citizens  of  the  State,  it 
would  have  been  manifestly  unjust  that  her  vote  should  have  been  excluded. 
Your  committee  have  been  induced  to  present  their  views  upon  this  subject 
from  respect  to  the  large  number  of  your  petitioners  who  have  asked  for 
the  repeal  of  the  Free  School  act,  on  the  ground  that  such  act  would  have 
been  repealed  by  the  popular  vote  had  the  city  of  New  York  been  excluded 
from  any  action  thereupon.  Including  this  vote,  therefore,  the  expression 
of  the  popular  will  of  the  State  is  emphatic  in  favor  of  the  principle  of  free 
education ;  for  no  one,  it  is  presumed,  will  hazard  the  opinion  that  the  vote 
of  New  York  was  cast  in  favor  of  the  act  of  1849.  Her  citizens  were 
unacquainted  with  the  practical  operation  of  that  act,  and  the  inference  is 
natural  that  it  was  the  principle  only  that  was  ratified  at  the  ballot  box. 

Upon  this  view  of  the  subject  your  committee  entertain  the  opinion  that 
it  was  the  principle  of  the  free  school  act  only  that  was  sanctioned  and 
confirmed  at  the  last  election  by  the  people  of  this  State.  In  obedience  to 
the  popular  will,  therefore,  they  would  recommend  the  retention  of  the  free 
school  principle.  But  as  it  is  admitted  by  all  parties  interested  in  the 
subject,  that  the  details  of  the  act  are  seriously  defective,  it  is  proposed  to 
make  such  modifications  therein  as  will  ensure  greater  efficiency  to  the 
system,  and  cause  it  to  be  more  generally  approved. 

As   the   physician   would  enquire   into   the   nature   of    the   malady   before 


FREE    SCHOOLS  449 

prescribing  for  its  cure,  it  is  proper  that  your  committee  point  out,  what  they 
deem  the  defects  of  the  law  under  consideration,  before  proposing  any 
modifications  therein.  A  prominent  objection  to  the  act  of  1849,  is  the  mode 
in  which  the  school  moneys  are  required  to  be  raised.  By  the  2d  section 
of  that  act,  it  is  made  the  duty  "  of  the  several  Boards  of  Supervisors  at 
their  annual  meeting,  to  cause  to  be  levied  and  collected  from  their 
respective  counties,  a  sum  equal  to  the  amount  of  State  school  moneys 
apportioned  to  such  counties ;  and  to  apportion  the  same  among  the  towns 
and  cities  in  the  same  manner  as  the  moneys  received  from  the  State  are 
apportioned.  They  shall  also  cause  to  be  levied  and  collected  from  each  of 
the  towns  in  their  respective  counties,  a  sum  equal  to  the  amount  of  State 
school  moneys  apportioned  to  said  towns  respectively."  The  income  of  the 
School  Fund  of  the  State  is  distributed  among  the  different  towns  in  pro- 
portion to  their  population.  The  county  and  town  taxes  levied  by  the 
supervisors,  are,  in  consequence  a  tax  upon  the  basis  of  population ;  and 
its  operation  is,  therefore,  unjust,  unequal  and  oppressive.  A  large  and 
populous  county  may,  under  this  system  of  taxation,  be  compelled  to  raise 
more  money  than  an  adjoining  county  with  a  less  population,  though  with 
a  larger  assessed  valuation  of  real  and  personal  property.  It  is  obvious, 
therefore,  that  this  inequality  is  peculiarly  burdensome  to  the  agricultural 
interests  of  the  State,  for  in  such  districts  the  population  is  usually  larger 
in  proportion  to  thd  valuation  of  its  property,  than  in  the  cities  or  large 
towns  or  villages.  This  inequality  will  appear  by  a  glance  at  the  following 
statement.  In  1840  the  taxable  property  and  the  school  moneys  (apportioned 
on  the  basis  of  population)  in  the  following  counties,  were  in  this  proportion: 

Taxable  property  School  money 

New   York    $256,197,143  $40,621 .  53 

Albany    16,839,570  845544 

Allegany    3.797,486  3459-07 

Cattaraugus    3,824,598  3,394-28 

The  counties  of  New  York  and  Albany  are  devoted  to  trade  and  commerce, 
while  Allegany  :md  Cattaraugus  are  purely  agricultural  counties.  The  same 
inequality  will  appear  from  a  comparison  of  different  rates  of  taxation  in 
diflferent  towns.  An  illustration  is  afforded  by  some  of  your  petitioners,  in 
the  case  of  the  iLllowing  towns  in  the  county  of  Genesee,  in  1849: 

Taxable  property    School  money 

Batavia   $1,235,1 10  $479-  72 

Stafford    451.732  234.03 

Bethany    323,928  221 .  43 

Numerous  instances  of  the  same  kind  might  be  cited,  to  show  the  injustice 
of  this  mode  of  taxation,  as  applied  to  counties  and  towns.  In  the  cities  and 
larger  towns  are  accumulated  a  vast  amount  of.  bank  and  insurance  stocks, 
and  other  descriptions  of  personal  property,  which,  under  this  system  of 
taxing  the  population,  is  made  to  avoid  their  proportionate  contribution  for 
school  purposes,  while  the  poorer  agricultural  districts  are  borne  down  by 
the  weight  of  taxation.  This  feature  in  the  act  of  1849  may  be  accounted 
one  of  the  main  causes  of  the  heavy  vote  thrown  for  the  repeal  of  the  act 
throughout  the  central  and  western  portions  of  the  State.  But  the  most 
29 


450  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

serious  objection  to  this  act,  in  the  estimation  of  your  committee,  is  the  plan 
of  district  taxation.  By  the  3d  section  of  the  act,  it  is  made  "  the  duty  of 
the  trustees  within  a  specified  time  of  the  annual  district  meeting  in  each 
year,  to  prepare  an  estimate  of  the  amount  of  money  required  for  teachers' 
wages,  (exclusive  of  the  public  moneys  of  the  district,  and  the  moneys 
raised  by  and  under  the  2d  section  of  the  act)  and  other  expenditures  for 
the  year,  and  submit  such  statement  to  the  legally  qualified  voters  of  the 
district,  for  their  approval  or  rejection";  and  in  a  following  section  it  is 
provided  that,  "  in  case  the  voters  of  the  district  refuse  to  raise  the  estimate 
presented  to  them,  it  is  enjoined  upon  the  trustees  to  levy  such  tax  as  may 
be  needed  to  keep  the  school  open  for  the  space  of  four  months ;  and  proceed 
to  collect  it  in  the  same  manner  as  other  district  taxes  are  collected."  These 
two  features  of  the  act  have  wrought  incalculable  injury  to  the  cause  of 
education,  by  provoking  animosities  and  bitter  feuds  among  the  inhabitants 
of  the  different  districts ;  making  the  school  houses  of  the  State,  where 
peace  and  harmony  should  blend,  at  each  annual  meeting  a  scene  of  strife 
and  dissention.  It  would  appear  almost  incredible  that  the  inhabitants  of 
any  district  in  this  State  could  be  led  by  the  simple  act  of  being  called  upon 
to  vote  a  certain  amount  for  the  education  of  the  children  of  the  district, 
to  the  exhibition  of  such  feeling,  but  the  fact,  though  lamentable,  is  never- 
theless beyond  dispute.  Avarice  hath  its  victims,  and  they  are  found  as 
often  in  the  quiet  seclusion  of  the  country,  as  in  the  busy  marts  of  commerce. 

It  is  obvious  that  any  plan  which  submits  the  amount  of  tax  to  be 
raised  for  school  purposes  to  the  action  of  the  voters  of  the  district,  is  liable 
to  serious  objection.  The  childless,  and  those  whose  children  have  already 
received  their  education,  deem  it  a  hardship  to  be  obliged  to  pay  for  the 
instruction  of  the  children  of  their  neighbors,  and  consequently  vote  against 
any  appropriation.  The  rich,  who  are  assessed  upon  the  valuation  of  their 
estate,  are  oftimes  unwilling  to  contribute  to  the  support  of  a  common  school, 
inasmuch  as  they  prefer  the  exclusiveness  of  a  select  institution  for  their 
own  childreti,  and  feeling  no  interest  whatever  in  the  matter,  with  a  short- 
sighted wisdom,  they  are  often  inclined  to  vote  in  the  same  way.  This 
naturally  produces  a  corresponding  feeling  of  suspicion  and  hatred  among 
the  poorer  classes  of  the  districts,  and  opens  wide  a  gap  of  social  distinction 
that  it  is  the  true  policy  of  the  State  to  keep  forever  closed.  Meantime  the 
grossest  injustice  is  inflicted  upon  the  children  of  the  State.  In  one  district 
they  are  allowed  by  the  magnanimity  and  public  spirit  of  the  voters  to 
receive  the  priceless  boon  of  education  perhaps  for  eight  months  in  the  year, 
while  in  an  adjoining  district,  it  may  be  of  the  same  town,  and  separated  only 
by  an  imaginary  line,  they  are  permitted  to  enjoy  only  four  months  instruc- 
tion in  the  public  schools. 

Thus  are  the  children  of  the  State  —  its  future  citizens,  and,  it  may  be,  its 
law-givers,  recognized  by  the  spirit  of  our  institutions,  as  born  free  and 
equal — ^thus  early  in  life,  without  any  agency  of  their  own,  made  to  feel  the 
galling  inequality  of  their  social  position,  and  waste  the  bright  hours  of 
their  youth  in  ig>iorance. 

Your  committee  cannot  condemn  in  too  strong  terms,  the  injustice  and 
impolicy  of  these  features  of  the  act.  By  reason  of  it  the  schools  have 
languished  during  the  past  year,  and  it  is  the  opinion,  seriously  entertained, 
that  in  a  majority  of  the  districts  the  schools  have  not  been  open  over  four 
months  during  the  past  year. 


FREE   SCHOOLS  45 1 

Having  pointed  out  what  they  deem  the  imperfections  of  the  act  of  1849, 
it  is  incumbent  upon  your  •  committee,  in  submitting  a  bill  for  the  con- 
sideration of  the  House,  to  explain  its  provisions  and  the  reasons  that  have 
mduced  their  action.  It  is  proposed  that  the  common  schools  of  the  State 
shall  be  supported  chiefly  by  a  tax  upon  the  property  of  the  State.  It  is 
required,  therefore,  by  the  second  section  of  the  bill  herewith  presented,  that 
the  sum  of  $800,000  shall  be  raised  by  a  tax  on  the  real  and  personal  property 
of  the  State. 

This  system  of  taxation  is  acquiesced  in  by  all  classes  of  the  community 
when  applied  to  the  purposes  of  sustaining  a  military  or  naval  establishment 
for  the  purpose  of  public  defence,  or  for  the  establishment  or  maintenance 
of  an  efficient  system  for  the  prevention  and  punishment  of  crime  or  outrage, 
inflicted  upon  the  persons  or  property  of  the  citizens  of  the  State,  and  it  is 
conceived  that  the  same  system  may  be  applied  with  far  more  justice  towards 
the  support  of  an  institution  designed  for  the  diffusion  of  virtue  and 
intelligence,  and  in  consequence,  for  the  suppression  of  crime  and  immorality. 
In  this  connection,  your  committee  may  well  be  pardoned  for  introducing  an 
extract  from  the  remarks  of  Daniel  Webster,  in  a  convention  to  revise  the 
constitution  of  Massachusetts  in  1821.  "  For  the  purposes  of  public  instruc- 
tion" said  that  eminent  statesman,  "we  hold  every  man  subject  to  taxation 
in  proportion  to  his  property;  and  we  look  not  to  the  question  whether  he 
himself  have  or  have  not  children  to  be  benefited  by  the  education  for  which 
he  pays.  We  regard  it  as  a  wise  and  liberal  system  of  police,  by  which 
property  and  life  and  the  peace  of  society  are  secured.  We  seek  to  promote, 
in  some  measure,  the  extension  of  the  penal  code,  by  inspiring  a  salutary 
and  conservative  principle  of  virtue  and  of  knowledge  in  an  early  age. 
By  general  instruction,  we  seek  as  far  as  possible  to  purify  the  whole  moral 
atmosphere;  to  keep  good  sentiments  uppermost,  and  to  turn  the  strong 
current  of  feeling  and  opinion,  as  well  as  the  censures  of  the  law, 
against  immorality  and  crime.  And  knowing  that  our  government  rests 
directly  on  the  public  will,  that  we  may  preserve  it,  we  endeavor  to 
give  a  safe  and  proper  direction  to  the  public  will.  It  is  every  poor  man's 
undoubted  birthright  —  it  is  his  solace  in  life  —  and  it  may  well  be  his  con- 
solation in  death,  that  his  country  stands  pledged  by  the  faith  which  it  has 
plighted  to  all  its  citizens,  to  protect  his  children  from  ignorance,  barbarism 
and  vice." 

By  this  system  of  taxation,  it  is  to  be  expected,  that  as  all  classes  of  the 
people  will  contribute  in  proportion  to  their  substance,  that  a  universal 
interest  will  be  felt  in  the  cause  of  education  throughout  the  State.  And 
that  in  consequence,  the  character  of  our  common  schools  will  be  elevated, 
and  the  children  of  wealth  will  be  induced  to  enter  and  enjoy  their  advan- 
tages, and  thus  be  brought  to  mingle  in  the  early  years  of  their  life,  when 
the  kindly  feelings  of  the  heart  are  most  active,  upon  terms  of  equality  with 
the  equally  deseiA^ing,  though  more  unfortunate  children  of  want  —  and 
thus  may  be  pa.tially  obliterated  the  distinctions  of  fortune,  by  investing 
wealth  with  the  spirit  of  kindness  and  humility,  and  inspiring  poverty  with  a 
feeling  of  honor  and  manly  independence. 

It  is  expected  bj'  your  committee,  that  much  opposition  will  be  manifested 
against  this  provision  of  the  bill.  It  will  be  objected  by  those  who  desire 
a  return  to  the  old  system  of  the  rate  bill,  that  a  parent  should   not  be 


452  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

compelled  to  contribute  towards  the  support  of  a  school,  without  he  desired 
its  instruction  for  his  child;  and  that  the  childless  and  those  who  have 
already  educated  their  children  should  be  exempted  from  the  burden  of 
supporting  a  school  —  or,  in  other  words,  that  citizens  of  the  State,  who 
share  in  its  prosperity  and  glory,  and  who  derive  an  advantage  from  the 
universal  diffusion  of  knowledge,  by  the  safeguards  it  rears  against  vice 
and  immorality,  will  desire  to  participate  in  the  benefit  without  sharing  the 
cost.  These  objections  may  be  answered  in  the  appropriate  language  of  a 
friend*  to  humanity: 

"  But  sometimes,  the  rich  farmer,  the  opulent  manufacturer,  or  the 
capitalist,  when  sorely  pressed  with  his  natural  and  moral  obligation  to  con- 
tribute a  portion  of  his  means  for  the  education  of  the  young,  replies, 
either  in  form  or  in  spirit, — '  My  lands,  my  machinery,  my  gold  and  my 
silver,  are  mine ;  may  I  not  do  what  I  will  with  my  own  ?  '  There  is  one 
supposable  case  and  only  one  where  this  argument  would  have  plausibility. 
If  it  were  made  by  an  isolated,  solitary  being  —  a  being  having  no  relations 
to  the  community  around  him, —  having  no  ancestors  to  whom  he  had  been 
indebted  for  ninety-nine  parts  in  every  hundred  of  all  he  possesses,  and 
expecting  to  have  no  posterity  after  him, —  it  might  not  be  easy  to  answer  it. 
If  there  were  but  one  family  in  this  Western  hemisphere,  and  only  one 
in  the  Eastern  hemisphere,  and  these  two  families  bore  no  civil  and  social 
relations  to  each  other,  and  were  to  be  the  first  and  last  of  the  whole  race, 
it  might  be  difficult,  except  on  very  high  and  almost  transcendent  grounds, 
for  either  one  of  them  to  show  good  cause  why  the  other  should  contribute 
to  help  educate  children  not  his  own.  But  is  this  the  relation  which  any  man 
amongst  sustains  to  his  fellow?  The  society  of  which  we  necessarily 
constitute  a  part,  must  be  preserved ;  and  in  order  to  preserve  it,  we  must 
not  look  merely  to  what  one  individual  or  one  family  needs,  but  to  what 
the  whole  community  needs;  not  merely  to  what  one  generation  needs,  but 
to  the  wants  of  a  succession  of  generations." 

By  the  third  section  of  the  bill,  the  State  Superintendent  is  directed  to  ascer- 
tain the  portion  of  said  tax  to  be  assessed  and  collected  in  each  of  the  counties 
of  the  State,  by  dividing  the  sum  among  the  several  counties  according  to  the 
valuation  of  the  real  and  personal  estate  therein,  as  shall  appear  by  the  assess- 
ment of  the  year  preceding  the  one  in  which  such  sum  is  'to  be  raised.  Your 
committee  are  fully  aware  that  serious  objections  will  be  raised  against  this 
provision  of  the  bill,  by  reason  of  the  great  inequality  existing  in  the  present 
mode  of  assessment,  and  that  in  consequence  thereof,  several  of  the  counties 
in  the  State  will  be  obliged  to  contribute  an  undue  amount  towards  the 
support  of  education;  but  it  is  respectfully  suggested  by  your  committee 
that  they  have  performed  the  duty  enjoined  upon  them  by  reporting  (what  is 
deemed  in  their  opinion)  the  best  plan  for  the  support  of  the  common 
schools  of  the  State.  It  will  devolve  upon  the  select  committee  appointed 
by  the  House,  with  especial  reference  to  the  consideration  of  the  subject  of 
an  equalization  of  assessments,  to  devise  some  remedy;  and  it  is  confidently 
expected  that  some  plan  will  be  adopted,  by  which  general  satisfaction  will 
be  afforded  to  the  people  of  the  State. 

The  4th  section  of  the  bill  provides  for  the  apportionment  and  division  of 
J^th  the  amount  raised  by  tax,  and  54th  of  all  other  moneys  appropriated  to 

*  Hon.  Horace  Mann. 


FREE  SCHOOLS  453 

the  support  of  common  schools,  equally  among  the  several  school  districts 
of  the  State,  and  an  apportionment  of  33  cents  for  each  child,  but  not  to 
exceed  in  the  aggregate  the  sum  of  $24,  is  directed  to  be  paid  each  separate 
neighborhood  in  the  State.  (It  is  proper  to  remark  that  this  term  is  used 
to  designate  those  parts  of  school  districts,  some  6  or  8  in  number,  adjacent 
to  the  borders  of  the  States  of  Pennsylvania  and  Massachusetts).  The 
provisions  of  this  section  were  made  with  particular  reference  to  the  sparsely 
populated  districts  of  the  State,  which,  without  such  equal  distribution,  would 
be  unable  to  sustain  a  good  and  efficient  public  school.  Your  committee 
could  not  reconcile  it  with  a  sense  of  justice  to  the  larger  districts,  forming  a 
majority  in  the  State,  to  recommend  the  equal  distribution  of  any  greater 
sum. 

By  the  5th  section  of  the  bill,  the  remaining  one-fourth  of  the  amount 
raised  by  a  state  tax,  together  with  three-fourths  of  all  other  moneys 
appropriated  by  the  State  for  the  support  of  common  schools,  is  apportioned 
according  to  the  number  of  children  between  the  ages  of  4  and  21  years  of 
age,  residing  in  said  district.  It  is  also  enjoined  that  the  schools  shall  be 
kept  open  during  8  months  of  the  year,  by  a  duly  qualified  teacher. 

It  is  expected  by  your  committee  that  the  amount  to  be  raised  by  the  State 
tax,  to  wit :  $800,000,  in  addition  to  the  appropriation  from  the  income  of 
the  common  school  fund,  which,  by  the  income  of  the  fund,  may  be  increased 
to  $300,000,  thus  making  the  total  sum  of  $1,100,000  for  the  payment  of 
teacher's  wages,  will  be  sufficient  to  support  the  common  schools  for  a  period 
of  eight  months.  But  in  case  there  should  be  a  deficiency;  or  if  it  were 
deemed  advisable  by  the  trustees  to  continue  the  schools  for  a  longer  period, 
then  it  is  required  by  the  6th  section  of  the  bill  that  "  the  balance  to  be  raised 
in  any  school  district  for  the  payment  of  teacher's  wages,  beyond  the  amount 
provided  by  the  previous  section  of  the  bill,  shall  be  raised  by  a  poll  tax  to 
be  levied  by  the  trustees  upon  each  resident  of  the  district  entitled  to  vote 
at  the  school  district  meetings,  of  such  an  amount  as  will  make  up  such 
balance."  The  qualifications  requisite  for  a  voter,  as  prescribed  by  law, 
are  the  following: 

1  The  voter  must  be  a  male. 

2  Of  full  age,  that  is,  twenty-one  years  old  or  more. 

3  He  must  be  an  actual  resident  of  the  district. 

4  He  must  be  entitled  by  law  to  hold  land  in  this  State;  and  must  own 
or  hire  real  property  in  the  district  subject  to  taxation  for  school  purposes, 
or 

.  5  He  must  be  ?uthorized  to  vote  at  town  meetings  of  the  town  in  which 
the  district,  or  part  of  the  district  is  situated,  or  must  own  personal  property 
liable  to  be  taxed  for  school  purposes  in  the  district,  exceeding  fifty  dollars 
in  value,  exclusive  of  what  is  exempt  from  execution. 

During  the  year  1849.  as  appears  by  the  last  annual  report  of  the  Super- 
intendent of  Common  Schools,  there  was  expended  for  teachers'  wages  the 
sum  of  $1,322,696.24.  Of  this  amount  $767,389.20  was  public  money, 
$508,724.56  raised  on  rate  bills  from  those  sending  to  school,  $31,934.27 
raised  by  district  taxation,  to  supply  deficiency  in  the  collection  of  such  rate 
bills,  and  $14,748.21  raised  in  like  manner,  to  defray  the  rate  bills  of  indigent 
persons ;  the  number  of  children  placed  in  the  list  of  indigent  exempts 
having  been  18,686.    The  sum  of  $22,226.26,  included  in  the  above  ampunt  of 


454  THE  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

public  money  and  appropriated  for  the  payment  of  teachers'  wages,  was 
raised  from  local  funds  belonging  to  several  of  the  counties  and  towns  of 
the  State. 

Taking,  therefore,  these  statistics  as  a  basis,  we  can  calculate  with  some 
degree  of  certainty  the  amount  of  poll  tax  to  be  paid  by  each  person  upon 
whom  the  trustees  are  authorized  to  levy  it.  To  the  $800,000  proposed  to 
be  raised  by  a  State  tax,  there  may  be  added  the  sum  of  $300,000,  to  be 
appropriated  from  the  income  of  the  income  of  the  Common  School  Fund 
and  of  the  U.  S.  Deposit  Fund,  and  also  the  sum  of  $22,226,  from  the  local 
funds  belonging  to  different  counties  and  towns,  making  a  total  sum  of 
$1,122,226.  There  will  then  be  required  to  make  up  the  deficiency  for  the 
payment  of  teachers'  wages,  $200,470.  There  are  nearly  12,000  school 
districts  in  this  State,  and  it  is  fair  to  assume  that  the  number  of  residents 
in  each  district  entitled  to  vote  at  school  meetings,  will  average  twenty-five 
voters,  thus  making  an  aggregate  of  300,000  persons  upon  whom  to  levy  a 
poll  tax.  The  average  amount  to  be  assessed  upon  each  person,  therefore, 
would  not  exceed  the  sum  of  67  cents. 

It  is  naturally  to  be  expected,  that  under  the  free  school  system  there 
would  be  an  increase  of  scholars ;  though  such  increase  would  not  necessarily 
imply  a  larger  expenditure  for  the  payment  of  teachers'  wages,  yet  a  liberal 
allowance  may  be  made  therefore,  and  the  result  will  not  vary  materially. 
For,  by  the  gradual  increase  of  the  appropriation  from  the  income  of  the 
common  school  fund,  by  reason  of  the  annual  increase  of  its  capital,  and 
increase  of  the  poll  tax  to  average  75  cents  per  capita,  would  be  amply 
sufficient  to  make  up  any  deficiency. 

It  is  deemed  advisable,  to  ensure  an  economical  administration  of  the 
schools,  that  a  portion  of  the  funds  for  their  support  should  be  raised  from 
the  districts,  and  your  committee,  upon  mature  deliberation,  would  suggest 
the  plan  of  a  poll  tax  as  best  adapted  to  accomplish  this  result,  and  least 
liable  to  objection.  It  cannot  be  said  to  be  a  tax  upon  the  basis  of  population, 
inasmuch  as  it  is  not  proposed  to  tax,  indiscriminately,  all  the  inhabitants  of 
a  district,  but  only  those  qualified  to  vote  at  school  meetings.  It  may  be 
said,  therefore,  with  more  propriety,  to  be  a  tax  upon  capital  and  labor 
combined. 

The  main  support  of  our  free  institutions  rests  upon  the  virtue  and 
intelligence  of  the  great  laboring  class.  It  is  desirable,  therefore,  that  labor 
should  be  elevated  by  a  spirit  of  honest  independence.  For  this  reason 
among  others,  the  schools  are  made  free,  that  the  children  of  labor  may, 
in  the  public  schools  of  the  State,  claim  a  perfect  equality  with  the  more 
favored  children  of  fortune.  It  is  conceived,  therefore,  to  be  a  wise  and 
politic  measure  to  give  to  labor  the  opportunity  to  contribute  its  share 
towards  the  support  of  an  institution  designed  expressly  for  its  moral  and 
social  elevation.  There  are  many  who  are  able  and  willing  to  contribute  the 
price  of  a  day's  labor  for  the  support  of  a  school,  who  would  be  unable  to 
raise  the  amount  required  to  be  paid  upon  a  rate  bill.  A  noble,  manly  pride 
belongs  of  right  to  labor,  and  when  that  pride  is  appealed  to  in  aid  of 
the  50,000  children  of  want  in  the  State,  who  will  not  crave  the  boon  of  an 
exemption  from  the  rate  bill,  it  will  not  hear  the  appeal  in  vain.  Again, 
the  repeated  demands  of  labor  have  made  the  common  schools  of  the  State, 
in  reality,  free.    Yet  it  is  denied  the  privilege  of  paying  its  due  proportion 


FREE   SCHOOLS  455 

of  the  means  required  to  keep  them  free.  It  is  not,  therefore,  morally 
free ;  and  is  but  "  as  a  guest  eating  a  feast  at  the  expense  of  its  host,  and 
does  not  feel  at  liberty  to  question  the  prudence  or  liberality  of  the  giver, 
or  to  suggest  improvement." 

With  this  brief  exposition  of  its  leading  features,  the  bill  is  respectfully 
submitted  for  the  consideration  of  the  House. 


Albany,  February  6th  1851 


Theo.  H.  Benedict*  (Westchester  county) 
Charles  H.  Swords'  (New  York  county) 
Wm.   H.   Feller    (Dutchess  county) 


AN    ACT  TO   ESTABLISH    FREE    SCHOOLS   THROUGHOUT    THE    STATE 

The  People  of  the  State  of  New- York,  represented  in  Senate  and  Assembly 

do  enact  as  follows : 

Section  i  Common  schools  in  the  several  school  districts  in  this  State 
shall  be  free  to  all  persons  residing  in  the  district  over  five  and  under 
twenty-one  years  of  age.  Persons  not  resident  of  a  district  may  be  admitted 
into  the  schools  kept  therein,  with  the  approbation  in  writing  of  the  trus- 
tees thereof,  or  a  majority  of  them. 

2  There  shall  hereafter  be  raised  by  tax  in  each  and  every  year,  upon  the 
real  and  personal  estate  within  this  State,  the  sum  of  eight  hundred  thou- 
sand dollars,  which  shall  be  levied,  assessed  and  collected  in  the  mode  pre- 
scribed by  chapter  thirteen,  part  first  of  the  Revised  Statutes,  relating  to 
assessment  and  collection  of  taxes,  and  when  collected,  shall  be  paid  over 
to  the  respective  county  treasures,  subject  to  the  order  of  the  State  Super- 
intendent of  Common  Schools. 

3  The  State  Superintendent  of  Common  Schools  shall  ascertain  the  por- 
tion of  said  sum  of  eight  hundred  thousand  dollars  to  be  assessed  and  col- 
lected in  each  of  the  several  counties  of  this  State,  by  dividing  the  said  sum 
among  the  several  counties,  according  to  the  valuation  of  real  and  personal 
estate  therein,  as  it  shall  appear  by  the  assessment  of  the  year  next  preced- 
ing the  one  in  which  said  sum  is  to  be  raised,  ^nd  shall  certify  to  the  clerk 
of  each  county,  before  the  loth  day  of  July  in  each  year,  the  amount  to  be 
raised  by  tax  in  such  county;  and  it  shall  be  the  duty  of  the  several  county 
clerks  of  this  Stale,  to  deliver  to  the  boards  of  supervisors,  of  their  respec- 
tive counties,  a  copy  of  such  certificate  on  the  first  day  of  their  annual  ses- 
sion, and  the  board  of  supervisors  of  each  county  shall  assess  such  amount 
upon  the  real  and  personal  estate  of  such  county,  and  in  the  manner  pro- 
vided by  law  for  the  assessment  and  collection  of  taxes. 

» Theodore  H.  Benedict  was  born  in  New  York  City  March  31,  1821.  He  was  a 
graduate  of  Yale  College  and  lived  most  of  the  time  on  his  estate  at  Tarrytown,  being 
possessed  of  a  considerable  fortune.  In  1850  he  was  elected  to  the  Assembly  on  the  Whig 
ticket  in  a  district  in  Westchester  county  which  had  always  given  large  Democratic 
majorities.  Although  the  youngest  member  of  ths  Assembly  of  1851,  he  took  a  promi- 
nent part  in  the  session.  He  was  chairman  of  the  committee  on  colleges,  academies  and 
common  schools  and  made  a  report  which  received  much  commendation.  He  was  promi- 
nently identified  with  the  activities  of  his  party  but  declined  further  public  office  as  he 
was  obliged  to  travel  much  of  the  time  on  account  of  ill  health.  During  the  Civil  War 
he  devoted  his  time  and  means  to  the  raising  and  equipping  of  volunteers  for  the  Union 
Army. 

*  Charles  R.  .Swords  descended  from  a  family  which  settled  in  Saragtoga  county  in 
1756.  He  was  the  son  of  James  Swords  who  was  a  publisher  in  New  York  City  and  later 
the  president  of  the  Washington  Insurance  Company.  Charles  R.  Swords  was  a  mer- 
chant and  after  retiring  from  business  devoted  himself  to  literature  and  music. 


456  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

4  The  State  Superintendent  of  Common  Schools  shall,  on  or  before  the 
first  day  of  January  in  every  year,  apportion  and  divide,  or  cause  to  be 
apportioned  and  divided,  one-fourth  of  the  sum  so  raised  by  general  tax, 
and  one-fourth  of  all  other  moneys  appropriated  to  the  support  of  common 
schools  among  the  several  school  districts,  parts  of  districts,  and  separate 
neighborhoods  in  this  State,  from  which  reports  shall  have  been  received 
in  accordance  with  law,  in  the  following  manner,  viz :  to  each  separate 
neighborhood  there  shall  be  apportioned  and  paid  a  sum  of  money  equal 
to  thirty-three  cents  for  each  child  in  such  neighborhood,  between  the  ages 
of  four  and  twenty-one ;  but  the  sum  so  to  be  apportioned  and  paid  to  any 
such  neighborhood,  shall  in  no  case  exceed  the  sum  of  twentj'-four  dollars, 
and  the  remainder  of  such  one-fourth  shall  be  apportioned  and  divided 
equally  among  the  several  districts;  and  the  State  Superintendent  of  Com- 
mon Schools  shall  by  proper  rgeulations  and  instructions  to  be  prescribed 
by  him,  provide  for  the  payment  of  such  moneys  to  the  trustees  of  such 
separate  neighborhoods  and  school  districts. 

5  It  shall  be  the  duty  of  the  State  Superintendent  of  Common  Schools, 
on  or  before  the  first  day  of  January  in  every  year,  to  apportion  and  divide 
the  remaining  three-fourths  of  the  said  amount  of  eight  hundred  thousand 
dollars,  together  with  the  remaining  three-fourths  of  all  other  moneys 
appropriated  by  the  State  for  the  support  of  common  schools,  among  the 
several  counties,  cities  and  towns  of  the  State,  in  the  mode  now  prescribed 
by  law  for  the  division  and  apportionment  of  the  income  of  the  common 
school  fund ;  and  the  share  of  the  several  towns  and  wards  so  apportioned 
and  divided,  shall  be  paid  over,  on  and  after  the  first  Tuesday  of  February, 
in  each  year,  to  the  several  town  superintendents  of  common  schools,  and 
ward  or  city  officers,  entitled  by  law  to  receive  the  same,  and  shall  be  appor- 
tioned by  them  among  the  several  school  districts  and  parts  of  districts  in 
their  several  towns  and  wards,  according  to  the  number  of  children  between 
the  ages  of  four  and  twenty-one  years  residing  in  said  districts  and  parts 
of  districts,  as  the  same  shall  have  appeared  from  the  last  annual  report 
of  the  trustees ;  but  no  moneys  shall  be  apportioned  and  paid  to  any  dis- 
trict or  part  of  a  district,  unless  it  shall  appear  from  the  last  annual  report 
of  the  trustees  that  a  school  has  been  kept  for  at  least  eight  months  during 
the  year,  ending  with  the  date  of  such  report,  by  a  duly  qualified  teacher, 
unless  by  special  permission  of  the  State  Superintendent  of  Common 
Schools. 

6  Any  balance  required  to  be  raised  in  any  school  district  for  the  pay- 
ment of  teachers'  wages  beyond  the  amount  apportioned  to  such  district  by 
the  previous  provisions  of  this  act,  and  other  public  moneys  belonging  to  the 
district  and  applicable  to  the  payment  of  teachers'  wages,  shall  be  raised 
in  the  following  manner:  It  shall  be  the  duty  of  the  trustees  of  each  school 
district  within  thirty  days  after  the  time  of  holding  the  annual  meeting  of 
such  district  in  each  year  to  levy  a  poll  tax  of  such  amount  upon  each  resi- 
dent of  the  district  entitled  to  vote  at  school  district  meetings  as  will  make 
up  such  balance,  and  to  make  out  and  deliver  to  the  collector  of  the  dis- 
trict their  warrant  therefor,  which  shall  be  executed  by  the  said  collector 
in  the  same  mode  in  all  respects  as  is  provided  by  law  in  the  case  of  other 
school  district  assessments,  and  the  amoiuit  when  collected  shall  be  paid 
over  to  the  trustees,  or  one  of  them,  and  be  expended  for  the  payment  of 
teachers'  wages. 


FREE   SCHOOLS  457 

7  The  Slate  Superintendent  of  Common  Schools  shall  have  exclusive  juris- 
diction on  appeal,  in  such  manner  and  under  such  regulations  as  shall  be 
prescribed  by  him,  over  all  controversies  arising  under  the  several  laws 
relating  to  common  schools,  and  his  decision  shall  be  final  and  conclusive. 

8  Nothing  in  this  act  shall  be  so  construed  as  to  repeal  or  alter  the  pro- 
visions of  any  special  act  relating  to  schools  in  any  of  the  incorporated 
cities  or  villages  of  this  State,  except  so  far  as  they  are  inconsistent  vk^ith 
the  provisions  contained  in  the  first,  second,  third  and  fourth  sections  of 
this  act. 

9  All  provisions  of  law  now  in  force  requiring  the  several  boards  of 
supervisors  to  raise  by  tax,  any  sum  of  money  for  the  support  of  common 
schools  in  this  State,  and  all  other  laws  and  parts  of  laws,  inconsistent  or 
incompatible  with  the  provisions  of  this  act,  are  hereby  repealed. 

10  The  State  Superintendent  of  Common  Schools  shall  cause  to  be  pre- 
pared, published  and  distributed  among  the  several  school  districts,  and 
school  officers  of  the  State,  a  copy  of  the  several  acts  now  in  force  relating 
to  common  schools,  with  such  instructions,  digest  and  expositions  as  he 
may  deem  expedient;  and  the  expense  incurred  by  him  therefor  shall  be 
audited  by  the  Comptroller,  and  paid  by  the  Treasurer. 

11  All  the  moneys  received  or  appropriated  by  the  provisions  of  this  act, 
shall  be  applied  to  the  payment  of  teachers'  wages  exclusively. 

12  This  act  shall  take  effect  on  the  first  day  of  July  next:  but  nothing 
herein  contained  shall  be  so  construed  as  to  affect  provisions  already  made 
in  the  several  school  districts,  for  the  support  of  schools  therein,  under 
existing  laws,  for  the  current  year. 

STATE  OF  NEW  YORK 

No.  42 

In  Assembly,  Febniary  6,  1851 
No.  42 
Report 
Of  the  minority  of  the  committee  on  colleges,  academies  and  common  schools 
in   the   several   bills   and   petitions   referred   to   that  committee   relating  to 
common  schools. 

The  minority  of  the  committee  on  colleges,  academies  and  common  schools 
to  which  were  referred  several  bills  and  petitions  relating  to  common  schools, 

REPORT: 
That  immediately  after  the  organization  of  said  committee,  the  several 
bills  and  petitions  relating  to  common  schools  were  taken  up  for  considera- 
tion, and  after  two  or  three  meetings  had  been  held  it  was  understood  that 
the  committee  so  far  agreed  in  opinion  upon  the  subject  that  a  report  could 
be  made  upon  which  there  would  be  concurrence  as  to  principles  and  sub- 
stance; details  only  remaining  subject  of  doubt  and  difficulty;  and  the  chair- 
man of  the  committee  Mr  T.  H.  Benedict,  expressing  a  wish  to  prepare  a 
report,  an  adjournment  was  agreed  to  for  the  purpose  of  giving  necessary 
time,  and  the  committee  was  afterwards,  on  the  4th  instant,  assembled  to 
hear  read  the  report  prepared  by  the  chairman,  when,   for  the  first  time,  a 


458  THE    UNMVEKSITV    OF   THE    STATE   OF    NEW    YORK 

new  method  was  proposed  providing  for  the  support  in  part,  of  common 
schools  to  which  the  minority  could  not  assent. 

It  will  be  seen  by  reference  to  the  bills  submitted  by  the  majority,  and  the 
minority,  that  the  committee  have  unanimously  agreed  to  recommend  the 
levy  of  a  general  tax  upon  the  real  and  personal  property  liable  to  taxation 
in  the  State  at  large,  to  the  amount  of  $800,000,  that  the  committee  are  also 
unanimous  as  to  the  mode  of  dividing  and  applying  this  sum,  together  with 
all  other  public  moneys  from  whatever  source  to  be  derived,  and  that  the 
only  point  of  disagreement  arose  from  the  mode  in  which  the  balance 
required  to  support  common  schools  should  be  raised. 

This  balance  the  majority  proposes  to  raise  by  capitation  or  "  poll  tax 
upon  persons  having  the  right  to  vote  at  school  district  meetings  "  without 
reference  to  the  pecuniary  ability  of  the  voter,  the  minority  proposing  to 
raise  the  balance  by  rate  bill  upon  those  sending  to  school,  excepting  from 
such  rate  bill  all  persons  not  having  pecuniary  ability  to  pay. 

The  majority  by  the  first  section  of  their  reported  bill,  propose  to  declare 
all  common  schools  free. 

The  minority  bill  contains  no  section  which  would  authorize  the  applica- 
tion of  the  high-sounding  title  "  free  common  schools,"  but  it  is  believed  by 
the  minority  that  the  bill  which  they  have  reported  is  better  adapted  to  the 
wants  of  the  people  of  the  Slate  than  the  system  now  in  operation;  and 
infinitely  better  adapted  to  the  condition  and  prosperity  of  the  common 
schools  of  this  State  than  the  poll  tax  system  proposed  by  the  majority. 

It  is  believed  that  numerous  weighty  reasons  could  be  adducted  in  proof 
of  this  opinion  drawn  from  the  experience  of  the  past,  and  the  practical 
working  of  a  system  of  common  schools  which  has  been  in  operation  in  this 
State  for  a  period  extending  over  half  a  century.  But  the  minority  refrain 
at  present  from  entering  upon  the  reasons  which  decide  their  preference  to 
a  rate  bill  over  a  poll  tax  system,  preferring  in  the  first  place  to  bring  for- 
ward some  reasons  and  suggestions  in  favor  of  adopting  the  bill  reported 
by  the  minority  as  a  substitute  for  the  law  now  in  force  commonly  called 
the  "  free  school  law." 

And  the  undersigned  will  not  at  this  point  consult  the  theories  of  political 
philosophers  or  socialists  to  aid  them  in  deciding  the  point  in  question,  but 
will  look  rather  to  the  condition  of  the  State  than  theory  and  will  assume  as 
truth  that  which  to  by  far  the  largest  portion  of  the  community  interested 
appears  to  have  been  demonstrated  during  the  existence  of  the  present  law. 

It  is  assumed  then  that  the  present  law  is  condemned  throughout  the  State 
in  every  town  where  its  practical  effects  are  felt.  In  the  cities  where  com- 
mon schools  have  been  supported  by  general  tax  upon  the  city  at  large  the 
operation  of  a  partial  and  unequal  system  of  taxation  are  not  felt. 

And  in  considering  the  value  of  public  opinion  upon  the  existing  law  the 
vote  cast  in  cities  should  for  this  reason  be  omitted;  it  will  not  be  pretended 
that  the  vote  cast  in  the  rural  districts  against  the  repeal  of  the  free  school 
law  should  be  counted  in  favor  of  the  law  as  it  stands.  That  vote  should  be 
understood  as  an  expression  of  the  opinion  of  so  many  voles  in  favor  of 
the  principles  of  "  free  schools,"  and  as  such  the  most  respectful  considera- 
tion should  be  given  to  it. 

The  principle,  or  sentiment,  which  prompted  this  vote,  is  nearly  allied  to 


FREE   SCHOOLS  459 

the  general  maxim  which  has  governed  the  Legislature  of  the  State  for 
more  than  a  half  a  centur>'. 

To  establish  public  schools,  which  all  should  be  free  to  enter  upon  equal 
terms,  and  to  endow  these  schools  by  appropriations  from  the  treasury  of 
the  State,  the  common  property  of  the  people. 

In  this  way  education  has  been  cheapened,  and  made  accessible  to  all  the 
children  of  the  State  living  in  districts  sufficiently  populous  to  organize  a 
common  school  district;  and  from  the  year  1795,  when  $250,000  was  appro- 
priated for  the  support  of  common  school  for  five  years,  $50,000  in  each 
year,)  to  the  present  time,  this  policy  has  been  pursued  with  a  constancy 
of  purpose  which  has  known  no  change,  and  with  an  enlightened  liberality 
worthy  of  all  praise,  until  our  system  of  common  schools  had,  in  1848, 
acquired  a  position  for  usefulness  almost  Vvithout  parallel  in  the  world. 

It  is  not  necessary  to  attempt  the  defence  of  every  item  of  policy  which, 
during  fifty-three  years,  contributed  to  this  result;  but  it  may  be  said, 
"  without  fear  of  dispute,"  that  every  measure  adopted  was  the  offspring 
of  pure  and  honorable  motives;  and  it  is  due  to  the  venerated  names  asso- 
ciated with  the  past  legislation  of  this  State,  to  acknowledge;  that  to  our 
wise  and  patriotic  predecessors  we  are  indebted  for  a  system  of  common 
schools  possessing  many  essential  elements  of  great  value  and  requiring  only 
amendments  and  development  to  adapt  it  to  the  wants  of  the  present  age. 

This  age  is  esteemed  by  many  as  a  radical,  reformatory  age,  possessing 
more  wisdom  and  virtue  than  any  preceding  it;  and  some  persons  fully  pos- 
sessed of  this  opinion,  without  pausing  to  inquire  into  its  origin  or  truth- 
fulness, and  believing,  doubtless,  that  upon  themselves  a  large  part  of  the 
business  of  reformation  has  been  cast  by  providence,  accident,  or  by  vir- 
tue of  their  superior  genius,  have  set  themselves  at  work  to  hew  down  every 
institution  of  the  State  that  they  might  enjoy  the  exclusive  glory  of  rear- 
ing new  institutions  which  should  reflect  their  wisdom  to  posterity  in  such 
sublime  effulgence  as  entirely  to  eclipse  all  who  had  gone  before  them. 

Such  lights  have  blessed  our  political  firmament,  and  during  the  last  few 
years  many  such  have  enacted  their  "  fantastic  tricks "  for  a  season,  and 
disappeared,  not  unlike  those  strange  bodies  which  occasionally  visit  our 
solar  system  from  the  unexplored  regions  of  the  universe,  to  alarm  the  timid 
and  instruct  the  wise  for  a  season,  and  disappear  again  upon  their  pathless 
journey  through  "  nameless  regions  void,"  and  though  in  their  passage  the 
existing  order  has  been  disturbed,  and  the  public  mind  convulsed,  the  names 
of  Jay,  Tompkins  and  Clinton,  Young,  Spencer  and  Savage,  are  still  known 
and  remembered  v.ith  pride  and  veneration. 

It  is  too  common  an  error  to  invent  theories  and  bring  to  their  support 
hypotheses,  and  thence  derive  conclusions  which  have  not  a  grain  of  experi- 
ence to  sustain  them ;  such  theories,  put  to  the  test  of  practical  development, 
usually  fail,  to  the  astonishment  of  their  inventors  and  perhaps  the  discom- 
fiture of  society. 

Such  has  been  the  character  of  legislation  respecting  common  schools; 
instead  of  improving  the  really  excellent  system  which  we  had  in  1848,  by 
increasing  gradually  from  year  to  year  the  amount  of  public  moneys  ap5)li- 
cable  to  their  support,  until  the  point  should  be  reached  which  would  make 
our  system  available  to  every  one  upon  terms  entirely  just  and  equitable, 
the  idea  of  "  free  schools "  was  seized  upon  as  a  "  popular  element,"  and 


460  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

without  waiting  to  enquire  what  the  character  of  a  school  must  be,  or  in 
what  manner  endowed  or  supported,  to  entitle  it  justly  to  that  appellation,  a 
law  was  adopted  requiring  every  school  district  in  the  State  to  keep  open  a 
common  school  which  should  be  "  free  to  every  child  between  the  ages  of 
4  and  21  years,  by  levying  a  tax  upon  the  property  of  the  district  to  pay 
teachers'  wages."  A  trifle  more  wisdom  and  logic  of  the  "  same  sort " 
would  have  dictated  a  law  that  every  man  in  the  State  should  keep  open  a 
common  school  in  his  own  house  to  educate  his  own  children,  levy  a  tax 
upon  his  own  property  to  pay  the  teacher;  the  same  logic  could  without  dif- 
ficulty demonstrate  that  this  would  be  a  "  free  school." 

If  each  separate  school  district  in  the  State  constituted  an  independent 
community,  having  no  relationship,  political  connection  or  commercial 
exchange  with  any  other  part  of  the  State,  such  a  free  school  system  might 
with  more  propriety  be  adopted. 

The  proposition  to  endow  public  schools  from  the  public  treasury  to 
cheapen  education  so  that  all  might  enjoy  the  advantages  of  learning,  was 
the  offspring  of  noble  sentiment.  To  dignify  it  as  one  of  the  noblest  sen- 
timents of  humanity,  it  must  embrace  the  people  of  an  entire  State  or  empire, 
voluntarily  agreeing  to  enact  laws  subjecting  the  entire  property  of  the 
commonwealth  to  taxation  for  the  support  of  schools,  open  to  all  the  chil- 
dren of  the  State.  Such  a  sentiment  must  rest  upon  the  belief  that  mutual 
relations  exist  between  the  people  of  every  commonwealth,  rendering  it 
obligatory  upon  all  to  give  to  every  child  in  the  Stale  such  a  degree  of 
learning  as  would  be  essential  to  success  in  the  ordinary  business  of  life, 
and  to  direct  the  mind  in  pursuit  of  virtue  and  happiness. 

It  is  not  intended  to  pause  in  this  place  to  enumerate  the  various  rela- 
tions out  of  which  such  obligations  grow,  or  to  review  the  principle  which 
claims  for  every  child  the  fostering  care  of  the  State. 

This  principle,  long  ago  adopted,  is  now  universally  admitted,  and  the  only 
inquiry  now  remaining  for  us,  how  shall  it  be  most  successfully  accom- 
plished ? 

Shall  wc  discard  the  principle  and  dishonor  the  State  by  an  attempt  to 
localize  our  duties,  relations  and  sympathies,  to  those  in  sight  of  our  own 
dwellings?  Or  shall  the  citizens  of  Albany  and  Rensselaer  enjoying  a  rich 
commerce  with  every  county  in  the  State,  recognize  the  children  of  Chau- 
tauqua and  Steuben,  Cattaraugus  and  St  Lawrence,  as  within  the  range  of 
their  sympathies,  within  the  pale  of  civilization,  so  far  as  to  be  entitled 
to  receive  from  the  treasury  of  the  State  substantial  aid  to  assist  in  main- 
taining schools  for  their  education?  Will  the  people  of  the  city  of  Albany, 
or  any  other  wealthy  cities  or  counties  in  the  State  encircle  themselves  with 
artificial  geographical  lines,  and  say  to  the  rest  of  the  State,  "  we  will  edu- 
cate our  own  children  within'  these  lines,  and  you  may  take  care  of  your 
own,  we  have  more  wealth  than  you,  and  cannot  afford  to  be  recognised 
as  your  relations." 

If  such  a  distinction  is  to  be  recognised,  allow  first  the  wealthy  cities  to 
say  to  the  country,  we  cannot  permit  you  to  tax  us  to  educate  jour  chil- 


FREE   SCHOOLS  461 

dren.  We  recognize  no  obligation  which  allows  such  a  practice,  we  know 
of  no  relationship  with  you  which  admits  of  the  adoption  of  such  a  rule. 

The  country  villages,  in  imitation  of  such  an  example,  claim  the  right  of 
exemption  fiom  taxation  to  support  schools  in  the  rural  districts,  and  the 
wealthy  fanner  in  such  districts,  upon  the  same  principle,  claims  to  be 
exempt  from  taxes  to  educate  the  children  of  his  less  opulent  or  poorer 
neighbor. 

Let  these  claims  of  selfishness  be  acknowledged,  and  we  may  justly  inquire, 
who  in  our  wide  State  holds  such  relations  to  the  poor  as  to  be  willing  to 
contribute  to  their  education;  and  the  children  of  the  poor  might  justly 
exclaim,  "  We  have  appealed  to  the  cities  where  wealth  is  located,  and  have 
been  denied;  we  have  proffered  our  petition  to  the  wealthy  villages  of  the 
State,  and  a  deaf  ear  has  been  turned  to  us ;  we  have  implored  our  own 
neighbors,  living  within  our  sight,  to  help  us,  and  in  imitation  of  the  exam- 
ple of  others,  our  prayer  has  been  spurned  by  them." 

The  undersigned,  believing  that  the  present  school  system  of  the  State 
could  not  be  sustained,  have  reported  a  bill,  which,  it  is  believed,  will  remove 
existing  difficulties. 

The  bill  presented  by  them,  not  proposing  to  make  our  common  schools 
absolutely  free  to  every  one  without  any  pecuniary  charge,  involves  neces- 
sarily the  question  whether  the  Legislature  shall  regard  the  vote  of  the 
State  upon  the  existing  laws,  as  entitled  to  the  respect  due  a  superior 
authority. 

The  undersigned  believe  that  the  people  of  this  State,  by  the  emphatic 
majority,  158,000  votes  cast  in  favor  of  free  schools,  in  184Q,  were  gov- 
erned by  a  desire  to  see  our  common  schools  improved,  and  their  advan- 
tages secured  to  the  largest  possible  number. 

The  aim  was  not  so  much  to  establish  a  theory  as  to  attain  a  substantial, 
valuable  reality;  the  statute  to  whiqh  they  gave  the  sanction  of  their  votes 
proved  to  be  a  theory  only,  which  promised  the  substance  and  gave  but  a 
shadow,  the  discontent  which  followed  brought  to  your  Legislature  last 
year  numerous  petitions  for  modification  or  repeal ;  and  gathering  the  spirit 
of  these  petitions  from  the  evils  of  which  they  complained,  the  members  of 
the  Assembly  of  1850  passed  with  great  unanimity  a  bill  the  same  substan- 
tially as  the  one  now  presented  by  the  undersigned,  but  at  a  period  so  late 
in  the  session  that  it  failed  to  receive  the  consideration  of  the  Senate;  and 
on  the  last  day  of  the  session  a  bill  was  sent  from  the  Senate  to  the  House, 
providing  for  a  resubmission  of  the  law  of  1849  to  the  people.  It  is  unnec- 
essary here  to  discuss  the  policy  of  such  submission,  and  the  fact  is  men- 
tioned in  this  place  only  with  the  view  of  adding,  that  such  was  the  force 
of  public  opinion  against  the  existing  law,  that  the  Legislature  of  1850  did 
not  deem  it  proper  to  adjourn  without  passing  some  law  upon  the  subject. 

The  people  again  voted  upon  the  law  of  1849,  and  the  vote  is  here  set 
down  for  the  purpose  of  a  canvass  of  its  merits. 

The  following  statement  of  the  vote  in  the  several  counties  of  the  State, 
for  and  against  the  repeal  of  the  free  school  law,  is  derived  from  the 
official  returns  to  the  Secretary  of  State's  office : 


462 


THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 


For  repeal 
of  the  new 
school  law 


Albany     3.31° 

Allegany     3,787 

Broome     3<02i 

Cattaraugus     3ii7S 

Cayuga     3i639 

Chautauqua     4.724 

Chemung     2,315 

Chenango    4,828 

Clinton     i  ,963 

Columbia     2,566 

Cortland    3,15° 

Delaware     4,068 

Dutchess    2,841 

Erie    4.672 

Essex     2,138 

Fraaklin     i  ,664 

Fulton     2,310 

Genesee     2,830 

Greene    3,217 

Herkimer     3,588 

Jefferson     6,064 

Kings     1 ,060 

Lewis    1,709 

Livingston     3,599 

Madison     3,896 

Monroe    S,099 

Montgomery     2,253 

New    York    987 

Niagara     3,461 

Oneida    7,4i4 

Onondaga     4, 65  7 

Ontario    3,712 

Orange     4,183 

Orleans     2,835 

Oswego     4,241 

Otsego    3,816 

Putnam     845 

Queens     i>S42 

Rensselaer     3,3  7o 

Richmond    3Si 

Rockland      826 

St    Lawrence    4,628 

Saratoga    4,21 1 

Schenectady    1,365 

Schoharie     4>iS0 

Seneca    1,810 

Steuben     5,377 

Suffolk     2,252 

Sullivan     1,748 

Tioga     2,784 

Tompkins     4,44i 

Ulster     3,826 

Warren     i  ,806 

Washington     3,726 

Wayne     4,742 

Westchester     2, 1 64 

Wyoming     3, 1 5  5 

Yates    2,186 

Total     184,308 

Majority  against  repeal,  25,038 


Against 

repeal  Majority 

of  the  for 

new  repeal 
school 

law 

8.582         

2,161  1,626 

1.846  17s 
2,196  979 
3,409  230 
3,094  1,630 
2,135  180 
2,358  2,470 
1,893  70 

4,394  

1,153  ',997 

4,040  2,028 

6,764  

6,415  

1,559  597 

1,221  443 

1,537  973 

1,698  1,132 

1.847  1,379 
3,038  50 
3,959  2,106 

11,136    

455  964 

2,548  1,051 

3,254  642 

5,031  68 

3,205    

38,816    

2,169  1,292 

6,5 '7  897 

6.583    

2,970  742 

3,274  909 

1,523  1,312 

3.770  471 

4,096  1,720 

959    

2,050    

7,176    

1,212    

948    

3,559  1,069 

3,077  1. 134 

1,417    

1,611  2,548 

2,113    

4,ot6  1,361 

1,884  368 

1,475  273 

1,130  1,654 

1,924  2,517 

4,063    

1,102  704 

2,718  1,008 

2,605  2,136 

4,436  

1,610  1,545 

1,525  661 

209,346  46,874 


Majority 
against 
repeal 


5,272 


1,823 


3,923 
1.743 


10,076 


1,042 
37,827 


1,926 


X14 
508 
3,806 
861 
1 12 


52 


237 


71,912 


The  above  table  shows  that  41  counties  gave  an  aggregate  majority  of 
46,874  against  the  law.  whilst  the  remaining  17  counties  gave  aggregate 
majorities  amounting  to  71,912  in  favor  of  the  law.  Properly  to  estimate 
the  value  of  this  vote,  those  cities  having  special  school  laws  for  their  gov- 
ernment, which  would  not  in  any  degree  be  affected  by  the  vote  should  be 
excepted,  and  if  we  take  from  the  vote  the  votes  given  in  the  following 
counties  in  each  of  which  large  cities  are  located,  namely: 


FREE   SCHOOLS  463 

Majorities 

City  and  county  of  New  York 37,827 

Albany 5,272 

Dutchess  3,923 

Erie   1,743 

Kings  10,076 

Rensselaer 3,806 

and   you   will    have 62,647 

to  reduce  the  71,912  aggregate  majority  for  the  law  and  leave  only  8265 
aggregate  majorities  in  the  remaining  twelve  of  the  17  counties;  and  if  you 
deduct  this  aggregate  from  the  aggregate  majorities  in  the  41  counties,  the 
account  stands  thus : 

For  the  repeal  in  41  counties 46,874 

Again  repeal  in  12  counties 8,265 


38,609 

making  38,609  majority  in  the  State  in  favor  of  repeal;  but  it  is  urged  that 
the  vote  is  not  a  fair  test  of  public  opinion,  because  given  upon  a  law, 
which  was  obnoxious  to  many  objections  for  its  defects;  and  that  many 
voted  against  the  law  who  were  in  favor  of  free  schools;  this  is  doubtless 
true  to  some  extent ;  but  it  should  be  remembered  that  nearly  all  the  public 
prints  in  the  State,  and  a  State  convention  of  the  friends  of  free  schools 
urged  upon  every  voter  "  friendly  to  free  schools,"  the  importance  of  voting 
against  repeal  and  assured  them  that  if  the  law  was  sustained  amendments 
would  be  made  to  perfect  the  system ;  this  fact,  properly  estimated,  it  is 
beheved  will  warrant  the  conclusion  that  a  majority  of  the  people  desired  a 
repeal  of  the  law  of  1849. 

Whether  this  large  vote  is  to  be  understood  as  a  condemnation  of  the 
free  school  principle  or  merely  some  of  the  most  objectionable  features  of 
the  law,  may  be  a  question  of  doubt,  and  the  minority  believe  that  it  is  not 
safe  to  assume,  that  it  is  not  to  be  regarded  as  a  condemnation  of  the  prin- 
ciple merely  because  there  was  a  majority  of  158,000  in  favor  of  the  law 
when  first  submitted  to  the  people.  The  vote  on  that  occasion  was  far  from 
being  full,  proving  that  a  great  many  voters  abstained  from  exercising  their 
rights  in  this  respect,  either  from  indifference,  or  because  they  were  willing  to 
let  the  experiment  be  tried.  Since  then  the  subject  has  been  more  fully  dis- 
cussed in  all  its  bearings,  and  the  fact  that  a  very  great  change  has  been 
manifested  upon  a  full  vote,  coupled  with  the  additional  fact  that  numerous 
petitions  are  before  us,  praying  for  the  unconditional  repeal  of  the  law, 
would  seem  to  indicate  that  the  principle  itself  had  now  been  fairly  recog- 
nized, or  that  a  radical  change  had  taken  place  in  this  respect.  We  know 
that  many  enlightened  men  are  opposed  to  making  schools  entirely  free  upon 
the  ground  that  that  which  costs  nothing  is  apt  to  be  cheaply  estimated; 
and  that  the  attendance  of  a  larger  number  of  pupils  would  be  more  likely 
to  be  secured  by  requiring  some  amount  to  be  paid  for  tuition.  It  does  not 
follow  that  all  the  children  in  the  State  between  the  ages  of  four  and 
twenty-one  would  attend,  were  schools  free,  as  seems  to  be  somewhat  too 


464  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

hastily  assumed.  In  some  instances  parents  do  not  sufficiently  appreciate 
the  benefits  of  even  a  common  school  education,  and  take  no  pains  to  secure 
them  for  their  children.  In  others,  and  especially  in  remote  farming  dis- 
tricts, where  the  nihabitants  are  mostly  in  moderate  circumstances,  the  chil- 
dren are  detained  from  school  at  an  early  age  to  secure  their  services  upon 
the  farm.  The  fact  that  the  Prussian  government  has  resorted  to  coercive 
measures  to  compel  the  attendance  of  the  children,  proves  that  the  adoption 
of  the  free  school  principle  would  not  necessarily  effect  the  object  so  con- 
fidently anticipated.  Compulsion  in  this  country,  on  this  subject,  is  entirely 
out  of  the  question.  Our  citizens  cannot  be  compelled  to  receive  these  bene- 
fits for  their  children  without  adopting  a  despotic  principle  entirely  at  war 
with  our  free  institutions. 

The  next  point  to  be  considered  is  whether  we  shall  return  to  the  law 
as  it  stood  prior  to  the  submission  of  this  law  to  the  people,  or  adopt  a 
new  method  for  the  support  of  common  schools. 

In  favor  of  the  former  system  it  is  urged  that  it  has  gradually  grown  into 
existence ;  that  the  people  are  entirely  familiar  with  its  operations ;  that  it 
produces  as  little  contention  and  disturbance  in  the  numerous  school  districts 
in  the  State  as  can  be  reasonably  expected;  and  that  it  has  been  largely  in- 
strumental in  diffusing  the  great  benefits  of  education  in  the  primary 
branches. 

Many  citizens  of  intelligence  and  unquestioned  purity  of  motive,  sin- 
cerely believe  that  upon  the  safe  principle  of  "  letting  well  enough  alone," 
it  is  better  to  repeal  the  free  school  law  unconditionally,  and  leave  the  law 
as  it  existed  before.  But  it  must  be  observed  that  the  committee  have  not 
yet  acted  on  any  other  proposition  than  that  which  relates  to  providing 
means  for  the  support  of  common  schools.  A  change  in  this  respect  does 
not  essentially  interfere  with  the  machinery  of  the  system  as  it  has  hereto- 
fore existed.  A  brief  statement  of  the  provisions  of  the  law  on  this  point 
will  exhibit  the  extent  of  the  change  proposed. 

The  laws  now  in  force  provide 

1st.  That  the  State  Superintendent  should  apportion  the  school  monies 
to  be  annually  distributed  among  the  severar  counties  of  the  State,  and  the 
share  of  each  county  among  its  respective  towns  and  cities,  according  to  the 
ratio  of  their  population,  as  compared  with  the  population  of  the  whole 
State,  according  to  the  last  preceding  census. 

2d.  That  the  supervisors  of  each  county  should  add  to  the  sums  of  money 
to  be  raised  on  each  of  the  towns  of  the  county,  for  defraying  the  neces- 
sary expenses  thereof,  a  sum  equal  to  the  school  monies  apportioned  to 
such  town,  to  be  levied  and  collected  as  other  monies  directed  to  be  raised 
in  the  town. 

3d.  That  the  balance  required  for  the  expenses  of  the  school  should  be 
raised  by  a  tax  on  the  taxable  inhabitants  of  the  district. 

An  amount  equal  to  the  amount  of  the  public  money  distributed  was  thus 
directed  to  be  raised  by  a  tax  based  upon  population  as  distinguished  from 
that  of  property. 

The  bill  proposed  by  us  abolishes  all  laws  providing  for  the  raising  of 
money  by  vote  at  town  meetings ;  and  indeed  every  other  statute  authoriz- 
ing the  levying  in  districts  taxes  for  the  payment  of  teachers'  wages.     The 


FREE  SCHOOLS  465 

only  tax  contemplated  by  the  proposed  act  being  a  general  tax  upon  all  the 
property  of  the  State  amounting  to  $800,000;  and  the  minority  believe  that 
the  sj'stem  which  was  in  operation  in  1848,  with  all  the  details  of  which  the 
people  were  familiar,  should  be  disturbed  as  little  as  possible,  as  violent 
changes  in  laws  long  established  and  well  understood  should  never  be  made 
without  weighty  reasons;  and  notwithstanding  the  opinion  of  the  majority, 
that  the  people  have  by  their  votes  demanded  a  radical  change,  if  it  shall  be 
assumed  that  a  majority  of  the  voters  of  the  State  have  furnished  the  author- 
ity for  innovation,  the  undersigned  still  repeat  it  can  with  equal  truth  be 
asserted  that  a  ver>-  large  majority  prefer  the  old  system;  and  as  no  sys- 
tem of  common  schools  can  long  be  sustained  which  arrays  against  it  a 
large  minority,  it  would  seem  that  the  friends  of  free  schools  would  find 
their  object  best  promoted  by  uniting  with  the  friends  of  the  old  system  in 
such  amendments  as  would  secure  substantially  the  object  at  which  they 
aim,  and  secure  the  concurrence  and  support  of  the  great  body  of  the  com- 
munity upon  a  plan  embracing  very  nearly  every  feature  desired  by  the 
most  ardent  friends  of  free  schools. 

It  is  believed  that  the  bill  proposed  by  the  minority  will  if  carried  into 
effect  secure  general  confidence  and  support,  and  greatly  increase  the  use- 
fulness of  our  common  school  system. 

A  little  attention  to  the  details  of  the  proposed  amendments  will  perhaps 
serve  to  illustrate  its  eiTects.  The  following  extract  from  the  report  of  the 
State  Superintendent  of  common  schools  presents  the  condition  of  our 
common  schools  at  the  close  of  the  year  1849: 

*"  From  the  returns  of  the  several  town  superintendents,  made  to  the 
county  clerks  of  the  respective  counties,  and  bearing  date  on  the  first  day 
of  July  last,  it  appears  that  the  whole  number  of  school  districts  in  the 
State,  duly  organized  at  that  date,  was  11,397,  being  an  increase  of  206  dur- 
ing the  preceding  year.  Of  this  number,  8394  are  composed  of  territory 
wholly  situated  in  the  town  where  the  schoolhouse  of  the  district  stands, 
and  the  remainder  are  joint  districts,  formed  from  two  or  more  adjoining 
towns. 

"  Reports,  in  accordance  with  law,  have  been  received  by  the  several  town 
superintendents  from  the  trustees  of  11,173  of  these  districts,  leaving  124 
districts  from  which  no  returns  were*  made.  These  reports  bear  date  on 
the  1st  day  of  January,  1850,  and  refer  to  the  condition  of  the  several  schools 
during  the  year  1849.  The  average  period  during  which  the  schools  were 
taught,  during  that  year,  by  duly  qualified  teachers,  in  accordance  with  law, 
was  eight  months.  The  whole  number  of  children,  between  the  ages  of  five 
and  sixteen  years,  residing  in  the  several  districts  of  the  State,  on  the  31st 
day  of  December,  1849,  was  735,188;  and  the  number  of  children  taught 
during  the  preceding  year  was  794,500,  being  an  excess  of  59.312  over  the 
number  between  the  ages  of  five  and  sixteen,  and  16,191  over  the  whole 
number  taught  in  1848.  Of  the  number  thus  taught,  9079  had  been  under 
instruction  during  the  entire  year;  18,455  for  ten  months  and  less  than 
twelve;  59,315  for  eight  months  and  less  than  ten;  106,100  for  six  months 
and  less  than  eight ;  167,732  for  four  months  and  less  than  six ;  198,022  for 
two  months  and  less  than  four;  and  200.128  for  a  period  less  than  two 
months.    The  period  of  attendance  of  the  remaining  35,669  is  not  included  in 

30 


466  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

the  reports  of  tlic  trustees,  which  have  I)een  found  very  defective  in  this 
respect,  from  the  difllcuhy  of  ascertaining  the  requisite  data  upon  which 
to  base  these  returns. 

Estimates  and  Accounts  of  Expenditures  of  School  Moneys 

"  During  the  year  embraced  in  the  report  of  the  trustees,  the  whole  amount 
of  money  paid  for  teachers*  wages  in  the  several  districts  from  which  reports 
were  received  was  $1,322,696.24,  of  which  $767,389.20  was  public  money, 
$508,724.56  raised  on  rate  bills  from  those  sending  to  school,  $31,834.27 
raised  by  district  tax  to  supply  deficiencies  in  the  collection  of  such  rate 
bills,  and  $14,748.21  raised  in  like  manner  to  defray  the  rate  bills  of  indi- 
gent persons,  exempted  by  the  trustees  in  the  mode  prescribed  by  law.  The 
number  of  children  thus  placed  on  the  list  of  indigent  exempts  during  the 
year  1849,  was  1 8,686. 

"The  balance  of  revenue  now  in  the  treasury,  applicable  to  common 
school  purposes,  in  addition  to  the  revenue  accruing  from  the  United  States 
deposit  fund,  is  $137,524.07.  The  amount  of  revenue  annually  contributed 
to  this  object  from  the  avails  of  the  deposit  fund  is  $165,000,  which,  added 
to  the  amount  above  stated  accruing  from  the  common  school  fund,  gives 
an  aggregate  of  $302,524.07  as  the  present  revenue  of  the  combined  funds. 
As  under  the  existing  provisions  of  law,  not  only  the  capital  but  the  revenue 
of  this  fund  is  constantly  and  steadily  increasing,  no  good  reason  is  per- 
ceived why  the  apportionment  for  the  ensuing  year,  based  upon  the  ratio 
of  the  population  of  the  State,  as  ascertained  by  the  census  just  completed, 
may  not  be  increased  from  $285,000  to  $300,000." 

This  amount,  added  to  the  sum  of  $800,000  proposed  to  be  raised  by  the 
provisions  of  the  bill  reported  by  the  undersigned,  will  supply  the  sum  of 
one  million  one  hundred  thousand  dollars,  applicable  to  the  payment  of 
teachers'  wages  in  1852. 

It  is  estimated  that  the  number  of  children  between  the  ages  of  5  and 
16,  in  the  3ear  1852,  will  have  reached  800,000;  that  one-half  of  this  num- 
ber will  be  in  attendance  at  our  schools  a  period  averaging  five  months,  and 
the  other  half  a  period  averaging  three  months;  so  that  the  actual  average 
of  all  the  children  attending  school  during  that  year  would  be  four  months. 

It  is  estimated  that  $1,450,000  will  he  paid  during  the  year  1852  for  teach- 
ers' wages,  leaving  $350,000  to  be  raised  by  rate  bills  upon  those  sending  to 
school,  excepting  those  not  having  pecuniary  ability  to  pay ;  and  it  will  be 
seen  that  the  rate  bill,  as  an  average,  would  be  quite  inconsiderable,  and  in 
no  instance  very  large. 

To  participate  in  the  distribution  of  public  moneys,  a  school  must  be 
kept  seven  months  during  the  year ;  and  it  is  not  doubted  that  every  district 
in  the  State,  where  any  attention  is  paid  to  education,  would  be  able  to  sus- 
tain a  good  school  during  seven  months,  while  in  much  the  larger  number 
of  districts  schojls  would  be  maintained  from  8  to  10  months. 

The  third  section  of  the  bill  provides  for  a  division  of  one-fourth  of  all 
the  public  monies  among  the  school  districts  of  the  State  equally;  the  opin- 
ion is  entertained  by  some  that  one-third  of  one-half  of  the  public  monies 
should  be  thus  divided,  the  undersigned  regard  one-fourth  as  more  equitable, 
for  the  following  reasons :     First  —  this  will  be  foimd  a  sufficient  discrimina- 


FREE   SCHOOLS  467 

tion  in  favor  of  small  or  sparsely  populated  districts  to  enable  them  to  sus- 
tain schools  from  seven  to  eight  months  without  imposing  a  high  rate-bill. 
Secondly  —  to  divide  more  in  this  manner  would  so  materially  abate  the 
amount  apportioned  to  the  large  districts  that  to  sustain  schools  without 
oppressive  rate-bills  it  would  be  necessary  to  place  too  many  pupils  under 
the  charge  of  a  single  teacher,  which  all  experience  has  proved  to  be  unfav- 
orable to  the  advancement  of  the  pupil.  Thirdly  —  it  is  believed  by  the  com- 
mittee that  an  examination  into  the  comparative  educational  advancement 
of  the  children  of  populous  districts  and  those  having  quite  small  numbers, 
even  where  schools  have  been  kept  open  in  the  latter  from  a  fourth  to  a 
third  less  period,  that  the  children  of  the  same  age  in  the  small  districts 
will  generally  be  found  more  advanced  than  those  in  the  populous  districts, 
owing  entirely  to  the  fact  that  their  teachers,  having  fewer  pupils,  have 
been  able  to  give  to  them  more  time  and  attention,  and  this  the  committee 
believe  was  the  case  previous  to  '49,  when  no  discrimination  was  made  in 
favor  of  small  districts. 

This  first  part  of  this  section  provides  for  paying  separate  neighborhoods 
33  cents  for  each  pupil,  to  an  amount  not  exceeding  $24.  The  term  "  sepa- 
rate neighborhoods  "  is  applied  only  to  small  communities  on  the  borders  of 
the  State,  which  maintain  schools  by  uniting  with  similar  communities  in 
adjoining  states,  and  though  these  separate  neighborhoods  are  few  and  incon- 
siderable when  compared  with  the  rest  of  the  State,  they  are  equitably 
entitled  to  participate  in  the  public  monies,  and  the  committee  has  endeav- 
ored by  an  approximate  estimate  to  give  these  neighborhoods  their  fair  pro- 
portion of  this  fund. 

The  assumed  average  of  33  cents  to  each  pupil,  or  $24  to  each  separate 
neighborhood,  has  no  application  to  the  districts  or  parts  of  districts  within 
tlie  State. 

The  minority  bill  provides  that  a  school  shall  be  kept  in  each  district 
seven  months  to  entitle  it  to  public  monies ;  this  change  it  is  believed  will  fur- 
nish substantial  relief  to  some  weak  districts;  those  of  more  ability  will  not 
be  restricted  by  this  section,  and  probably  but  few  districts  in  the  State  will 
reduce  the  terms  of  their  schools  in  consequence  of  this  provision.  If  it 
should  be  found  to  operate  unfavorably,  it  can  easily  be  corrected. 

The  bill  of  the  minority  also  provides  that  the  first  apportionment  under 
this  act  may  be  made  to  any  district  in  the  State  which  was  entitled  to  an 
apportionment  in  1849. 

Under  the  operation  of  the  "  free  school "  law,  a  very  large  number  of 
districts  in  the  State  which  were  in  prosperous  condition  previous  to  1849 
have  become  prostrated,  and  in  many  instances  nearly  disorganized,  and 
without  some  provision  favorable  to  their  recoveiy  and  reorganization,  the 
most  unfortunate  embarrassment  would  continue  for  some  time  to  come. 
This  provision  of  the  bill  is  proposed  to  remove  existing  obstacles  to  a 
participation  in  the  public  school  funds  in  such  cases,  and  it  is  believed  will 
produce  the  desired  results. 

The  fourth  section  of  the  bill  provides  for  the  apportionment  and  division 
of  the  remaining  three  fourths  among  the  districts  of  the  State  upon  the 
basis  of  population,  requiring  that  a  school  shall  be  kept  for  a  period  of 
seven  months  to  entitle  to  a  participation. 


468  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

The  fifth  section  provides  that  any  l)alance  required  for  the  payment  of 
teacher's  wages  beyond  the  amount  apportioned  from  public  moneys  shall 
be  raised  by  rate  bill  upon  those  sending  to  school,  excepting  all  persons  not 
having  pecuniary  ability,  and  paying  the  amount  of  such  exemption  from 
the  public  moneys. 

To  this  section,  the  majority  of  the  committee  did  not  assent,  and  the 
bill  introduced  by  the  majority  proposes  to  raise  this  balance  by  a  "poll 
tax  of  equal  amount,  upon  all  persons  having  the  right  to  vote  at  district 
meetings." 

The  minority  do  not  question  the  motives  of  the  majority  in  prefering  the 
"  poll  tax  "  to  a  rate  bill,  but  they  cannot  bring  themselves  to  believe  that 
any  good  reason  can  be  assigned  for  adopting  a  system  of  taxation  unknown 
to  our  laws  in  the  present  age,  except  the  levy  of  one  day's  "  service  upon 
the  highway "  upon  every  male  inhabitant  of  the  State  over  the  age  of  21 
years. 

The  exception  referred  to  is  not  a  tax  payable  in  money,  but  a  demand  of 
labor-service,  and  the  argument  in  favor  of  demanding  this  service,  though 
doubtful  in  character  is  not  good  when  it  is  proposed  to  substitute  a  capi- 
tation tax  in  money. 

The  framers  of  this  highway  poll  tax  law  doubtless  supposed  that  every 
poor  man  had  it  in  his  power  to  render  labor  to  the  State  as  an  equivalent 
for  his  enjoyment  of  the  privilege  of  the  highway;  they  did  not  act  upon 
the  presumption  that  he  had  money  or  could  pay  a  tax  in  money :  to  the 
honor  of  our  State  there  is  no  money  tax  upon  man  imposed  by  any  gen- 
eral law,  taxes  are  levied  upon  property. 

The  highway  poll  service  and  the  militia  service  alone  rest  upon  the  head, 
the  former  is  of  doubtful  utility  and  is  not  now  uniformly  enforced,  indeed 
it  is  believed  that  this  highway  poll  service  is  seldom  received  from  per- 
sons having  no  taxable  property. 

It  is  not  denied  that  the  country  has  a  right  to  demand  of  every  "  able 
bodied "  man  such  military  service  as  the  public  safety  shall  require,  but 
the  claim  to  levy  a  money  tax  that  exempts  neither  indigence  nor  age,  which 
enters  the  humble  home  of  the  poor  man  and  levies  its  demand  upon  his 
last  bed,  is  denied  —  denied  in  the  name  of  civilization  and  humanity !  Such 
a  statute  would  disgrace  barbarian  countries.  For  what  purpose  is  it 
demanded?  To  sustain  common  schools!  to  make  common  schools  nomi- 
nally free ! 

The  effect  of  such  a  statute  would  be  to  demand  and  extort  from  the 
hard  earnings  of  every  poor  householder  in  the  State  a  tax  equal  in  amount 
to  the  tax  levied  upon  the  householder  who  possesses  his  thousands  or  mil- 
lions of  hoarded  treasure. 

The  majority  claim  that  the  sum  would  be  small,  that  it  would  average 
but  about  67  cents;  but  they  have  omitted  to  state  that  in  some  cases  it 
might  amount  to  several  dollars. 

To  illustrate  the  unequal  effect  of  such  a  statute,  let  us  suppose  a  case 
of  a  class  of  which  there  would  be  numerous  examples :  Take  a  farming 
community  where  a  district  should  be  composed  of  eight  wealthy  farmers, 
with  an  average  of  three  children  each,  and  five  poor  laborers  living  in 
cottages  belonging  to  the  farmers,  and  barely  earning  a  subsistence  for 
themselves  and  families,  in  the  employment  of  their  landlords;   in   such  a 


FREE   SCHOOLS  469 

case  you  will  have  39  children  to  educate.  Let  a  school  be  kept  in  such  a 
district  8  months,  at  a  cost  of  $16  per  month,  the  aggregate  would  be  $128; 
deduct  from  this  $68,  the  amount  of  public  moneys  which  such  a  district 
would  receive,  and  there  remains  $65  to  be  supplied  by  "  poll  tax "  upon 
persons  entitled  to  vote  at  district  meetings.  The  number  of  persons  liable 
to  this  tax  in  such  a  district  is  13,  and  the  poll  tax  amounts  to  $5  upon  each 
voter.  Your  five  poor  men,  without  an  acre  of  their  own,  without  any 
property  belonging  to  them  subject  to  ordinary  taxation,  are  called  upon  to 
pay  five  dollars  each.  There  is  no  clause  to  exempt  the  indigent  —  no  pro- 
vision in  favor  of  the  poor  —  and  the  only  cow  must  be  sacrificed,  or  the 
last  bed  sold,  to  answer  the  demand  of  this  merciless,  inexorable  law,  even 
though  the  poor  laborer  should  have  no  children  to  be  benefited  by  the 
school.  His  landlord,  with  one  or  two  hundred  acres  of  land,  pays  five 
dollars  also,  his  poll  tax,  and  by  some  mystery  of  logic  not  understood  by 
us,  this  school  is  called  free. 

The  annexed  bill  is  submitted  by  the  minority  as  a  substitute  for  the  bill 
reported  by  the  majority. 

Silas   M.   Burroughs*    (Orleans-  county) 
Benj.   G.  Ferris  '    (Tompkins  county) 

AN  ACT 
To  provide  for  the  support  of  the  common  schools 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows : 

Section  i  There  shall  hereafter  be  raised  by  tax  in  each  and  every  year, 
upon  the  real  and  personal  estate  within  this  State,  the  sum  of  eight  hundred 
thousand  dollars,  which  shall  be  levied,  assessed  and  collected  in  the  mode 
prescribed  by  chapter  thirteen,  part  first  of  the  Revised  Statutes,  relating 
to  the  assessment  and  collection  of  taxes,  and  when  collected,  shall  be  paid 
over  to  the  respective  county  treasurers,  subject  to  the  order  of  the  State 
Superintendent  of  Common  Schools. 

2  The  State  Superintendent  of  Common  Schools  shall  ascertain  the  por- 
tion of  said  sum  of  eight  hundred  thousand  dollars  to  be  assessed  and  col- 
lected in  each  of  the  several  counties  of  this  State,  by  dividing  the  said  sum 
among  the  several  counties,  according  to  the  valuation  of  real  and  personal 
estate  therein,  as  it  shall  appear  by  the  assessment  of  the  next  year  pre- 
ceding the  one  in  which  said  sum  is  to  be  raised,  and  shall  certify  to  the 
clerk  of  each  county,  before  the  tenth  day  of  July  in  each  year,  the  amount 
to  be  raised  by  tax  in  such  county;  and  it  shall  be  the  duty  of  the  several 
county  clerks  of  this  State,  to  deliver  to  the  board  of  supervisors  of  their 
respective  counties,  a  copy  of  such  certificate  on  the  first  day  of  their 
annual  session,  and  the  board  of  supervisors  of  each  county  shall  assess 
such  amount  upon  the  real  and  personal  estate  of  such  county,  in  the  man- 
ner provided  by  law  for  the  assessment  and  collection  of  taxes. 

'  Silas  Burroughs  began  his  business  career  as  a  merchant  but  later  became  a  very 
able  lawyer  in  Medina,  Orleans  county.  He  was  a  colonel  in  the  state  militia,  served 
in  the   Assembly   of   New  York   State  and  was  twice  elected   to   Cong^ress. 

*  Benjamin  G.  Ferris  was  a  college  graduate  and  a  leading  lawyer  of  Tompkins 
county.  He  was  district  attorney  of  Tompkins  county  in  1840-45  and  a  member  of  the 
Assembly  in  1851.  In  1853  he  was  appointed  secretary  of  Utah  Territory  but,  after 
holding  the  position  a  short  time,  he  returned  to  Ithaca,  where  he  died  in  1893. 


470  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

3  The  State  Superintendent  of  Common  Schools  shall,  on  or  before  the 
first  day  of  January  in  every  year,  aipportion  and  divide  or  cause  to  be 
apportioned  and  divided,  one-fourth  of  the  sum  so  raised  by  general  tax, 
and  one-fourth  of  all  other  monies  appropriated  to  the  support  of  common 
schools,  among  the  several  school  districts,  parts  of  districts,  and  separate 
neighborhoods  in  this  State,  from  which  reports  shall  have  been  received 
in  accordance  with  law,  in  the  following  manner,  viz :  To  each  separate 
neighborhood  there  shall  be  apportioned  and  paid  a  sum  of  money  equal  to 
thirty-three  cents  for  each  child  in  such  neighborhood,  between  the  ages  of 
four  and  twcntv-cne;  but  the  sum  so  to  be  apportioned  and  paid  to  any 
such  neighborhood,  shall  in  no  case  exceed  the  sum  of  twenty-four  dollars, 
and  the  remainder  of  such  one-fourth  shall  be  apportioned  and  divided 
equally  among  the  several  districts;  and  the  State  Superintendent  of  com- 
mon schools  shall,  by  proper  regulations  and  instructions  to  be  prescribed 
by  him,  provide  for  the  payments  of  such  moneys  to  the  trustees  of  such 
neighborhoods  and  school  districts. 

4  It  shall  be  the  duty  of  the  State  Superintendent  of  Common  Schools,  on 
or  before  the  first  day  of  January  in  every  year;  to  apportion  and  divide 
the  remaining  three-fourths  of  the  said  amount  of  eight  hundred  thousand 
dollars,  together  with  the  remaining  three  fourths  of  all  other  moneys 
appropriated  by  the  State  for  the  support  of  common  schools,  among  the 
several  counties,  cities,  and  towns  of  the  State,  in  the  mode  now  prescribed 
by  law  for  the  division  and  apportionment  of  the  income  of  the  common 
school  fund;  and  the  share  of  the  several  towns  and  wards  so  apportioned 
and  divided,  shall  be  paid  over,  on  and  after  the  first  Tuesday  of  February, 
in  each  year,  to  the  several  town  superintendents  of  common  schools,  and 
ward  or  city  officers,  entitled  by  law  to  receive  the  same,  and  shall  be  appor- 
tioned by  them  among  the  several  school  districts  and  parts  of  districts  in 
their  several  towns  and  wards,  according  to  the  number  of  children  between 
the  ages  of  four  and  twenty-one  years,  residing  in  said  districts  and  parts 
of  districts,  as  the  same  shall  have  appeared  from  the  last  annual  report  of 
the  trustees,  but  no  money  shall  be  apportioned  and  paid  to  any  district  or 
part  of  a  district,  unless  it  shall  appear  from  the  last  annual  report  of  the 
trustees  that  a  school  has  been  kept  therein  for  at  least  seven  months  during 
the  year,  ending  with  the  date  of  such  report,  by  a  duly  qualified  teacher, 
unless  by  special  permission  of  the  State  Superintendent  of  Common 
Schools ;  excepting  also  that  the  first  apportionment  of  money  under  this 
act  may  be  made  to  all  school  districts,  which  were  entitled  to  an  appor- 
tionment of  public  money  in  the  year  1849. 

5  Any  balance  required  to  be  raised  in  any  school  district  for  the  pay- 
ment of  teachers'  wages,  beyond  the  amount  apportioned  to  such  district  by 
the  previous  provisions  of  this  act,  and  other  public  moneys  belonging  to  the 
district  applicable  to  the  payment  of  teachers'  wages,  shall  be  raised  by  rate 
bill  to  be  made  out  by  the  trustees  against  those  sending  to  school  in  pro- 
portion to  the  number  of  days  and  of  children  sent,  to  be  ascertained  by  the 
teachers'  list,  and  in  making  out  such  rate  bill  it  shall  be  the  duty  of  the 
trustees  to  exempt  either  wholly  or  in  part,  as  they  may  deem  expedient, 
such  indigent  inhabitants  as  may,  in  their  judgment,  be  entitled  to  such 
exemption,  and  such  amount  shall  be  paid  out  of  the  public  monies  received 
in  such  district  applicable  to  the  payment  of  teachers'  wages. 


FREE  SCHOOLS  471 

6  The  State  Superintendent  of  Common  Schools  shall  have  exclusive 
jurisdiction  on  appeal,  in  such  manner  and  under  such  regulations  as  shall 
be  prescribed  by  him  over  all  controversies  arising  under  the  several  laws 
relating  to  common  schools,  and  his  decision  shall  be  final  and  conclusive. 

7  Nothing  in  this  act  shall  be  so  construed  as  to  repeal  or  alter  the  pro- 
visions of  any  special  act  relating  to  schools  in  any  of  the  incorporated  cities 
or  villages  of  this  State,  except  so  far  as  they  are  inconsistent  with  the 
provisions  contained  in  the  first,  second,  third  and  fourth  sections  of  this  act. 

8  Chapter  one  hundred  and  forty  of  the  Session  Laws  of  1849,  entitled 
"An  act  establishing  free  schools  throughout  the  State,"  and  chapter  404  of 
the  Session  Laws  of  1849,  entitled  an  act  to  amend  an  act  entitled  "An  act 
establishing  free  schools  throughout  the  State,"  sections  sixteen,  seventeen 
and  eighteen  of  the  Revised  Statutes  relating  to  common  schools,  requiring 
the  several  boards  of  supervisors  to  raise  by  tax  on  each  of  the  towns  of 
their  respective  counties,  a  sum  equal  to  the  school  monies  apportioned  to 
such  towns,  and  providing  for  its  collection  and  payment,  and  all  other 
provisions  of  law  incompatible  with  the  provisions  of  this  act,  are  hereby 
repealed. 

9  The  State  Superintendent  of  Common  Schools  shall  cause  to  be  prepared, 
published  and  distributed  among  the  several  school  districts,  and  school 
officers  of  the  State,  a  copy  of  the  several  acts  now  in  force  relating  to 
common  schools,  with  such  instructions,  digest  and  expositions  as  he  may 
deem  expedient;  and  the  expense  incurred  by  him  therefor  shall  be  audited 
by  the  Comptroller  and  paid  by  the  Treasurer. 

10  All  the  monies  received  or  appropriated  by  the  provisions  of  this  act 
shall  be  applied  to  the  payment  of  teachers'  wages  exclusively. 

11  This  act  shall  take  effect  on  the  first  day  of  July  next,  but  nothing 
herein  contained  shall  be  construed  as  to  aflfect  provisions  already  made  in 
the  several  school  districts,  for  the  support  of  schools  therein  under  existing 
laws  for  the  current  year. 

Chapter  151 

AN  ACT  to  establish  free  schools  throughout  the  State. 
Passed  April  12,  1851,  "  three-fifths  being  present." 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows : 

1  Common  schools  in  the  several  school  districts  in  this  State  shall  be 
free  to  all  persons  residing  in  the  district  over  five  and  under  twenty-one 
years  of  age,  as  hereinafter  provided.  Persons  not  resident  of  a  district 
may  be  admitted  into  the  schools  kept  therein  with  the  approbation,  in 
writing,  of  the  trustees  thereof,  or  a  majority  of  them. 

2  There  shall  hereafter  be  raised  by  tax,  in  each  and  every  year,  upon 
the  real  and  personal  estate  within  this  state,  the  sum  of  eight  hundred 
thousand  dollars,  which  shall  be  levied,  assessed  and  collected  in  the  mode 
prescribed  by  chapter  thirteen,  part  first  of  the  Revised  Statutes,  relating  to 
the  assessment  and  collection  of  taxes,  and  when  collected  shall  be  paid  over 
to  the  respective  county  treasurers,  subject  to  the  order  of  the  State  Super- 
intendent of  Common  Schools. 

3  The  State  Superintendent  of  Common  Schools  shall  ascertain  the  portion 
of  said  sum  of  eight  hundred  thousand  dollars  to  be  assessed  and  collected 


472  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

in  each  of  the  several  counties  of  this  State,  by  dividing  the  said  sum  among 
the  several  counties,  according  to  the  valuation  of  real  and  personal  estate 
therein,  as  it  shall  appear  by  the  assessment  of  the  year  next  preceding 
the  one  in  which  said  sum  is  to  be  raised,  and  shall  certify  to  the  clerk  of 
each  county,  before  the  tentli  day  of  July  in  each  year,  the  amount  to  be 
raised  by  tax  in  such  county;  and  it  shall  be  the  duty  of  the  several  clerks  of 
this  State  to  deliver  to  the  board  of  supervisors  of  their  respective  counties, 
a  copy  of  such  certificate  on  the  first  day  of  their  annual  session,  and  thq 
board  of  supervisors  of  each  county  shall  assess  such  amount  upon  the  real 
and  personal  estate  of  such  county,  in  the  manner  provided  by  law  for  the 
assessment  and  collection  of  taxes. 

4  The  State  Superintendent  of  Common  Schools  shall  on  or  before  the 
first  day  of  January  in  every  year,  apportion  and  divide,  or  cause  to  be 
apportioned  and  divided  one-third  of  the  sum  so  raised  by  general  tax,  and 
one-third  of  all  other  monies  appropriated  to  the  support  of  common 
schools,  among  the  several  school  districts,  parts  of  districts  and  separate 
neighborhcods  in  this  State,  from  which  reports  shall  have  been  received 
in  accordance  with  law,  in  the  following  manner,  viz :  to  each  separate 
neighborhood  belonging  to  a  school  district  in  some  adjoining  state  there 
shall  be  apportioned  and  paid  a  sum  of  money  equal  to  thirty-three  cents  for 
each  child  in  such  neighborhood  (between  the  ages  of  four  and  twenty-one:) 
but  the  sum  so  to  be  apportioned  and  paid  to  any  such  neighborhood,  shall 
in  no  case  exceed  the  sum  of  twenty-four  dollars,  and  the  remainder  of 
such  one-third  shall  be  apportioned  and  divided  equally  among  the  several 
districts  and  the  State  Superintendent  of  Common  Schools  shall,  by  proper 
regulations  and  instructions  to  be  prescribed  by  him,  provide  for  the 
payment  of  such  monies  to  the  trustees  of  such  separate  neighborhoods  and 
school  districts. 

5  It  shall  be  the  duty  of  the  State  Superintendent  of  Common  Schools, 
on  or  before  the  first  day  of  January  in  every  year,  to  apportion  and  divide 
the  remaining  two-thirds  of  the  said  amount  of  eight  hundred  thousand 
dollars,  together  with  the  remaining  two-thirds  of  all  other  moneys  appro- 
priated by  the  State  for  the  support  of  common  schools  among  the  several 
counties,  cities  and  towns  of  the  State,  in  the  mode  now  prescribed  by  law  for 
the  division  and  apportionment  of  the  income  of  the  common  school  fund ; 
and  the  share  of  the  several  towns  and  wards  so  apportioned  and  divided, 
shall  be  paid  over,  on  and  after  the  first  Tuesday  of  February  in  each  year, 
to  the  several  town  superintendents  of  common  schools  and  wards  or  city 
officers  entitled  by  law  to  receive  the  same,  and  shall  be  apportioned  by  them 
among  the  several  school  districts  and  parts  of  districts  in  their  several 
towns  and  wards  according  to  the  number  of  children  between  the  ages  of 
four  and  twenty-one  years,  residing  in  said  districts  and  parts  of  districts, 
as  the  same  shall  have  appeared  from  the  last  annual  report  of  the  trustees ; 
but  no  moneys  shall  be  apportioned  and  paid  to  any  district  or  part  of  a 
district,  unless  it  shall  appear  from  the  last  annual  report  of  the  trustees  that 
a  school  has  been  kept  therein  for  at  least  six  months  during  the  year  ending 
with  the  date  of  such  report  by  a  duly  qualified  teacher,  unless  by  special 
permission  of  the  State  Superintendent  of  Common  Schools ;  excepting  also, 
that  the  first  apportionment  of  money  under  this  act  shall  be  made  to  all 


FREE   SCHOOLS  4/3 

school  districts  which  were  entitled  to  an  apportionment  of  public  money  in 
the  year  eighteen  hundred  and   forty-nine. 

6  Any  balance  required  to  be  raised  in  any  school  district  for  the  payment 
of  teachers'  wages,  beyond  the  amount  apportioned  to  such  district  by  the 
previous  provisions  of  this  act,  and  other  public  moneys  belonging  to  the 
district  applicable  to  tlie  paNmcnt  of  teachers'  wages,  shall  be  raised  by  rate 
bill,  to  be  made  out  by  the  trustees  against  those  sending  to  school,  in 
proportion  to  the  number  of  days  and  of  children  sent  to  be  ascertained  by 
the  teachers'  list,  and  in  making  out  such  rate  bill  it  shall  be  the  duty  of  the 
trustees  to  exempt,  either  wholly  or  in  part,  as  they  may  deem  expedient, 
such  indigent  inhabitants  as  may,  in  their  judgment  be  entitled  to  such 
exemption,  and  the  amount  of  such  exemption  shall  be  added  to  the  first 
tax  list  thereafter  to  be  made  out  by  the  trustees  for  district  purposes  or 
shall  be  separately  levied  by  them,  as  they  shall  deem  most  expedient. 

7  The  same  property  which  is  exempt  by  section  twenty-two,  of  article  two, 
title  five,  chapter  six,  part  three  of  the  Revised  Statutes  from  levy  and  sale 
under  execution,  shall  be  exempt  from  levy  and  sale  imder  any  warrant  to 
collect  any  rate  bill  for  wages  of  teachers  of  common  schools. 

8  Nothing  in  this  act  shall  be  so  constructed  as  to  repeal  or  alter  the 
provisions  of  any  special  act  relating  to  schools  in  any  of  the  incorporated 
cities  or  villages  of  this  State,  except  so  far  as  they  are  inconsistent  with 
the  provisions  contained  in  the  first,  second,  third  and  fourth  sections  of 
this  act. 

9  Chapter  one  hundred  and  forty  of  the  Session  Laws  of  1849,  entitled 
"An  act  establishing  free  schools  throughout  the  State,"  and  chapter  four 
hundred  and  four  of  the  Session  Laws  of  1849,  entitled  "  an  act  to  amend 
an  act  entitled  'An  act  establishing  free  schools  throughout  the  State,' '" 
and  sections  sixteen,  seventeen  and  eighteen  of  the  Revised  Statutes  relating 
to  common  schools,  requiring  the  several  boards  of  supervisors  to  raise 
by  tax,  on  each  of  the  towns  of  their  respective  counties,  a  sum  equal  to  the 
school  moneys  apportioned  to  such  towns,  and  providing  for  its  collection 
and  payment,  and  all  other  provisions  of  law  incompatible  with  the  provisions 
of  this  act,  are  hereby  repealed. 

10  The  State  Superintendent  of  Common  Schools  shall  cause  to  be  pre- 
pared, published  and  distributed  among  the  several  school  districts  and 
school  officers  of  the  State  a  copy  of  the  several  acts  now  in  force  relating 
to  common  schools,  with  such  instructions,  digest  and  expositions  as  he 
may  deem  expedient ;  and  the  expense  incurred  by  him  therefor  shall  be 
audited  by  the  Comptroller  and  paid  by  the  Treasurer. 

11  All  the  moneys  received  or  appropriated  by  the  provisions  of  this  act 
shall  be  applied  to  the  payment  of  teachers'  wages  exclusively. 

12  It  shall  be  the  duty  of  the  trustees  of  the  several  school  districts  in 
this  State  to  make  out  and  transmit  to  the  town  superintendent  of  the  town 
in  which  their  respective  school  houses  shall  be  located,  on  or  before  the  first 
day  of  September  next,  a  correct  statement  of  the  whole  number  of  children 
residing  in  their  district  on  the  first  day  of  August  preceding  the  date  of 
such  report,  between  the  ages  of  four  and  twenty-one ;  and  such  town  super- 
intendent shall  embody  such  statement  in  a  tabular  form  and  transmit 
the  same  to  the  county  clerk,  in  sufficient  season  to  enable  the  latter  to 
incorporate  the  information  thus  obtained  in  the  annual  report  required  by 


474  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

him  to  be  made  to  the  State  Superintendent  of  Common  Schools   for  the 
present  year. 

13  It  shall  also  be  the  duty  of  the  trustees  of  the  several  school  districts, 
in  their  annual  reports  thereafter  to  be  made,  to  specify  the  number  of 
children  between  the  aforesaid  ages,  residihg  in  their  respective  districts 
on  the  last  day  of  December  in  each  year,  instead  of  the  number  of  such 
children  between  the  ages  of  five  and  sixteen. 

14  This  act  shall  take  effect  on  the  first  day  of  May  next ;  but  nothing 
herein  contained  shall  be  so  construed  as  to  affect  provisions  already  made 
in  the  several  school  districts  for  the  support  of  schools  therein  under 
existing  laws  for  the  current  year. 

Chapter  425 

AN    ACT    to    amend    the    act    entitled    "An    act    to    establish    free    schools 
throughout  the  State  " 

Passed  July  9,  1851 
The  People  of  the  State  of  New  York'  represented  in  Senate  and  Assembly, 
do  enact  as  follows : 

1  The  act  entitled  an  act  to  establish  free  schools  throughout  the  State, 
passed  April  12th,  1851,  shall  not  be  so  constructed  as  to  prevent  or  prohibit 
the  distribution  and  application  of  library  money  in  the  manner  heretofore 
prescribed  by  law. 

2  Nothing  in  this  act  contained  shall  be  so  construed  as  to  require  the 
board  of  supervisors  of  each  county  to  raise  a  sum  of  money  for  library 
purposes  equal  to  the  sum  which  it  will  receive  from  the  State. 

3  This  act  shall  take  eflfect  immediately. 

Superintendent  Morgan  in  his  last  report  makes  the  following  com- 
ment on  the  new  school  law.  This  report  was  not  printed  until  after 
his  term  expired,  in  1852. 

The  returns  contained  in  the  annexed  table  show  the  condition  of  the 
common  schools  for  the  year  ending  on  the  31st  day  of  December,  1850, 
covering  nearly  the  entire  period  during  which  the  free  school  act  of  1849 
remained  in  operation;  a  period  characterized  beyond  any  other  in  the 
history  of  our  common  school  system,  for  the  agitation  and  excitement  of 
the  public  mind  consequent  upon  this  measure;  a  period  of  transition 
between  a  system,  nearly  unanimously  adopted  by  the  people,  but  which 
in  its  practical  operation  had  proved  in  many  respects  eminently  disastrous, 
and  a  system  more  in  accordance  with  the  popular  will ;  a  period,  con- 
sequently, peculiarly  calculated  to  test  not  only  the  strength  of  the  public 
sentiment  in  favor  of  our  elementary  institutions  for  popular  education,  but 
the  stability  and  value  of  those  institutions  themselves.  The  unequal  pressure 
of  local  taxation  for  the  support  of  the  schools,  arising  from  an  injudicious 
provision  in  the  act  referred  to  —  a  provision,  the  operation  of  which,  in 
this  respect,  was  almost  entirely  unforeseen  —  had  originated  a  strong 
feeHng  of  hostility  against  a  system  which  a  few  months  previously  had 
received  the  deliberate  sanction  and  approval  of  an  immense  majority  of  the 
people  of  the  State.  This  hostiHty  was  manifested  not  only  by  a  very  general 
demand  for  the  entire  and  unconditional  repeal  of  the  act  itself,  but  by  a 


FREE   SCHOOLS  475 

virtual  refural,  on  the  part  of  the  inhabitants  of  a  large  proportion  of  the 
school  districts,  io  carry  its  provisions  into  effect,  beyond  the  point  absolutely 
required  as  a  condition  for  the  receipt  of  their  distributive  share  of  the 
public  money.  The  schools  which  had  for  a  period  of  more  than  thirty  years, 
uniformly  been  kept  open  for  an  average  term  of  eight  months  during  each 
year,  were  reduced  in  many  instances  to  four,  and  the  provision  for  their 
support  limited  to  the  avails  of  the  public  funds.  So  strong  and  general  was 
the  current  of  opposition  to  the  obnoxious  details  of  the  law,  that  the 
most  powerful  efforts  were  required  on  the  part  of  the  friends  of  education 
generally,  to  prevent  an  entire  abandonment  of  the  great  principle  involved 
in  its  enactment,  and  which,  wholly  irrespective  of  the  particular  mode  of  its 
execution,  had  received  the  clear  assent  and  full  approbation  of  the  people. 

Pending  a  con.lict  so  embittered  and  extensive,  embracing  within  its  range 
nearly  every  district  and  neighborhood  of  the  State,  and  affecting  so  many 
and  such  powerful  interests,  it  could  scarcely  have  been  expected  that  the 
prosperity  and  welfare  of  the  schools  should  not  have  been  seriously  and 
generally  affected.  A  careful  inspection  of  the  returns  herewith  submitted 
will,  however,  show  that  while  in  some  few  respects  the  statistical  tables 
compare  unfavorably  with  those  of  preceding  years,  their  general  results 
demonstrate  a  steady,  reliable  and  gratifying  improvement.  And  now  that  a 
crisis  so  perilous  to  the  interests  and  the  advancement  of  our  noble  system 
of  primary  education,  has  been  safely  passed,  and  the  irritating  causes  of 
complaint  which  induced  it,  effectually  removed,  we  may  not  unreasonably 
look  forward  to  an  uninterrupted  progression  and  expansion  of  this  most 
important  department  of  our  free  institutions. 

The  proposed  substitution  of  a  permanent  annual  state  tax  of  one  mill 
upon  every  dollar  of  the  real  and  personal  property  of  the  State,  in  lieu  of 
the  existing  tax  of  eight  hundred  thousand  dollars  for  the  support  of 
common  schools,  commends  itself  to  the  judgment  of  the  undersigned  as  a 
measure  fraught  with  incalculable  blessings  to  the  cause  of  universal  educa- 
tion. If  adopted,  and  permanently  engrafted  upon  our  existing  system  of 
common  schools,  its  effect  will  be  to  carry  out  in  the  most  simple,  efficacious 
and  perfect  manner,  the  will  of  the  people,  repeatedly  and  distinctly 
expressed,  that  the  property  of  the  State  shall  provide  for  the  elemen- 
tary education  of  all  its  future  citizens,  and  that  all  our  common  schools 
shall  be  entirely  free  to  every  child.  This  prinicple  having  been 
fully  recognized  and  established,  after  mature  consideration  and  discussion, 
it  is  unnecessary  now  to  re-open  the  grounds  upon  which  it  was  adopted,  or 
to  enter  again  upon  the  arguments  which  have  so  effectually  demonstrated  its 
soundness.  The  Legislature,  at  its  last  session,  solemnly  and  definitively 
incorporated  it  as  the  basis  of  their  enactment  of  a  law,  making  a  liberal 
appropriation  from  the  aggregate  property  and  funds  of  the  State,  for  the 
maintenance  and  support  of  common  schools.  This  appropriation,  however, 
liberal  and  enlightened  as  it  was,  and  worthy  of  the  vast  resources  and 
immense  wealth  of  the  State,  proves  inadequate  to  the  full  accomplishment 
of  the  noble  object  in  view  —  the  education  of  all  the  children  of  the  State, 
during  the  whole  period  ordinarily  devoted  in  each  year  to  common  school 
instruction.  An  inconsiderable  fraction  of  a  mill  upon  each  dollar  of  the 
increased  valuation  of  real  and  personal  estate  is  all  that  is  requisite,  in 
addition  to  the  provisions  already  made,  to  secure  the  inestimable  benefit  of 


476  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

free  schools,  in  all  coming  time,  to  every  child  of  the  State.  It  would  be 
utterly  unworthy  of  the  enlightened  forecast  of  the  great  majority  of  our. 
fellow-citizens,  to  suppose  that  they  are  not  prepared  to  make  this  slight 
additional  sacrifice  for  the  permanent  accomplishment  of  an  object  of  such 
great  importance.  The  present  State  tax  of  $800,000  amounting  as  it  did 
under  the  valuation  in  force  at  the  period  of  its  adoption  to  considerably 
more  than  a  mill  upon  each  dollar,  is  insufficient,  with  the  aid  of  the  annual 
revenue  of  the  common  school  fund,  to  provide  for  the  support  of  the 
schools  of  the  State  for  an  average  period  exceeding  six  months  during 
each  year.  A  permanent  mill  tax  upon  the  existing  valuation  capable  of 
adjusting  itself  from  time  to  time  to  the  fluctuating  valuation  of  the  property 
of  the  State,  and  to  the  increasing  wants  of  the  schools,  will,  in  conjunction 
with  the  public  funds  already  applicable  to  that  object,  provide  liberally  for 
the  support  of  every  school  in  the  State  during  the  entire  year. 

In  opposition  -.o  these  views  it  may  probably  be  urged  that  the  action  of 
the  Legislature  at  its  last  session  providing  for  an  annual  state  tax  of 
$800,000,  in  addition  to  the  annual  revenue  of  the  school  fund,  for  the  support 
of  common  schools,  and  directing  that  any  deficiency  in  this  respect  should 
be  supplied  by  rate  bill,  should,  under  the  circumstances,  be  regarded  as  a 
final  compromise  between  the  views  of  the  friends  and  opponents  of  an 
entirely  free  school  system;  that  it  is  inexpedient  and  injudicious  again  to 
throw  open  to  legislative  and  popular  discussion,  a  subject  upon  which  so 
considerable  a  diversity  of  feeling  and  of  opinion  is  known  to  exist ;  that 
the  very  general  acquiescence  of  the  people  in  the  present  disposition  of  the 
matter  is  indicative  of  their  satisfaction  with  the  existing  law;  and  that  it  is 
unwise  at  this  early  period  to  disturb  these  arrangements  so  recently  and  with 
such  great  unanimity  accpted,  especially  in  the  absence  of  any  experience 
of  their  practical  workings,  and  of  any  general  demand  for  their  alteration 
or  modification. 

The.se  objections  are,  unquestionably  entitled  to  great  weight,  in  the 
consideration  of  this  subject;  and  unless  they  can  be  fairly  overcome,  the 
necessity  or  expediency  of  the  proposed  change  must  be  regarded  as  doubtful. 

Under  the  peculiar  circumstances  attending  its  passage,  the  act  of  the 
last  session,  was  unquestionably  the  best  that  could  be  obtained  by  the  friends 
of  free  schools.  The  only  alternative  presented  was  a  return  to  the  system 
in  force  in  1847,  and  a  virtual  abandonment  of  the  principle  for  which  the 
friends  of  universal  education  had  so  long  struggled,  and  which  had  so 
repeatedly  and  signally  triumphed.  It  will  be  recollected  that  although  a 
popular  majority  of  more  than  twenty  thousand  votes  had  been  secured 
against  the  repeal  of  the  act  of  1849,  forty-seven  of  the  fifty-nine  counties 
of  the  State  had  cast  their  votes  nominally  in  favor  of  such  repeal.  The 
representatives  from  those  counties,  constituting  a  large  majority  of  both 
branches  of  the  Legislature,  while  fully  aware  that  the  popular  expression 
of  their  respective  constituencies  adverse  to  the  continuance  of  the  law 
in  question,  was  not  to  be  regarded  as  in  opposition  to  the  principle  of  free 
schools,  felt  themselves  bound  by  that  expression  to  pursue  a  middle  course 
between  the  entire  rejection  of  that  principle,  and  its  unlimited  adoption. 
Confident  in  the  ultimate  settlement  of  the  question,  on  a  basis  in  accordance 
with  the  dictates  of  public  sentiment,  and  relying  on  the  intrinsic  justice 
and  soundness  of  the  principle  involved,  the  friends  of  free  schools  con- 


FREE    SCHOOLS  477 

sented  to  the  adoption  of  the  compromise  proposed,  without  the  slightest 
understanding  on  their  part,  or  as  it  is  believed  on  the  part  of  those  who 
favored  and  brought  forward  the  amendment,  that  it  was  to  be  a  permanent 
disposition  of  the  subject.  It  was,  on  the  other  hand,  regarded  certainly  by 
the  former  as  a  temporary  arrangement  merely. 

If  it  be  conceded  that  the  public  sentiment  has  unequivocally  declared 
itself  in  favor  of  the  adoption  of  the  free  school  principle  —  and  on  this 
point  there  can  not,  in  the  judgment  of  the  undersigned,  be  the  slightest 
room  to  doubt  —  then  any  action  of  the  Legislature,  in  contravention  of  or 
falling  short  of  that  principle,  can  not  justly  be  regarded  as  final  or  con- 
clusive. However  desirable  it  may  be,  under  ordinary  circumstances,  to 
avoid  a  reagitation  of  questions  once  fairly  settled  by  legislative  action,  and 
especially  where  those  questions  affect  an  interest  of  such  extent  and  im- 
portance as  that  under  consideration,  the  will  of  the  people,  fairly  and  clearly 
expressed,  is  entitled  to  be  carried  into  full  effect ;  and,  if  for  any  reason 
their  representatives  have  failed  to  embody  that  will  in  their  legislation, 
there  can  be  no  such  binding  efficacy  in  a  co?npromisc  measure  at  variance 
in  any  essential  respect  with  the  declared  verdict  of  the  popular  voice,  as  to 
preclude  subsequent  action  at  the  earliest  practicable  period,  in  conformity 
with  such  verdict.  The  act  of  the  last  session  was  clearly  in  contravention  of 
the  popular  will,  repeatedlj'  and  distinctly  expressed,  so  far  as  the  provision 
for  meeting  any  portion  of  the  expense  of  instruction  in  our  common  schools, 
by  rate-bills,  was  concerned ;  and  although  after  a  long,  animated  and  finally 
successful  struggle  at  the  ballot  boxes  for  the  complete  recognition  of  the 
free  school  system,  the  people  were  disposed,  in  view  of  the  manifold 
difficulties  attendant  upon  the  full  embodiment  of  that  principle  by  the 
Legislature,  to  rest  satisfied  with  the  important  step  finally  taken,  as  the 
utmost  that  could,  at  that  period,  be  accomplished,  it  is  manifest  that  their 
compulsory  acquiescence  in  this  respect  can  not  preclude  them  from  insisting, 
at  any  subsequent  period,  upon  a  complete  and  practical  legislative  recognition 
of  the  right  of  every  child  in  the  State  to  free  admission  to  the  common 
schools,  during  the  period  in  which  they  may  be  open  for  instruction, 
untrammelled  by  any  pecuniary  restriction,  however  slight. 

There  is  another  consideration  connected  with  this  subject,  which  cannot 
fail  to  address  itself  with  great  force  to  the  statesmen  and  legislators  of 
our  State.  Either  the  free  school  system  is  in  accordance  with  the  popular 
will,  or  it  is  not.  Either  the  principles  upon  which  it  is  based  are  in 
conformity  with  the  dictates  of  a  sound  and  enlightened  public  policy,  or 
they  are  at  irreconcilable  variance  with  it.  In  either  case  there  then  should 
be  no  medium  course  between  the  full  recognition  and  adoption  of  the 
system,  and  its  practical  incorporation  as  a  portion  of  our  institutions,  and  its 
rejection  altogether,  and  a  return  to  the  system  as  it  previously  existed.  It 
is  utterly  incompatible  with  all  sound  principles  of  legislation  to  declare  in 
one  breath  that  "  common  schools  throughout  the  State  shall  be  free  to  every 
child  between  the  ages  of  five  and  twenty-one  years,"  and  in  another  to 
provide  for  the  compulsory  imposition  of  a  rate  bill  for  the  expenses  of 
such  tuition,  beyond  a  period  embracing  a  portion  only  of  the  ordinary  term 
of  instruction.  It  is  eminently  unworthy  of  the  representatives  of  the 
Empire  State,  thus  to  "  hold  the  word  of  promise  to  the  ear,  and  break  it  to 
the  hope."     Nearly  two  hundred  and  fifty  thousand  of  the  citizens  and  legal 


478  THE   UNIVERSITY    OF   THE   STATE   OF   NEW    YORK 

voters  of  the  State,  constituting  a  majority  of  one  hundred  and  fifty 
thousand  of  all  the  votes  cast,  declared  in  1849  their  desire  that  the  common 
schools  of  the  slate  should  be  entirely  free :  and  nothwithstanding  the 
obvious  and  universally  conceded  defects  of  the  law  enacted  with  the  view 
of  carrying  their  wishes  into  effect,  they  refused  by  a  majority  of  more  than 
twenty  thousand  to  sanction  its  repeal,  lest  they  should  even  seem  to  endanger 
the  great  principle  they  had  so  successfully  vindicated  and  asserted.  Having 
thus  repeatedly  and  deliberately  placed  themselves  upon  the  record,  in  this 
respect,  they  connded  in  their  representatives  to  remove  all  the  objectionable 
features  of  the  law,  without  affecting  the  vital  principle  at  stake.  Had  it 
been  their  desire  to  restore,  either  wholly  or  in  part  the  old  rate-bill  system, 
it  is  reasonable  to  suppose  they  would  have  proceeded  directly  to  the  accom- 
plishment of  their  object  by  a  decisive  vote  in  favor  of  the  repeal  of  the 
act  of  1849.  Their  vote  against  such  repeal,  in  the  face  of  unanswerable 
objection  to  the  details  of  that  act,  is  beyond  all  question  conclusive  of  their 
intention,  at  all  hazards,  to  preserve  unimpaired  the  free  school  principle; 
and  the  strong  vote  of  the  direct  representatives  of  the  people,  in  favor 
of  the  first  section  of  the  act  of  the  last  session,  declaratory  of  this  principle, 
affords  indubitable  testimony  of  the  strength  of  the  public  sentiment  in  this 
respect. 

Let  us  look  for  a  moment  at  the  practical  results  of  the  existing  law.  It 
purports  on  its  face  to  be  "An  act  to  establish  free  schools  throughout  the 
State,"  and  the  first  section  explicitly  declares  that  "  common  schools  in  the 
several  school  districts  in  this  State  shall  be  free  to  all  persons  residing 
in  the  districts  over  five  and  under  twenty-one  years  of  age,"  as  therein- 
after provided.  The  annual  revenue  of  the  common  school  fund  amounts  to 
three  hundred  thousand  dollars ;  and  this  sum  (exclusive  of  $55,000  set 
apart  for  library  purposes)  together  with  the  avails  of  an  annual  state  tax 
of  $800,000  is  appropriated  to  the  payment  of  teachers'  wages.  The  average 
length  of  time  during  which  the  several  schools  are  kept  open  during  each 
year  is  eight  months,  or  two  terms  of  four  months  each.  The  aggregate 
amount  paid  for  teachers'  wages  throughout  the  State  falls  a  little  short  of 
$1,500,000,  and  is  constantly  increasing  as  teachers  of  a  higher  grade  of 
qualification  are  brought  into  the  schools.  For  the  first  term  of  four  months, 
the  schools  may,  therefore,  be  entirely  free;  in  other  words,  free  for  one- 
third  of  the  year.  At  the  close  of  the  second  term,  there  will  be  a  balance 
of  nearly  $400,000  to  be  collected  bj'^  rate  bill  —  an  amount  falhng  very 
little  short  of  the  sum  heretofore  contributed  for  this  purpose  under  the 
act  of  1847.  This  enormous  balance  will  undoubtedly,  in  the  great  majority 
of  instances,  instead  of  being  collected  at  the  close  of  the  second  term,  be 
diffused  over  the  entire  year  —  a  portion  only  of  the  public  money  being 
appropriated  to  each  term.  Thus  every  child  who  enters  the  school,  instead 
of  finding  it  free,  will  at  the  end  of  each  term,  be  charged  with  a  rate  bill ; 
and  unless  exempted  on  the  ground  of  indigence  by  the  trustees,  his  parents 
or  guardians  will  be  compelled  to  pay  the  amount  so  assessed  with  fees  for 
collection.    Is  it  not  absolute  mockery  to  term  such  a  system  free? 

The  proposition  to  authorize  a  permanent  mill  tax  on  the  property  of  the 
State,  will,  it  is  conceived,  if  adopted,  effectually  carry  out  the  wishes  of  the 
people  and  their  declared  will.  The  amount  is  too  trifling  to  be  burdensome 
to  any  individual;  while  the  object  to  be  effected   is  one  of  the  utmost 


FREE   SCHOOLS  479 

magnitude  and  importance.  Is  there  an  individual  in  the  State  who  would 
not  cheerfully  pay  an  aimual  assessment  of  one  mill  upon  every  dollar  of  his 
valuation,  or  one  dollar  upon  every  thousand,  if  thereby  he  could  secure 
the  blessings  of  education  not  only  for  his  own  children,  but  for  every  child 
of  suitable  age  in  the  State,  for  the  entire  term  during  which  the  schools 
are  kept  open  in  each  year,  in  all  coming  time?  Is  it  not  far  better  that  the 
entire  expenses  of  tuition  should  be  met  in  this  manner  by  one  simple, 
definite,  self-adjusting  process,  adapting  itself  to  the  varying  standard  of 
property  and  valuation,  and  to  the  increasing  wants  of  the  schools,  than  that 
the  trustees  of  each  of  the  eleven  thousand  districts  should  be  periodically 
burdened  with  the  trouble  and  parents  with  the  expense  of  a  vexatious  and 
harassing  rate  bill?  I  cannot  hesitate,  therefore,  cordially  and  earnestly  to 
recommend  the  adoption  of  this  measure  as  in  my  judgment  best  calculated 
to  render  our  common  schools  in  reality  and  permanently  what  they  now  are 
nominallj',  free;  believing  it  to  be  due  not  only  to  the  highest  interests  of 
education,  but  to  a  proper  respect  to  the  clearly  expressed  will  of  a  majority 
of  our  fellow  citizens,  that  the  noble  enterprise,  the  foundations  of  which 
have  been  so  strongly  laid  in  an  enlightened  public  sentiment,  should, 
without  unnecessary  delay,  be  prosecuted  to  a  completion.  .  .  . 

Our  schools  are  not  yet  entirely  free.  Deeply  as  this  is  to  be  regretted, 
after  the  noble,  unyielding,  and  repeated  efforts  of  the  devoted  friends  of 
universal  education  —  after  the  distinct  and  clear  expression  of  the  popular 
will,  in  this  respect  —  and  after  the  unassailable  grounds  of  principle  and 
expediency  so  successfully  vindicated  by  the  advocates  of  reform  —  there  are 
ample  and  abundant  sources  of  consolation  in  a  review  of  the  contest  which 
has  been  waged  for  the  adoption  of  this  great  measure.  So  far  as  public 
opinion  is  concerned,  the  question  may,  undoubtedly  be  regarded  as  definitely 
settled.  Reforms  of  this  nature  when  based  upon  sound  reason  and  en- 
lightened policy  which  underlie  the  principle  of  universal  education,  in  a 
country  such  as  ours,  never  go  backwards.  The  indisputable  right  of  every 
citizen  of  the  Arnerican  republic  to  such  an  education  as  shall  enable  him 
worthily  and  properly  to  discharge  the  varied  and  responsible  duties  incum- 
bent upon  him,  as  such,  cannot  long  remain  practically  unrecognized  in  our 
republican  institulions.  It  has  already  incorporated  itself  in  the  system  of 
public  instruction  of  several  of  our  sister  States;  it  has  found  its  way  into 
the  municipal  regulations  of  all  our  cities  and  many  of  the  most  important 
towns  of  our  own  State;  and  above  and  beyond  all,  it  has  entwined  itself 
into  the  deepest  conviclicns  and  soundest  regards  of  the  great  mass  of  the 
people.  Its  full  assertion  may  be  deferred,  but  cannot  ultimately  be 
repressed. 

Mr.  S.  L.  Holmes,  City  Superintendent  of  Brooklyn,  in  his  report 
under  date  of  February  4,  1851,  says,  under  the  heading 

Free  Schools 

The  system  of  free  common  schools,  thus  established  and  conducted  in 
the  city,  is  now  in  general  operation  throughout  the  State.  With  us,  it  has 
existed  since  18.J3;  and  the  opinion  formed  of  it,  after  a  seven  years'  trial, 
was  recently  expressed  by  cur  citizens  in  their  approving  majority  of  nearly 


480  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

8000  votes.  In  our  cities,  perhaps,  this  liberal  system  of  public  instruction 
is  more  fully  appreciated  than  elsewhere.  In  them,  too,  it  may  be  found 
of  more  urgent  necessity  and  of  more  general  application.  Hence,  the  cities 
have  called  for  its  adoption  almost  unanimously,  and  in  doing  so,  have 
given  evidence  of  intelligence,  generosity  and  patriotism,  which  do  them 
honor.  Overrun  by  the  ignorant  and  destitute  of  all  nations,  the  inhabitants 
of  our  cities  seem  nobly  to  have  resolved,  not  only  to  welcome  the  crowds  of 
homeless  wanderers  who  seek  an  asylum  among  us,  but  to  elevate  them  by 
mental  and  moral  culture,  and  bless  them  by  enabling  them  and  their  offspring 
to  understand  and  prize  the  privileges  ihey  are  permitted  so  freely  to  enjoy. 
And  this  is  done,  with  no  view  but  to  secure  the'  public  good ;  and  with 
no  intention  of  interfering,  in  the  slightest  degree,  with  the  personal  interest, 
the  private  views,  or  the  religious  preferences  and  scruples  of  any  one.  The 
social  and  civil  welfare  of  all,  and  of  all  alike,  forms  the  cne  great  object 
of  our  free  public  school  system  wherever  adopted.  Happily,  this  institution 
of  Free  Schools  is  finding  its  way  into  most  of  the  States  of  our  Union ; 
and  in  its  progress  is  universally  producing  the  belief  that  an  institution  so 
appropriate  in  its  character,  so  magnanimous  in  its  aim,  so  just  in  its 
operation,  and  so  unlimited  in  the  benefits  it  confers,  cannot,  if  generally 
introduced  and  properly  guarded,  fail  to  prove,  under  Providence,  the 
blessing  and  glory  of  our  land. 

Extract  from  report  of  Joseph  McKeeii,  city  superintendent  of 
common  schools  New  York  City,  to  the  board  of  education, 
January  28,  1852 : 

The  public  school  society's  schools^  which  were  among  the  pioneer  schools 
of  the  free  common  school  system  of  this  State,  are  still  continued.  The 
men  who  founded  that  society  were  men  who  loved  their  species  and  country. 
Their  schools  have  done  much  for  a  numerous  class  of  persons,  who  are 
now  among  us  to  speak  their  eulogium.  But  it  is  not  in  consonance  with 
the  voice  of  an  intelligent  community,  that  a  voluntary  or  corporate  body 
should  assume,  or  perform  the  functions  of  the  citizens  at  large  except  in 
cases  of  extreme  dereliction  on  the  part  of  the  public.  However  beneficient 
their  purposes,  and  however  wise  from  experience  the  members  of  a  societj' 
may  become,  there  are  many  equally  good  and  honest  men.  who  will  doubt 
the  policy  of  committing  so  great  a  matter,  as  the  education  of  the  majority 
of  the  children  of  the  whole  community  to  an  incorporated  society,  over 
whose  doings  they  have  no  direct  control.  It  has  been  fortunate  for  the 
people  of  this  city,  that  men  of  pure  intention  have  continued  to  control  the 

1  It  is  not  intended  to  affirm  that  these  were  the  first  free  schools  in  the  State,  nor 
th;  first  which  have  been  aided  by  the  Colonial  or  .State  Legislature,  but  that  they  were 
the  first  unconnected  with  any  church  that  were  common  free  schools.  There  is  a  Rood 
school  in  the  city  under  the  patronage  of  the  Collegiate  Dutch  churches,  which  has  been 
in  successful  operation  for  ne.ir  150  years.  Other  churches  have  supported  and  still 
support  free  schools;  some  of  them  have  at  times  received  individual  aid,  and  some  have 
had  grants  from  the  public.  It  is  not  pretended  that  free  schools  are  a  new  invention. 
Tlic  colony  of  Massachusetts,  at  an  early  day,  had  free  schools,  .^nd  before  Massachu- 
setts, the  Scotch  parliament,  as  early  as  1494,  had  a  school  system,  which  was  nearly 
free.  And  I  find  also  in  the  writings  of  Bernard,  the  Fenelon  of  the  12th  century, 
that  the  Vaudois  had  something  like  free  schools,  for  this  venerable  man  says  —  whether 
by  way  of  exultation  or  reproof,  the  reader  will  judge:  "That  the  rustics  and  laymen 
of  these  valleys  are  tauoht  to  argue  and  confute  their  betters,  upon  subjects  thai  thev 
had  no  businesi  to  meddle  u-ith:  FOR  THEY  HAVE  SCHOOLS  EVERY  WHKRE, 
in  which  the  meanest  of  the  people  are  allcnced  to  attend." 


FREE  SCHOOLS  481 

councils  of  this  great  society,  until  other  municipal  and  State  provisions  are 
made  for  the  education  of  a  large  portion  of  the  children  of  this  community. 

Extract  from  report  of  Joseph  McKeen,  superintendent  of  com- 
mon schools,  New  York  City,  to  the  State  Superintendent,  December 

31,  1853: 

That  the  course  of  education  should  receive  countenance  and  support, 
people  generally  agree.  Few  or  no  complaints  are  made  against  the  payment 
of  so  much  tax  as  is  necessary  for  the  support  of  common  schools.  Thous- 
ands of  respectable  citizens,  v^^ho,  a  few  years  ago,  looked  upon  our  public 
schools  as  a  sort  of  commendable  charity  for  the  children  of  families  of 
small  means,  now  speak  of  them  with  pride  or  complacency,  and  send  to 
them  both  their  sons  and  their  daughters,  in  the  full  confidence  that  in  these 
schools  they  receive  better  elementary  instruction  than  they  could  obtain 
elsewhere.  .  .  . 

At  no  period  since  the  school  system  of  the  State  was  devised,  has  the 
city  of  New  York  presented  so  many  gratifying  evidences  of  progress,  as  at 
the  present  time.  Formerly  there  may  have  been  more  signal  sacrifices  on 
the  part  of  individuals  in  means  and  in  services,  to  elevate  the  lowly.  There 
may  have  been,  imd  there  probably  was,  more  of  personal  effort  to  establish 
and  sustain  school  organizations  which  were,  from  their  constitution,  partial 
or  sectional,  than  can  be  shown  or  are  needed  at  the  present  time.  Public 
sentiment  has  been  created  in  favor  of  free  schools.  The  public  purse  has 
been  opened  for  their  support.  Various  society  and  corporate  schools  have 
been  merged  and  consolidated  into  one  organization.  The  schools  are 
improved,  better  known,  and  more  appreciated;  the  odor  of  charity  is  taken 
off,  and  the  people  at  large  recognise  in  them,  under  the  smile  of  a  benign 
Providence,  a  system  of  instruction  yet  to  be  matured  and  amplified,  which 
we  trust  shall  be  for  our  children  and  their  descendants  for  many  generations. 

Press  Comment  on  Law  of  1851 

The  following  are  newspaper  editorials  and  comments  in  regard 
to  the  School  Law,  1851 : 

We  are  informed  that  the  Comptroller  and  Secretary  of  State  have  decided 
to  withhold  from  this  county  our  usual  quota  of  school  money,  for  the 
reason  that  the  board  of  supervisors  refused  to  levy  a  tax  of  like  amount 
upon  the  county. 

Truly  we  are  in  a  pretty  fix.  The  Supreme  Court  has  decided  the  free 
school  tax  to  be  unconstitutional,  and  consequently  the  tax  illegal.  On  the 
the  other  hand  the  Comptroller  and  Secretary  say,  impose  the  tax  and  raise 
the  money,  for  until  you  do,  you  get  no  part  of  the  school  fund.  Verily,  we 
are  between  SycUa  and  Charybdis. —  Green  County  Whig,  from  Utica  Daily 
Gazette,  February  12,  1851 

The  School  Bills 

We  make,  for  the  infomation  of  our  readers,  the  following  synopsis  of 
the  bills  which  have  been  reported  to  the  Assembly  by  the  committee  on 
colleges,  academies  and  common  schools.  We  believe  there  are  other  propo- 
sitions of  different  shades  and  complexions,  before  the  Legislature,  which 
have  not  yet  been  given  to  the  public. 

31 


482  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

The  bil!  reported  by  the  majority  of  the  committee,  provides: 

That  the  common  schools  of  the  State,  shall  be  free  to  all  persons  resid- 
ing in  the  several  districts,  over  5  and  under  21  years  of  age. 

That  $800,000  shall  be  raised  each  year,  by  general  tax  upon  the  real  and 
personal  property  within  the  State,  the  tax  to  be  apportioned  among  the 
counties  according  to  the  valuation  of  the  real  and  personal  estate  therein. 

One-fourth  of  said  $800,000,  and  one-fourth  of  all  other  moneys  appro- 
priated by  the  State  for  the  support  of  schools,  to  be  apportioned  among  the 
several  districts,  parts  of  districts  and  separate  neighborhoods,  from  which 
report  shall  have  been  received,  as  follows :  to  each  separate  neighborhood,  a 
sum  equal  to  33  cents  for  each  child  between  the  ages  of  4  and  21  years, 
but  not  to  exceed  $24  in  all,  to  each  neighborhood ;  and  the  remainder  of 
said  one-fourth  to  be  divided  equally  among  the  several  districts. 

The  remaining  three-fourths  of  the  $800,000  and  of  all  other  moneys 
appropriated  for  the  support  of  schools,  to  be  apportioned  to  the  several 
counties,  cities  and  towns  in  the  mode  now  prescribed  by  law,  for  the  divi- 
sion of  the  income  of  the  school  fund;  the  share  of  each  town  to  be  paid 
to  the  town  superintendents,  and  by  them  divided  among  the  several  dis- 
tricts according  to  the  number  of  children  between  the  ages  of  4  and  21 
years  —  but  no  money  to  be  paid  to  any  district  which  shall  not  have  had  a 
school  taught  by  a  duly  qualified  teacher  at  least  8  months  during  the  year, 
unless  by  special  permission  of  the  State  Superintendent. 

Any  balance  necessary  to  be  raised  in  any  district  for  the  payment  of 
teachers'  wages,  to  be  raised  by  the  trustees,  by  a  poll  tax  upon  each  resi- 
dent of  the  district  entitled  to  vote  at  school  district  meetings. 

All  moneys  appropriated  by  the  act,  to  be  applied  to  the  payment  of  teach- 
ers' wages  only. 

This  bill  has  the  sanction  of  the  following  members  of  the  committee: 
Messrs  Benedict  of  Westchester,  Swords  of  New  York,  and  Feller  of 
Dutchess. 

The  bill  reported  by  the  minority  of  the  committee  (Messrs  Burroughs  of 
Orleans  and  Ferris  of  Tompkins)  omits  the  declaration  that  the  schools 
"  shall  be  free,"  but  diflfers  from  the  majority  bill  in  substance,  only,  in  pro- 
viding that  any  balance  necessary  *to  be  raised  by  the  districts  for  the  pay- 
ment of  teachers'  wages,  shall  be  raised-  by  rate  bill,  against  those  sending 
to  the  school,  in  proportion  to  the  number  of  days  and  children  sent,  and  that 
the  trustees  may  exempt  any  indigent  inhabitant  from  payment,  in  whole  or 
in  part,  in  their  discretion.  It  requires  a  school  to  be  kept  but  7  instead  of 
8  months,  to  ent'tle  the  district  to  share  in  the  distribution,  and  provides 
that  the  first  apportionment  under  the  act  may  be  made  to  all  districts  which 
were  entitled  to  an  apportionment  of  public  money  in  the  year  1849. —  Bing- 
hamton  Democrat,  February  20,  1851 

The  Free  School  Law 
Messrs  Editors  —  It  seems  to  be  a  settled  fact,  determined  by  the  vote  of 
the  State,  at  two  successive  annual  elections,  by  legislative  action,  by  the 
necessity  and  propriety  of  the  thing  itself,  and  by  the  moral  sense  of  the 
community,  that  we  are  to  have  free  schools  throughout  the  State,  and  must 
maintain  them  a  certain   portion  of   the  year,   free   for  all  children   of   all 


FREE  SCHOOLS  483 

classes  of  suitable  age  to  attend  them.  This  is  all  well,  and  as  it  should  be; 
and  for  one,  I  am  willing  to  be  taxed  my  just  proportion  of  the  expense  of 
supporting  them,  allowing  the  burdens  and  benefits  of  these  schools  are 
equally  and  justlj'  distributed  among  all  the  districts  of  the  State. 

But  there  in  one  feature  in  the  old  school  law,  and  the  same  is  retained 
in  the  present  law,  and  in  substance  embraced  in  the  reports,  both  of  the 
majority  and  the  minority  of  the  committee  appointed  to  report  on  that  sub- 
ject to  the  present  Legislature,  which  meets  my  decided  disapprobation;  and 
I  think,  on  reexamination,  it  must  meet  the  decided  disapprobation  of  the 
majority  of  the  people  of  the  State.  I  allude  to  the  unequal  manner  of 
distributing  the  aggregate  of  all  the  school  funds  possessed,  and  to  be  raised 
in  the  State,  among  the  several  districts  within  its  limits.  Both  under  the 
eld  law,  and  the  present,  and  the  one  proposed  by  both  branches  of  the 
committee  (and,  I  am  sorry  to  saj',  indorsed  by  the  late  state  convention  of 
town  superintendents  of  common  schools,  held  in  this  city)  the  operation  is 
exceedingly  unequal,  unjust  and  onerous  to  the  smallest  districts.  In  these, 
the  taxes  and  burdens  on  individuals  of  sustaining  schools  under  the  old 
law,  have  always  been  more  than  double,  often  quadruple,  those  imposed  on 
the  members  of  large  districts.  For  while  the  large  districts  received  public 
money  enough  to  pay  the  entire  amount  of  their  teachers'  wages  through  the 
year,  the  smallest  districts  were  compelled  to  raise  by  rate  bills  or  other 
means,  from  one-half  to  two-thirds  or  three-fourths  of  the  teachers'  wages 
among  themselves,  besides  their  incidental  and  other  expenses.  And  this 
heavy  burden  has  been  borne  by  a  small  number  (there  being  but  few  in  the 
districts)  whereas  had  the  deficit  occurred  in  the  large  districts,  the  burden 
would  have  been  much  less  per  individual  than  it  was  in  the  small.  And 
what  rendered  this  law  still  more  oppressive  was,  that  the  inhabitants  of 
these  small  districts  were  taxed  equally  with  all  others  to  raise  the  county 
and  town  school  funds,  which  went  into  the  common  receptacle,  and  these 
were  so  unequally  distributed,  these  districts  not  getting  back  what  they 
had  actually  paid,  and  the  large  districts  (drawing  in  proportion  to  the 
number  of  their  children)  getting  more  than  they  had  paid  of  these  county 
and  town  taxes.     So  it  is  under  the  present  law. 

The  basis  of  distribution  among  the  several  districts  by  the  new  law  pro- 
posed by  both  branches  of  the  committee  of  the  Assembly,  and  approved  by 
the  Utica  convention  of  superintendents,  is  this :  One-fourth  of  all  the 
school  funds  from  all  sources,  to  be  equally  divided  among  all  the  districts 
of  the  State;  and  the  other  three-fourths  to  be  divided  according  to  the 
number  of  children  between  the  ages  of  four  and  twenty-one,  residing  in 
the  several  districts.  This,  on  a  first  or  superficial  view,  may  appear  very 
fair  and  equal.  But  on  a  strict  and  careful  consideration  of  all  the  cir- 
cumstances of  the  case,  and  the  expense  of  supporting  a  single  school 
(whether  large  or  small)  for  eight  months  of  the  year,  I  think  it  must 
appear  exceedingly  unequal  and  defective. 

The  difference  in  the  expense  between  keeping  up  a  large  school  and  a  small 
one,  is  very  trifling  —  far  less  than  most  people  imagine.  In  the  first  place, 
the  small  district  must  have  a  schoolhouse,  as  well  as  the  large  one;  and,  in 
proportion  to  their  numbers,  it  will  cost  them  quite  as  much,  or  more,  than 
it  will  cost  the  large  district  to  build  theirs.     In  the  next  place,  the  small 


484  THE  UNIVERSITY   OF  THE  STATE   OF   NEW   YORK 

district  must  have  a  qualified  teacher,  teacher's  board,  and  fuel  for  warming 
their  house;  and  these  will  all  cost  nearly,  if  not  quite,  as  much  as  the  same 
will  cost  the  larger  district.  Few  or  no  rural  districts  in  the  State  employ 
more  than  one  teacher.  Even  in  districts  where  there  are  150  children 
between  the  ages  of  four  and  twenty-one,  not  more  than  from  70  to  90 
generally  attend  school  at  once,  and  they  employ  but  one  teacher. 

Now,  here  are  two  districts  lying  side  by  side  in  the  same  town :  the  one, 
situated  in  a  small  village,  numbers  150  children  between  four  and  twenty- 
one  years  of  age;  and  the  other,  spread  over  a  larger  space,  but  thinly 
peopled,  has  but  25  children  of  the  age  to  draw  public  school  money.  Sup- 
pose now,  the  average  sum  of  public  money  for  distribution,  is  $100  per  dis- 
trict; one- fourth  of  which  is  to  be  equally  divided  among  them  all,  and  the 
other  three-fourths  to  be  distributed  according  to  the  number  of  children 
of  the  above  ages.  Of  course  $200  would  be  the  portion  of  these  two  dis- 
tricts. One-fourth  of  this  sum  ($50)  divided  equally,  would  give  each  district 
$25.  Then  the  other  three-fourths  ($150)  would  have  to  be  divided  into 
seven  equal  parts,  of  which  the  small  district  would  receive  one,  and  the 
large  district  six  parts,  i.e.  $21.43  lacking  a  few  mills  and  $128.57,  which 
added  to  the  $25  each,  before  divided,  would  give  a  total  to  the  small  dis- 
trict of  $46.43,  and  to  the  large  district  $153.51-  Now  both  districts  are 
required  to  support  schools  eight  months  in  the  year.  Dividing  these  respec- 
tive sums  by  8,  would  give  the  small  district  $5.80  per  month,  and  the  large 
district  $19.18  per  month.  Now,  I  ask,  can  the  small  district  support  a 
school  eight  months  by  a  qualified  teacher  short  of  nearly  double  the  amount 
above  given  it?  And  how  is  this  additional  sum  to  be  raised  in  this  small  and 
poor  district,  already  taxed  its  full  proportion  to  raise  the  $800,000  State  tax 
imposed  by  the  law? 

As  before  remarked,  the  difference  in  expense  between  supporting  a  large 
school  and  a  small  one,  is  but  trifling,  (as  schoolhouse,  fuel,  teacher  and 
board  must  alike  be  had  for  each,)  and  if  a  deficit  of  public  money  exist, 
the  large  is  better  able  to  supply  it  than  the  small.  I  sincerely  hope,  there- 
fore, that  this  great  inequality  and  injustice  to  small  districts,  will  be  cor- 
rected by  the  Legislature  before  the  law  passes.  And  I  would  respectfully 
submit  to  the  Legislature  and  the  public,  whether  it  would  not  be  less 
oppressive,  more  equal,  more  just,  to  divide  two  thirds  of  all  the  school 
moneys  equally  among  the  districts,  and  the  other  third  according  to  the 
ratio  of  children  in  the  districts.  This  would  give  the  large  district,  in  the 
case  above  supposed,  and  on  that  basis,  $123.82  or  $15.48  per  month  for 
eight  months,  and  the  small  district  $76.19,  or  $9.52  per  month  for  eight 
months,  which  I  think  would  be  really  more  favorable  to  the  large  than  to 
the  small  district,  but  altogether  nearer  to  justice  than  the  old  law,  or  the 
new  one  proposed. 

Philo  Justitia 
—  Utica  Daily  Gazette,  March  10,  1851 

The  school  bill  which  passed  to  an  engrossment  in  the  Assembly,  on  Fri- 
day night,  lays  a  state  tax  of  $800,000  to  be  added  to  other  public  school 
funds  and  distributed  among  the  school  districts,  one-third  equally  and  the 
balance  according  to  the  number  of  scholars.  The  deficiency  for  the  support 
of  the  schools  is  then  to  be  raised  by  rate  bills,  as  under  the  old  common 


FREE  SCHOOLS  485 

school  system,  property  not  liable  under  execution,  being  exempted  from 
levy  on  a  school  warrant  The  bill  amounts  to  an  increased  appropriation 
of  $800,000  for  the  support  of  common  schools,  to  be  raised  by  a  state  tax, 
and  return  to  the  old  system,  with  some  improvements.  It  is  said  that  a 
large  proportion  of  those  who  voted  against  the  bill  did  so  on  the  ground 
that  a  state  tax  would  operate  unequally  upon  the  cities  and  larger  counties, 
unless  the  assessment  laws  were  modified.  Several  voted  in  the  negative 
because  the  rate-bill  system  was  retained,  and  a  few  others  for  minor  and 
different  reasons: 

The  Albany  Argus  remarks: 

"  The  bill  if  accompanied  by  another  equalizing  assessments  and  taxation 
throughout  the  state,  will  probably  find  favor  —  without  such  an  accompani- 
ment, it  can  scarcely  be  expected  that  it  will  not  create  discontent.  Such  a 
bill  is  now  in  progress  in  the  house,  and  now  that  the  school  bill  is  disposed 
of,  will  no  doubt  be  perfected  and  passed."  —  Binghamton  Iris,  April  4,  1851 

The  New  School  Bill  a  Law 

The  school  bill  which  has  been  pending  in  the  Legislature  since  the  com- 
mencement of  the  session,  has  passed  through  the  Senate  by  the  strong  vote 
of  22  to  4.  It  now  only  waits  the  signature  of  the  Governor  to  become  law. 
It  provides  ist.  A  state  tax  of  $800,000.  2d.  The  equal  distribution  of 
one-third  of  this  sum,  together  with  the  $300,000  from  the  school  fund, 
among  the  school  districts,  and  the  residue  per  capita.  3d.  The  rate  bill 
to  make  up  deficiencies :  and  4th.  That  all  property  exempt  from  execution 
shall  be  exempt  from  school  warrants. 

There  are  no  other  material  changes  in  the  details  of  the  old  law;  and  it 
is  very  generally  believed  that  the  measure  will  be  reasonably  acceptable  to 
the  People.  It  is  a  compromise  measure,  well  calculated  to  allay  the  excite- 
ment which  has  existed  during  the  last  two  years,  and  to  restore  that  har- 
mony in  the  districts  so  indispensable  to  the  success  of  the  schools,  and  the 
advancement  of  the  cause  of  education. —  Rochester  Daily  Democrat,  April 
14,  1851 


486  THE   UNIVERSITY    OF   THE   STATE   OF    NEW    YORK 


Chapter  ii 

EDUCATIONAL  DEVELOPMENTS  AFTER  THE  ENACT- 
MENT OF  THE  LAW  OF  1851 

This  long  period  of  statewide  agitation  for  free  schools  had 
apparently  brought  about  the  consciousness  of  a  need  of  further 
educational  reform.  As  the  State  began  to  take  upon  itself  more 
and  more  its  educational  responsibilities  it  became  apparent  that 
a  State  Department  of  Public  Instruction  would  be  necessary  to 
fulfil  this  greater  obligation.  Such  a  department  was  created  in 
1853.*  The  report  of  the  committee  on  literature  in  regard  to  the 
matter  of  creating  the  office  of  Superintendent  of  Common  Schools 
and  separating  it  from  that  of  the  Secretary  of  State  was  as  follows : 

In  Senate,  February  i,  1S54 
No.  39 
Report 
Of  the  committee  on  literature,  on  the  separation  of  the  office  of  Super- 
intendent of  Common  Schools  from  that  of  Secretary  of  State- 
Mr  Robertson,'  from  the  committee  on  literature,  to  which  was  referred 
so  much  of  the  annual  message  of  His  Excellency  the  Governor  as  relates 
to  the  separation  of  the  office  of  Superintendent  of  Common  Schools  from 
that  of  Secretary  of  State. 

REPORTS : 

That  the  office  of  Superintendent  of  Common  Schools  was  originally  a 
separate  and  distinct  department  of  the  state  government,  created  when  the 
first  school  law  was  passed  in  1813,  and  remained  such  for  a  period  of  six  or 
seven  years ;  when,  in  consequence,  as  is  believed,  of  some  political  reason, 
growing  out  of  the  appointment  of  the  successor  to  the  Hon.  Gideon  Hawley, 
it  was  merged  in  the  office  of  Secretary  of  State.  The  duties  then  imposed 
upon  that  officer  were  comparatively  light,  either  in  his  capacity  as  Secretary 
or  Superintendent  of  Common  Schools.  Since  that  period,  however,  both 
have  been  immensely  augmented ;  and,  independently  of  his  duties  as  a 
Commissioner  of  the  Canal  Fund  and  a  member  of  the  Canal  Board,  as  a 
trustee  of  the  capitol  and  of  the  State  Library,  and  as  a  member  of  the 

*  William  H.  Robertson  was  born  in  Bedford,  Westchester  county,  N.  Y.,  October  lo. 
1823.  After  pursuing  his  preliminary  studies  at  Union  Academy,  he  read  law  and.  in 
1847,  was  admitted  to  the  bar.  Mr  Robertson  was  early  chosen  for  public  positions.  He 
served  for  several  terms  as  town  superintendent  of  the  Bedford  common  schools,  four 
years  as  supervisor  of  his  town  and  twelve  years  as  county  judge  of  Westchester  county. 
During  the  Civil  War,  Judge  Robertson  rendered  effective  service  as  chairman  of  the 
military  committee  and  commissioner  of  the  draft  in  his  section  of  the  State. 

Mr  Robertson  was  a  Whig  but  in  1855  associated  himself  with  the  Republican  party 
and  served  for  twelve  years  as  a  member  of  the  state  committee  of  that  organization.  In 
1840—50,  he  represented  Westchester  county  in  the  Assembly  and  supported  the  free 
school  bill  of  that  year.  He  served  in  the  State  Senate  in  1854—55.  He  was  elected 
to  the  Fortieth  Congress  and  in  1872—73  was  again  returned  to  the  State  Senate,  where 
he  served  from  1872  to  1881  and  again  from  1889  to  1891,  much  of  the  time  being  presi- 
dent pro  tempore.  Senator  Robertson  was  a  delegate  to  tnany  Republican  national  con- 
ventions and  his  action  in  the  convention  of  1880  in  refusing  to  be  bound  by  the  "unit 
rule,"  thus  making  possible  the  nomination  of  General  Garfield  for  President,  made  him 
a  prominent  figure  of  the  time.     He  died  December  6,  1898. 


FREE   SCHOOLS  487 

Regents  of  the  University;  duties,  the  performance  of  which  absorb  a  very 
large  share  of  his  time;  the  constant  aid  of  an  efficient  deputy  and  five 
clerks  is  necessary  to  enable  him  to  discharge  the  duties  appertaining  to 
him  as  Secretary  of  State.  He  is  also  charged  with  the  arrangement  and 
supervision  of  the  criminal  statistics  of  the  State,  embracing  returns  from  all 
the  various  criminal  courts,  with  the  returns  of  the  overseers  and  super- 
intendents of  the  poor  in  the  several  counties,  with  the  disposition  of  the 
unsold  lands  belonging  to  the  State  and  the  records  appertaining  thereto, 
with  the  distribution  of  public  documents,  laws,  &c.,  &c.,  and  with  a  great 
variety  of  miscellaneous  duties  under  the  provisions  of  various  acts;  all 
which  is  deemed  amply  sufficient  to  occupy  the  time  and  exhaust  the  energies 
of  the  most  faithful  and  competent  public  officer. 

In  consequence  of  this  state  of  things,  it  has  been  found  necessary,  for 
years  past,  to  devolve  nearly  the  entire  charge  of  the  school  department  upon 
a  deputy.  There  are  nearly  twelve  thousand  school  districts  in  the  State 
confided  to  his  supervision,  and  a  constant  and  burdensome  daily  corre- 
spondence with  the  officers  and  inhabitants  of  these  districts,  and  with 
the  several  town  superintendents,  is  necessary  to  be  carried  on,  in  reference 
to  complicated  and  difficult  questions  of  law,  and  protracted  and  angrj' 
controversies,  growing  out  of  their  official  acts  and  proceedings. 

The  amount  of  public  money  annually  to  be  apportioned  among  the  several 
counties,  cities,  and  towns  of  the  State,  exceeds  one  million  of  dollars ;  and 
this,  together  with  the  annual  apportionment,  in  the  same  manner  of  the 
State  tax,  of  $800,000,  required  by  the  act  of  1851,  is  sufficient  of  itself  to 
occupy  the  time  of  a  single  officer  for  at  least  an  entire  month.  In  addition 
to  all  of  these  exhausting  and  responsible  labors,  the  Secretary  of  State,  in 
his  official  capacity  as  Superintendent  of  Common  Schools,  is  charged  with 
the  preparation  of  forms,  instruction,  blanks,  &c.,  for  the  use  of  the  several 
school  districts,  with  the  annual  visitation  and  inspection  of  several  literary 
and  charitable  institutions  in  the  city  of  New  York,  and  with  the  general 
oversight  and  supervision  of  the  State  Normal  School.  It  is  also  very 
desirable,  in  every  point  of  view,  that  this  general  supervision  should  be 
extended  so  as  to  embrace  the  several  academies  and  other  incorporated 
literary  institutions,  and  to  cover,  if  possible,  the  entire  educational  interests 
of  the  State. 

Both  the  late  Secretary  of  State  and  his  predecessor  in  office,  have 
strongly  recommended  the  organization  of  a  distinct  department,  and  the 
views  of  the  present  incumbent  are  understood  to  be  decidedly  in  its  favor. 
The  commissioner  appointed  by  the  late  Governor  Hunt,  in  pursuance  of  a 
resolution  of  the  Assembly  in  185 1,  to  codify  the  several  statutes  in  relation 
to  common  schools,  reported  in  favor  of  the  adoption  of  this  measure.  The 
present  Executive  had  added  his  sanction  to  this  recommendation;  and  the 
State  Association  of  Teachers,  assembled  at  Rochester,  in  August  last,  and 
the  convention  of  academical  and  classical  teachers,  recently  in  session  in 
this  city,  unanimously  adopted  resolutions  in  favor  of  the  separation  of  the 
two  offices.  The  friends  of  popular  education  throughout  the  State,  through 
the  press  and  otherwise,  have  taken  deep  interest  in  this  question,  and  with 
almost  entire  unanimity,  have  expressed  their  desire  that  the  entire  educational 
interests  of  the  State  should  be  represented  by  a  distinct  and  efficient 
organization.     Public  sentiment  is  unequivocally  and  strongly  in  its  favor; 


488  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

and  it  is  believed  the  time  has  fully  arrived  when  this  important  and  needed 
reform  may  advantageously  be  effected. 

The  election  of  State  Superintendent  by  joint  ballot  of  the  Senate  and 
Assembly,  is  deemed  preferable  to  any  other  mode  which  has  been  suggested. 
The  Regents  of  the  University,  representing  the  academical  and  collegiate 
branches  of  public  instruction,  are  chosen  in  this  manner;  and  the  precedent 
thus  established,  is  believed  to  be  wise  and  judicious.  The  public  inter- 
est demands  an  immediate  and  effective  organisation  of  this  department, 
independently  of  all  political  bias,  and  free  from  the  agitation  and  excite- 
ment inevitably  consequent  upon  a  popular  canvass  at  the  polls.  Political 
considerations,  above  all  others,  should  be  removed  as  far  as  possible  from 
the  choice  of  an  officer  entrusted  with  the  supervisory  charge  of  our  noble 
system  of  public  instruction ;  and  the  immediate  representatives  of  the  peo- 
ple can  have  no  interests  in  the  discharge  of  this  responsible  duty,  not  fully 
in  accordance  with  the  great  mass  of  their  constituents  of  all  parties. 

The  term  of  office  proposed  for  the  State  Superintendent,  is  of  suffi- 
cient duration  to  enable  him  to  become  perfectly  familiar  with  his  duties, 
and  sufficiently  brief  to  render  him  amendable  to  public  sentiment,  in  their 
discharge. 

In  conclusion,  the  separation  of  these  two  offices,  and  the  organization 
of  a  distinct  and  independent  department,  charged  with  the  general  super- 
vision of  the  educational  interests  of  the  State,  are  believed  to  be  measures 
imperatively  demanded  by  the  best  interests  of  the  State  —  right  and  proper 
in  themselves  —  in  accordance  with  public  sentiment,  and  conformably  to  the 
repeated  and  urgent  recommendation  of  the  several  public  functionaries, 
whose  positions  have  enabled  them  to  be  the  most  competent  judges  of  the 
necessity  and  expediency  of  the  measure.  On  the  other  hand,  the  combina- 
tion of  the  two  is  an  anomaly  which  finds  no  precedent  or  countenance  in 
our  government.  There  is  no  more  necessary  or  proper  connection  between 
these  two  officers,  than  between  any  other  two  independent  departments  of 
government;  nor  is  there  any  stronger  reason  why  the  department  of  pub- 
lic instruction  should  be  attached  to  the  office  of  the  Secretary  of  State, 
than  to  that  of  the  Attorney  General,  Comptroller,  Treasurer  or  State 
Engineer.  Its  duties  have,  it  is  true,  been  ably  and  satisfactorily  discharged 
under  the  existing  organisation,  as  beyond  all  doubt  they  would  have  been, 
under  the  same  circumstances,  by  either  of  the  state  officers  referred  to. 
But  it  has  been  found  impossible,  and  must  continue  to  be  utterly  imprac- 
ticable, to  discharge  them  in  person,  or  to  give  to  them  that  attention  and 
consideration  which  their  importance  demands.  A  division  of  labor  in  this 
respect  would  seem  therefore  not  only  to  be  wise  in  itself,  but  just  to  the 
officer  whose  time  and  energies  are  thus  unreasonably  taxed,  and  who  is 
held  responsible  for  acts  the  performance  of  which,  to  the  full  extent 
required  at  his  hands  is  physically  impossible. 

Your  committee  accordingly,  guided  by  these  considerations,  ask  leave  to 
introduce  the  accompanying  bill. 

In  the  report  of  the  first  Superintendent  of  Public  Instruction 
V.  M.  Rice,  under  date  of  December  31,  1854,  in  speaking  of  union 
free  schools,  he  says : 


|ii».   J.  jjw.  j.^«  •^jM'jiMtMimjmm.'m-*^K..:^':.wr^ 


ii^ 


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FREE  SCHOOLS  489 

The  act  to  provide  for  the  establishment  of  union  free  schools,  passed 
June  18,  1853,  is  exerting  a  very  beneficial  influence.  It  is  only  necessary 
that  its  provisions  be  more  fully  understood  to  secure  their  general  adop- 
tion by  the  districts  throughout  the  State,  as  being  decidedly  preferable  to 
the  system  of  collection  by  rate  bill.  It  is  the  opinion  of  the  undersigned 
that  universal  free  schools  will  result  from  the  application  of  this  law;  for 
as  rapidly  as  public  opinion  becomes  enlightened,  so  as  to  appreciate  and 
approve  the  principle,  it  will  be  adopted,  and  when  thus  adopted,  it  will 
have  —  what  all  laws  and  regulations  in  a  free  government  should  have  — 
the  free  and  cordial  support  of  those  for  whose  government  or  direction  it 
was  designed.  The  law,  after  receiving  some  verbal  emendation,  should  be 
published  with  proper  forms  and  instructions  for  general  distribution. 

A  year  later  he  vi^rites  upon  the  same  subject  as  follows: 

Twenty-five  districts  have  been  organized  under  chapter  433  of  the  Laws 
of  1853,  for  the  establishment  of  union  free  schools.  It  is  known  to  the 
Department  that  measures  for  the  organization  of  several  others  have  been 
abandoned,  in  consequence  of  the  great  obscurity  of  the  statute  in  several 
vital  points.  Its  main  purpose  appears  to  have  been  to  enable  the  inhabitants 
of  any  school  district,  either  singly  or  in  conjunction  with  other  districts, 
to  provide  for  free  instruction  in  the  primary  departments,  and  to  defray 
the  expense  by  tax  instead  of  depending  upon  a  rate  bill  for  any  portion. 
This  purpose,  however,  is  nowhere  declared  in  express  terms,  and  though 
it  is  clearly  inferable  in  regard  to  such  schools,  when  established  in  cities 
and  incorporated  villages,  and  is  deducible,  though  with  less  certainty,  from 
the  provisions  regulating  the  organization  of  rural  districts,  it  is  yet  a 
matter  of  doubt  whether  such  tax  may  be  levied  by  the  board  of  education 
without  any  popular  vote  (except  that  by  which  the  inhabitants  adopt  an 
organization  under  the  act)  or  requires  a  vote  of  a  majority  of  the  inhabit- 
ants, or  finally  must  be  sanctioned  by  the  vote  of  two-thirds.  There  is  no 
mode  provided  by  which  the  inhabitants  may  abandon  the  system  if  found 
inconvenient  or  impracticable,  but  they  are  compelled  to  stumble  along 
through  doubts  and  difficulties  which  the  statute  does  quite  as  much  to  cre- 
ate as  to  remove. 

It  is  believed  that  the  policy  of  conferring  upon  the  inhabitants  of  school 
districts  the  power  to  devote  their  own  resources  to  the  support  of  entirely 
free  schools  —  of  encouraging  the  consolidation  of  contiguous  districts,  and 
thereby  promoting  the  economy  and  efficiency  of  the  schools  —  of  permit- 
ting the  union  of  an  academical  with  the  primary  departments,  and  thereby 
facilitating  the  classification  of  pupils  and  preventing  those  who  are  able 
to  pay  for  their  education  in  the  more  advanced  studies  from  being  with- 
drawn from  the  public  schools  to  private  establishments  —  is  a  policy  so 
eminently  wise  and  beneficial,  that  the  Legislature  will  not  permit  it  to  fail 
for  want  of  the  few  amendments  necessary  to  render  the  interpretation  of 
the  statute  clear,  and  its  administration  easy  and  confident. 

Extract  from  second  annual  report  of  V.  M.  Rice,  Superintendent 
of  Public  Instruction,  December  31,  1855: 

The  cities  have  been  especially  favored  by  legislation.  Their  schools  are 
as  free  to  every  child  as  the  air  he  breathes.    It  is  their  mission  to  give  a 


49©  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

practical  education  alike  to  the  rich  and  the  poor;  and  they  are  fulfilling  it 
in  a  manner  creditable  to  their  particular  localities  and  to  the  State.  Thou- 
sands of  parents  have  been  induced  to  remove  from  the  rural  districts  for 
the  purpose  of  educating  their  children  in  these  schools.  With  one  or  two 
exceptions,  they  are  under  a  complete  and  a  thorough  supervision,  which 
points  out  the  most  approved  modes  of  school  architecture,  secures  competent 
teachers,  and  incorporates  into  their  plans  of  instruction  every  improvement 
of  the  day.  How  long  the  children  of  the  cities  shall  enjoy  privileges  so 
much  superior  to  those  in  other  parts  of  the  State  remains  for  the  Legis- 
lature to  determine.  I  have  visited  with  their  superintendents  some  of  the 
principal  schools  of  New  York  and  Brooklyn,  and  have  seen  great  multi- 
tudes of  children  and  youth  congregated  therein,  fitting  themselves  for 
independence  and  extensive  usefulness;  some  of  whom,  were  it  not  for  the 
liberal  provision  for  schools,  would  be  educated  in  the  streets.  Tax-payers 
have  long  since  learned  that  they  can  not  afford  to  encourage  the  education 
there  acquired.  Buffalo,  Oswego,  Rochester,  Syracuse,  Auburn,  Utica,  and 
other  cities,  are  attracting  the  wealth  and  intelligence  of  less  favored  por- 
tions of  the  State  in  consequence  of  their  excellent  schools.  I  have  received 
condensed  reports  of  the  character  and  operation  of  the  school  systems  in 
several  of  the  cities,  which  are  appended  to  this  report,  and  to  which  atten- 
tion is  invited. 

Mr  Emerson  W.  Keyes,  Deputy  Superintendent  of  'Public  Instruc- 
tion, in  his  report  dated  January  8,  1862,  discusses  the  question  of 
taxation  for  schools  under  the  heading 

City  Schools 

The  cities  of  onr  State  comprise  as  it  were,  a  system  within  themselves,  or 
rather  each  is  a  system  by  itself,  having  a  local  organization  through  which 
its  educational  affairs  are  administered.  The  schools  are  made  free  by 
means  of  local  taxation,  the  amount  received  from  the  State  ranging  from 
nineteen  to  eighty-five  per  cent  only,  of  the  sum  raised  by  themselves  for 
the  support  of  their  schools;  while  their  proportion  of  the  three-quarter 
mill  state  tax  for  school  purposes,  which  forms  a  part  of  the  general  school 
fund  distributed,  exceeds  the  amount  received  back  from  the  State  out  of 
that  distribution,  by  many  thousands  of  dollars. 

This  liberality  on  the  part  of  the  cities  of  the  State  whereby  they  main- 
tain ample  education  facilities  of  a  high  order,  for  all  the  children  within 
their  limits,  "  without  money  and  without  price,"  is  among  the  most  encour- 
aging and  hopeful,  as  it  is  praiseworthy  features  of  our  system. 

Superintendent  H.  H.  Van  Dyck,  the  successor  of  Superintendent 
Rice,  makes  the  following  comments  in  his  annual  reports  of  1858 
and   i860: 

Under  laws  so  diversified  in  their  provisions  as  those  which  control  the 
system  of  public  education  in  this  State,  it  is  by  no  means  surprising  that 
defects  in  their  practical  operation  should  from  time  to  time  become  mani- 
fest.    Whilst  it  is  comparatively  an  easy  matter  to  point  out  these  defici- 


EMERSON  W.  KEYES 
Third  Superintendent  of  Public  Instruction,   1861-62 


HENRY  H.  VAN  DYCK 
Second  Superintendent  of  Public  Instruction,  1857-61 


FREE   SCHOOLS  491 

encies,  the  task  of  suggesting  a  remedy  which  shall  prove  both  just  and 
practicable,  is  far  nwre  difficult  of  performance.  It  is  one  of  the  fortunate 
characteristics  of  our  population  that  they  can  so  readily  accommodate 
themselves  to  almost  any  state  of  circumstances  —  smoothing  off  the  asperi- 
ties of  a  system  in  one  respect,  and  correcting  its  sinuosities  in  another,  if 
they  can  only  be  assured  of  stability  in  the  provisions  of  law  to  which  they 
are  called  to  conform.  But  a  system  which  is  perpetually  changing,  which 
vascillates  from  year  to  year,  now  adopting  one  mode  of  administration 
and  then  another ;  which  provides  at  one  time  for  all  its  necessities  by  a 
general  tax  on  property,  and  at  another  throws  it  back  on  rate  bills  and  local 
assessments,  which  fills  a  volume  with  laws,  the  crudities  and  inconsisten- 
cies of  which,  in  many  instances,  no  judicial  officer  can  unravel,  can  not, 
while  in  this  transition  state,  accomplish  the  important  objects  designed  to 
be  attained  in  a  system  of  general  education.  I  am  not  disposed,  therefore, 
to  regard  with  favor  any  alterations  in  the  laws,  beyond  those  simple  amend- 
ments rendered  obviously  necessary  by  public  convenience,  and  which  will, 
without  doubt,  give  greater  efficiency  to  principles  already  well  established. 
In  this  spirit,  not  less  than  in  obedience  to  the  pecuniary  exigencies  of  the 
State  and  individuals,  I  refrain  from  urging  any  increase  in  the  rate  of 
taxation  over  that  now  provided,  with  a  view  of  rendering  the  schools 
entirely  free  to  those  who  attend  them,  a  consummation  deemed  by  many 
as  highly  desirable.  To  my  mind  it  seems  quite  as  important  that  means 
should  be  devised  to  render  the  money  now  contributed  more  diffusive  in 
its  benefits,  and  wider  in  its  scope  of  application.  If  the  State  steps  in,  and 
by  virtue  of  its  sovereignty  appropriates  the  property  of  the  citizen  to  the 
education  of  all  who  choose  to  avail  themselves  of  the  benefit  of  the  schools, 
the  tax-payer  has  a  right  to  demand  that  the  sum  thus  contributed  by  him 
shall  be  made  to  confer  the  greatest  amount  of  good  of  which  its  expendi- 
ture is  capable.  If  the  schools  were  full,  and  the  means  of  instruction,  as 
compared  with  those  seeking  to  avail  themselves  thereof,  deficient,  a 
necessity  would  exist  for  extended  accommodations  and  greater  expenditure. 
But  so  far  from  this  being  the  case,  outside  of  the  cities  and  villages,  the 
almost  universal  concession  is  that  the  schools  are  too  small  —  the  number 
in  attendance  being  so  limited  as  to  render  their  support,  beyond  the  time 
for  which  the  State  contribution  would  pay,  burthensome.  The  statistics 
presented  with  ihis  report,  when  duly  analyzed,  will  show  that  the  average 
number  of  pupils  to  each  teacher  during  the  time  in  which  the  schools  were 
taught,  will  not  execeed  twenty  five.  If,  as  is  believed,  double  that  number 
would  not  have  been  an  excessive  draft  upon  the  capabilities  of  the  teacher, 
it  follows  that  the  expenditure  made  was  amply  sufficient  in  amount  to  have 
educated  all  the  children  in  the  State,  had  they  been  in  attendance  on  the 
schools.  It  further  appears  that  the  contribution  of  more  money  than  is 
now  expended,  is  not  the  only  thing  necessary  to  universal  education. 
Indeed,  the  great  obstacle  to  be  contended  against  in  reaching  this  desidera- 
tum is,  not  so  much  the  want  of  facilities  for  imparting  instruction,  as  the 
want  of  disposition  on  the  part  of  a  considerable  portion  of  our  population 
to  avail  themselves  of  those  already  furnished.  The  remedy  for  this  evil 
of  nonattendance,  is  not  so  apparent.  The  liberty  of  the  citizen  in  control- 
ling the  time  and  occupation  of  his  children,  is  not  to  be  impinged  for 
slight   causes,    or   without   great   caution.      Compulsory   legislation    in    this 


492  THE   UNIVERSITY    OF   THE   STATE   OF    NEW   YORK 

respect,  could  scarcely  be  enforced.  But  it  is  a  question  worthy  of  the  con- 
sideration of  the  Legislature,  whether  the  same  end  might  not  to  a  consid- 
erable extent  be  attained  by  the  application  of  a  discrimination  in  the  dis- 
tribution of  the  State  funds,  founded  on  the  proportional  number  in  actual 
attendance?  Such  a  provision  would  give  to  each  tax-payer  a  direct  pecu- 
niary interest  in  securing  the  largest  possible  attendance  on  the  schools,  both 
as  a  means  of  securing  a  larger  share  of  the  State  bounty,  and  as  a  defence 
against  local  taxation.  If  this,  or  some  other  mode  should  be  found  opera- 
tive in  diminishing  this  great  evil,  it  would,  in  the  estimation  of  the  under- 
signed, form  the  most  palpable  improvement  of  which  the  system  is  at  pres- 
ent susceptible.    .    .    . 

In  accordance  with  the  requirement  of  the  statute,  I  have  endeavored  to 
present  to  the  Legislature,  as  succinctly  as  the  nature  of  the  subjects  would 
admit,  the  statistics  gathered  by  this  Department,  "  with  such  recommenda- 
tions and  suggestions  are  are  deemed  suitable."  Though  the  common 
schools  of  the  State  are  as  yet  far  from  exhibiting  that  perfection  in  char- 
acter and  extent  of  usefulness  which  is  desirable,  it  is  cause  for  congratula- 
tion that  their  progressive  improvement  is  becoming  each  year  more  mani- 
fest. If  the  undersigned  abstains  from  a  lengthened  disquisition  upon  the 
importance  of  general  education,  it  is  not  attributable  to  an  undervaluation 
of  the  benefits  which  knowledge  in  its  most  extended  form  is  calculated  to 
confer;  but  from  a  conviction  that  the  representatives  of  the  people  must, 
from  the  distinguished  post  they  occupy,  be  presupposed  to  hold  in  due 
estimation  the  advantages  to  be  derived  from  a  practical  diffusion  of  educa- 
tion amongst  the  people.  It  is  deemed  enough,  therefore,  in  conclusion,  to 
offer  the  assurance  of  hearty  co-operation  in  any  measure  which  the  Legis- 
lature may  devise,  to  give  greater  scope,  efficiency  and  perfection  to  the 
system  of  common  school  education,  at  once  the  highest  glory  and  surest 
defence  of  the  State. 

Excerpts  from  report  of  H.  H.  Van  Dyck,  Superintendent  of 
Public  Instruction,  January  31,  i860: 

Popular  education  being  in  a  great  measure  the  offspring  of  the  present 
century,  has  not  yielded  its  full  fruits  —  but  here,  as  elsewhere,  "  as  we 
sow,  so  also  shall  we  reap."  The  greatest  amount  of  practicable  education 
should  be  our  aim  —  and  in  this  term  is  included  much  more  than  instruc- 
tion in  those  primary  branches  which  constituted  the  meagre  fare  imparted 
by  the  schools  of  other  days,  and  still  emulated  in  various  localities.  These 
form  the  tools  by  which  education  is  achieved ;  and  hold  to  it  merely  the  rela- 
tion which  the  chisel  bears  to  the  sculptor,  or  the  brush  to  the  painter.  The 
material  wealth  of  our  citizens  has  increased  beyond  the  conception  of  the 
most  sanguine  calculator  in  former  days;  and  no  limit  to  acquisition  is  yet 
discernable  in  the  future.  But  there  is  reason  to  apprehend  that  general 
education  in  not  advancing  in  the  same  ratio ;  in  part  from  mistaken  notions 
of  economy,  and  partly  from  a  self-satisfying  view  of  the  progress  already 
attained.  Surely  whilst  monarchial  governments  are  seriously  occupied  in 
advancing  the  educational  interests  of  their  subjects,  the  citizens  of  a  coun- 
try whose  institutions  rest  upon  popular  intelligence,  can  ill  afford  to  neg- 
lect any  practicable  improvement  in  that  which  involves  the  perpetuity  of  the 


FREE   SCHOOLS  493 

government  under  which  they  live.  The  problem  is  still  to  be  solved, 
whether  the  American  of  the  succeeding  generation  shall  hold  the  same  pre- 
eminence in  general  intelligence  which  he  has  hitherto  enjoyed;  or  whether 
he  shall  be  excelled  in  this  respect  by  the  natives  of  other  climes,  whom 
inclination  or  ill  fortune  may  throw  upon  our  shores.  If  we  would  main- 
tain our  national  supremacy  —  if  we  would  melt  the  mixed  races  with  which 
our  country  is  thronged  into  one  homogeneous  population,  we  must  extend 
to  all  the  benefits  of  thorough  common  school  education  —  we  must  indoc- 
trinate our  youth  with  the  advantages  of  superior  knowledge,  and  endow 
them  with  all  the  educational  facilties  requisite  to  a  life  of  honor,  useful- 
ness and  virtue.  You  will,  I  doubt  not,  join  in  the  aspiration  that  our  edu- 
cational system  may  eventuate  in  placing  upon  the  stage  of  action  a  genera- 
tion of  intelligent  citizens,  who  shall  render  our  free  institutions  a  blessing 
at  home,  as  well  as  a  beacon  of  hope  to  denizens  of  less  favored  lands. 

Extract  from  seventh  annual  report  of  H,  H.  Van  Dyck,  Super- 
intendent of  Public  Instruction,  January  31,  1861 : 

The  law  under  which  union  free  school  districts  are  formed  needs  revi- 
sion. Its  provisions  are  in  many  respects  ambiguous,  in  some  contradictory, 
in  others  odiously  unequal.  It  purports  to  allow  the  inhabitants  of  any 
district,  by  a  vote  of  two-thirds  present,  at  a  meeting  called  for  the  pur- 
pose, to  decide  whether  an  union  free  school  shall  be  established  therein ; 
and  after  having  decided  by  this  preponderating  vote  to  establish  such  free 
school,  it  requires,  in  every  district  whose  limits  do  not  correspond  with 
those  of  any  city  or  incorporated  village,  a  vote  of  two-thirds  at  every 
annual  meeting  to  raise  the  sum  required  for  teachers'  wages,  and  the  other 
necessary  expenses  incidental  to  the  school.  In  any  incorporated  village 
or  city,  however,  the  corporate  authorities  are  imperatively  required  to 
raise  "  such  sum  or  sums  as  the  board  of  education  established  therein  shall 
declare  necessary,"  without  any  vote  of  the  inhabitants  thereon;  and  the 
authorities  are  especially  prohibited  from  refusing  "  any  supplies  for  the 
annual  support  of  the  teachers  of  said  union  free  schools,  and  the  necessary 
contingent  expenses  of  the  said  schools."  I  am  at  a  loss  for  any  sound 
reason  why  this  disparity  should  exist  where  the  object  to  be  accomplished 
is  in  each  case  precisely  the  same.  There  are  other  incongruities  to  the  act, 
not  amongst  the  least  of  which  is  that  which  admits  of  the  imposition  of  a 
rate  bill  upon  the  pupils.  A  free  school  supported  by  rate  bills,  is  such  an 
anomaly  as  could  be  found  sanctioned  nowhere  else  save  in  the  "  Code  of 
Public  Instruction  "  in  the  State  of  New  York. 

Victor  M.  Rice  w^as  reappointed  as  Superintendent  of  Public 
Instruction  in  1862  and  served  to  see  the  "  odious  rate  bill  no  longer 
preventing  children  from  going  to  school."  The  following  are 
extracts  from  his  reports  to  the  Legislature  in  1864,  1865,  1866  and 
1867: 

Extracts  from  report  of  January  i,  1864: 

In  whatever  lig^t  presented,  the  fact  of  this  excessive  prevalence  of  non- 
attendance  and  of  irregular  attendance  at  school,  should  command  the  seri- 


494  THE  UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

ous  attention  of  the  Legislature;  and  any  provision  of  law  which,  without 
infringing  upon  the  free  action  of  parents,  as  the  natural  and  legal  guar- 
dians of  their  children,  will  induce  greater  regularity  of  attendance  while 
the  schools  are  in  session,  must  meet  with  general  approval.  The  under- 
signed stated,  in  a  report  transmitted  to  the  Legislature  in  1857,  that  "  in 
the  rural  districts  greater  regularity  of  attendance  might  be  secured  by  dis- 
trubuting  to  the  districts  a  part  of  the  public  money  upon  the  basis  of 
attendance;  that  a  distribution  upon  such  a  basis  would  make  it  the  pecu- 
niary interest  of  every  tax-payer  in  the  district  to  encourage  a  regular  and 
general  attendance,  and  that  parents  would  be  less  willing  to  permit  their 
children  to  absent  themselves  from  school  for  trifling  causes."  Subsequent 
reports  from  this  department  have  substantially  repeated  the  same  sugges- 
tion; and  it  is  hoped  that  your  honorable  body  will  provide  by  law  for  the 
apportionment,  by  the  Commissioners,  of  a  part  of  the  public  moneys 
(apportioned  to  the  counties  on  the  basis  of  population),  to  the  several 
school  districts  in  their  respective  counties,  according  to  the  actual  aver- 
age daily  attendance,  which  shall  be  determined  from  a  record  to  be  kept 
by  the  teacher,  and  verified  by  him  under  oath. 

This  mode  of  apportionment  has  been  adopted  in  sister  States  with  happy 
results,  and  no  reason  is  apparent  why  it  would  not  operate  equally  well 
in  this. 

By  the  Law  of  1851,  which  happily  settled  the  controversy  in  this  State 
as  to  the  taxation  of  property  for  the  support  of  schools,  the  tax  for  the 
purpose  was  made  a  fixed  sum  of  eight  hundred  thousand  dollars.  While 
the  number  of  children  and  the  aggregate  cost  of  their  education  was  increas- 
mg,  the  state  tax  had  remained  the  same.  The  increased  cost  was  presented 
to  the  rural  districts  in  the  form  of  higher  rate  bills,  and  heavier  local 
or  district  taxation.  It  will  be  understood  that  every  fifth  year  a  census 
of  the  population  of  this  State  is  taken,  and  that  the  Superintendent  of 
Public  Instruction  makes  an  apportionment  of  two-thirds  of  all  moneys 
appropriated  for  the  support  of  schools  to  the  counties  in  which  there  is  no 
city;  and  when  a  county  is  composed  of  city  and  country,  to  each  separately, 
according  to  population,  as  reported  in  "  the  next  preceding  state  or  United 
States  census."  From  1850  to  1855  the  aggregate  population  of  the  State 
had  increased  rapidly,  but  the  increase  was  confined  chiefly  to  the  large 
cities,  while  the  population  of  a  large  majority  of  the  country  towns  had 
either  remained  stationary  or  had  decreased.  The  effect  of  this,  with  a 
stationary  tax,  was  to  decrease  correspondingly  the  apportionment  made  to 
the  counties  composed  of  these  towns,  and  increase  largely  that  made  on 
the  basis  of  the  growing  population  of  the  cities.  Concurring  in  the  opinion 
that  a  state  tax  of  eight  hundred  thousand  dollars  was  proper  to  aid  the 
rural  districts,  by  so  much  as  it  diminished  district  taxation  and  decreased 
the  sums  collected  by  rate  bills,  the  Legislature  of  1856  deemed  it  proper 
to  increase  the  aggregate  of  that  tax  to  supply  a  growing  want.  It  was 
better  to  establish  a  rate  by  which  the  tax  would  keep  pace  with  the  wealth 
and  the  increase  of  children  and  youth  to  be  educated;  hence  the  law  of 
1856,  fixing  the  State  tax  for  the  support  of  schools  at  three-fourths  of  a 
mill  upon  every  dollar  of  the  property  valuation.  Every  man  assessed  for 
one  hundred  dollars  pays  annually  of  this  tax  seven  and  a  half  cents ;  for  one 
thousand  dollars,  seventy-five  cents  —  certainly  not  an  oppressive  tax,  to  the 


FREE   SCHOOLS  495 

payment  of  which  any  man  of  patriotic  feelings  and  generous  sjrmpathies 
will  object,  in  view  of  the  fact  that  it  is  to  be  expended  to  educate  his  own 
children,  and  other  children  with  whom  his  own  must  be  associated  poli- 
tically if  not  socially,  and  to  secure  to  them  all  alike  the  blessings  of  an 
enlightened  and  civilized  community. 

The  argument  for  a  state  tax  is  grounded  upon  the  fraternal  relation  and 
obligations  established  by  the  Creator  among  men  and  promulgated  in  that 
epitome  of  all  wise  conduct,  the  "  Golden  Rule :  "  "  Whatsoever  ye  would 
that  others  should  do  unto  you,  do  ye  even  so  unto  them."  To  feed  the 
hungry,  to  clothe  the  naked,  and  to  alleviate  human  suffering  generally,  is  an 
acknowledged  duty ;  and  whoever  possesses  the  power,  and  neglects  or 
refuses  to  do  it,  disobeys  the  divine  injunction,  and  thus  does  violence  to  his 
own  enlightened  conscience.  And  if  any  man  apprehends  that  his  brother 
will  be  in  distress  tomorrow  or  next  year,  or  years  hence,  and  has  the  power 
to  make  provision  against  such  distress,  by  aiding  him  in  becoming  more 
enlightened  and  better,  or  in  any  other  way,  and  neglects  or  refuses  to  do 
so,  he  just  as  clearly  sets  at  naught  that  abiding  rule,  and  the  generous 
promptings  of  his  better  nature,  as  if  he  were  to  deny  to  a  thirsty  person 
a  cup  of  water,  or  a  morsel  of  bread  to  the  hungry.  In  the  one  case,  it  is 
true,  the  suffering  is  present,  and  in  the  other,  prospective;  but  both  are 
within  the  compass  of  his  understanding,  and  it  is  therefore  equally  his 
duty  to  alleviate  the  one,  and  provide  against  the  occurrence  of  the  other. 
Surely  the  rule  of  action  which  is  binding  upon  one  man  in  the  case  stated, 
is  equally  applicable  to  ten,  an  hundred  or  a  thousand  men,  and  to  the 
whole  people  as  an  organized  State.  Every  intelligent  man  knows  that 
ignorance  is  the  mother  of  disobedience,  whence  follow  the  frailties  and 
miseries  of  mankind;  that  proper  culture  begets  understanding,  whence  fol- 
low the  greatest  development  of  the  natural  powers  and  the  highest  enjoy- 
ments It  is,  therefore,  the  duty  of  every  man,  and  no  less  the  duty  of  the 
whole  people,  to  use  every  available  means  to  save  the  rising  generation 
from  ignorance  and  its  attendant  calamities,  by  making  ample  provision 
for  their  highest  development  and  consequent  extensive  usefulness. 

A  Christian  state  can  not  innocently  disregard  its  obligations  to  protect 
the  weak,  to  instruct  the  young,  and  to  help  the  poor  and  dependent;  nor 
can  it  innocently  neglect  to  provide  for  its  own  safety,  by  providing  for  the 
safety  and  happiness  of  those  composing  it.  The  Legislature  which  provides 
for  the  definition,  detection  and  punishment  of  crimes,  has  done  but  half  its 
duty:  it  is  bound  also  to  make  provision  against  the  commission  of  crime; 
and  for  this  object,  experience  proves  that  the  school  and  the  school  master 
are  more  effective  agencies  than  the  detective  police  and  the  terrors  of  the 
law.  Whilst  it  is  not  pretended  that  the  best  culture  acquired  in  the  schools 
is  the  sole  means  for  the  prevention  of  crime,  yet  it  is  abundantly  proved 
by  criminal  statistics  thatthe  majority  of  those  who  suffer  the  penalty  of 
violated  law  are  ignorant,  have  not  had  the  advantage  of  systematized 
instruction,  have  never  been  subjected  to  the  smoothing  and  softening  influ- 
ence of  obedience  and  discipline,  and  have  never  had  their  time  or  conduct 
regulated  by  wise  authority;  but  on  the  contrary,  have  grown  up  unlettered 
and  in  the  unrestrained  indulgence  of  their  appetites  and  baser  passions. 
It  is  also  as  clearly  proved  that  crime,  vice,  and  disloyalty  are  most  preva- 
lent in  those  countries,  and  those  parts  of  a  cotmtry,  where  there  is  the 


496  THE   UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

least  general  education;  whilst  in  those  communities  which  have  more 
nearly  complied  with  their  obligations  to  make  provision  for  the  instruc- 
tion of  the  young  in  useful  knowledge,  there  has  always  been,  as  there 
doubtless  will  ever  be,  the  greatest  regard  for  law  and  order,  the  most 
rational  liberty,  and,  as  a  sequence,  the  greatest  individual  and  national 
prosperity  and  happiness.  No  State,  which  had  provided  common  schools 
and  higher  institutions  of  learning  for  the  education  of  her  people,  could 
have  made  war  upon  our  government,  or  attempted  to  tear  down  the  good 
old  flag,  the  emblem  of  liberty  and  union.  No :  intelligence  foresees  the 
danger,  and  shuns  it;  while  ignorance  leads  her  followers  blindfold  into 
the  very  abyss  of  ruin. 

The  general  state  tax  produces  a  result  which  is  sometimes  overlooked. 
It  compels  those  to  perform  their  duty  who  would  not,  except  upon  legal 
compulsion.  If  the  education  of  children  were  left  entirely  to  the  voluntary 
action  of  individuals,  would  not  a  great  many,  who  now  pay  their  just  pro- 
portion for  the  support  of  schools,  refuse  or  neglect  to  pay  anything  at  all? 
Would  not  the  whole  burden  then,  if  borne  at  all,  fall  upon  the  generous, 
the  patriotic,  the  men  of  noble  hearts?  Surely  such  would  be  the  result, 
if  the  principle  were  abandoned  that  "  the  property  of  the  State  should  edu- 
cate the  children  of  the  State."  But  experience  has  taught  that  the  liberal 
and  willing  contributors  to  even  so  great  a  good  are  not  equal  to  the  task 
which  would  be  thus  imposed  upon  them,  and  that  tens  of  thousands  would 
soon  lack  an  opportunity  of  acquiring  even  the  first  rudiments  of  an  edu- 
cation essential  to  the  safe  exercise  of  the  right  of  franchise. 

This  state  tax,  thanks  to  an  enlightened  public  sentiment,  lays  hold  of  the 
property  of  the  selfish  and  unwilling  supporters  of  the  public  welfare,  in 
whatever  small  corner  they  may  have  hoarded  it:  it  extracts  therefrom 
their  equal  share  in  the  expense  of  educating  all  the  children  of  the  State. 

The  law  imposing  this  tax  has  also  the  distinguishing  merit  of  recogniz- 
ing and  inculcating  a  common  brotherhood;  that  it  is  the  bounden  duty  of 
the  people  of  any  part  of  the  State  to  have  the  same  solicitude  for  the  wel- 
fare of  those  in  every  other  part  thereof,  however  remote,  as  they  have 
for  themselves;  and  its  instructions  are  given  with  the  majesty  of  an  irre- 
sistible authority.  It  teaches  the  unity  of  the  State,  and  a  mutual  depend- 
ence and  obligation,  in  proportion  to  ability,  to  provide  for  the  common 
weal;  that  the  richer  localities,  where  capital  has  concentrated  on  account 
of  natural  or  artificial  advantages,  shall  contribute  of  their  abundance  to 
the  poorer,  to  those  counties  less  favored  by  location  and  special  legislation 
for  school  and  other  purposes.  No  county,  not  even  New  York,  which 
pays  a  large  sum  annually  to  such  counties  as  Otsego,  Delaware,  Schoharie, 
Franklin,  Clinton  and  St  Lawrence,  has  a  right  to  complain.  For  the  rule 
that  would  set  off  New  York  by  itself,  and  free  it  from  this  tax,  would 
also  free  every  ward  in  that  city  from  the  city  tax  for  the  same  purpose, 
and  an  individual  in  any  ward  could  claim  with  equal  propriety  exemption 
from  taxation  for  the  support  of  schools  therein;  and  following  the  same 
Wind  guide,  he  might  claim  exemption  from  every  other  tax  imposed  on 
account  of  the  necessities  and  duties  of  an  organized  community.  He  could 
say  to  his  neighbors  and  to  the  inhabitants  of  his  ward,  city  and  State, 
"I  will  take  care  of  myself,  and  you  may  take  care  of  yourselves;"  and 
this  rule  having  obtained,  all  organized  action,  regulated  by  law,  would  be 


FREE   SCHOOLS  497 

at  an  end.  I  repeat,  no  part  of  the  State  has  a  right  to  complain  of  this 
tax.  It  is  levied  because  it  is  the  duty  of  the  State  to  provide  for  the  edu- 
cation of  her  children;  and  duty  and  right  being  correlative  terms,  her 
children  have  a  right  to  demand  that  the  doors  of  the  schoolhouses  shall  be 
opened  for  their  reception,  and  that  competent  teachers  be  employed  to 
instruct  them.  The  fact  of  their  inability  to  enforce  the  observance  of  their 
rights  in  this  respect,  in  the  halls  of  legislation,  has  not  heretofore  failed, 
and,  it  is  confidently  believed,  will  never  fail  to  bring  to  their  aid  the 
conscientious,  patriotic  and  intelligent  representatives  of  the  people. 

The  amount  appropriated  by  the  State  for  the  support  of  schools  for  last 
year,  including  the  proceeds  of  this  tax  and  the  revenue  derived  from  the 
common  school  and  U.  S.  deposit  funds,  was  less  than  one  dollar  and  forty- 
three  cents  per  pupil  in  attendance  upon  the  schools  —  a  sum  hardly  within 
the  bounds  of  liberality  —  and  yet  sufficiently  large  to  aid  materially  the 
rural  districts  of  the  State.  How  general  is  the  conviction  that  the  com- 
mon schools,  in  which  more  than  ninety  per  cent,  of  our  people  obtain  all 
their  instruction,  must  be  supported  under  the  most  depressing  circum- 
stances, is  evinced  by  the  liberal  support  extended  to  them  during  the  past 
year,  by  the  people  themselves  in  their  district  school  meetings,  and  through 
their  local  authorities.  It  will  be  observed  that,  during  that  time,  there 
were  raised  by  local  taxation  and  by  rate  bill,  in  the  rural  districts,  $866,- 
922.33;  and  in  the  cities,  $2,068,057.74,  for  their  support.  In  no  other  way 
could  the  will  of  the  people  in  regard  to  the  schools  have  been  more  forci- 
bly or  fully  manifested;  and  it  is  believed  that  the  abandonment  of  a  policy 
in  furtherance  of  their  will  thus  expressed  —  a  policy  to  which  they  have 
been  so  long  accustomed,  and  which  has  for  its  object  the  prosperity  and 
independence  of  their  children  —  could  not  meet  with  their  approval,  but 
would  lead  to  a  renewal  of  the  controversy  which  was  happily  settled  in 
1851,  in  which  settlement  all  parties  have  since  acquiesced.  I  repeat  the  con- 
clusion of  what  I  said  upon  this  subject  in  my  last  report,  that  the  concep- 
tion of  the  possibility,  not  probability,  of  an  attempt  to  reduce  the  aggre- 
gate appropriation  for  the  support  of  schools,  by  discontinuing  that  portion 
derived  from  the  three-fourth  mill  tax,  thus  inflicting  a  lasting  and  irremedi- 
able injury  upon  the  generation  under  tutelage,  will  account  for  my  calling 
your  attention  to  this  subject. 

In  his  report  of  January  ii,  1864,  Superintendent  Rice  speaks 
of  free  city  schools  as  follows: 

City  Schools 

The  cities  in  this  State  have  been  especially  favored  by  legislation.  Their 
schools  are  as  free  to  every  child  of  proper  age,  as  the  air  he  breathes  or 
the  water  he  drinks.  In  them,  the  boy  born  in  poverty  and  obscurity  has 
an  opportunity  of  competing  on  equal  terms  with  the  lad  born  and  pam- 
pered in  the  palace  and  trained  to  indulgence.  In  the  mind  of  the  former, 
equality  of  privilege  inspires  hope,  cheerfulness  and  courageous  effort; 
whilst  the  latter,  often  for  the  first  time,  learns  that  wealth  and  affluence,  in 

32 


498  THE   UNIVERSITY    OF   THE   STATE   OF    NEW    YORK 

a  democratic  countrj-,  do  not  give  legs  to  the  laggard,  by  which  he  can  hope 
to  compete  successfully  in  the  race  of  life. 

Thousands  of  parents  have  been  induced  to  remove  from  the  rural  dis- 
tricts for  the  purpose  of  educating  their  sons  and  daughters  in  these  excel- 
lent schools ;  and  although  the  people  annually  tax  themselves  generously 
for  their  support  and  improvement,  the  fact  is  not  to  be  denied  that  their 
real  property  is  thereby  largely  enhanced  in  value.  Were  it  not  for  this 
wise  action  on  the  part  of  the  people  of  our  cities,  a  numberless  host  that 
may  now  be  daily  seen  wending  their  way  to  the  schools,  would  be  educated 
exclusively  in  the  streets ;  and  tax  payers  have  long  since  learned  that  they 
cannot  afford  to  encourage,  by  neglect  of  duty  on  their  part,  the  instruction 
there  acquired.  With  perhaps  one  exception,  the  schools  in  each  of  our 
large  cities  are  under  a  complete  and  thorough  supervision,  which  secures 
competent  teachers,  and  incorporates  into  their  plans  of  instruction  every 
improvement  of  the  day. 

Extracts  from  report  of  January  i,  1865: 

This  subject  [irregular  attendance]  was  more  fully  discussed  in  my  report 
to  the  Legislature  of  last  year.  That  Legislature,  in  view  of  its  importance, 
provided,  by  law,  that,  after  the  apportionment  of  the  present  school  year, 
a  part  of  the  school  moneys  should  be  apportioned  to  the  districts  upon  the 
basis  of  average  daily  attendance,  thus  making  it  the  pecuniary  interest  of 
every  tax-payer,  to  induce  regular  attendance  of  his  own  and  his  neigh- 
bors' children.  T  am  gratified  in  being  able  to  report  that  that  simple  pro- 
vision of  law,  which  went  into  practical  operation  on  the  first  day  of  Octo- 
ber last,  has  largely  increased  the  number  of  pupils  and  the  regularity  of 
their  attendance.     .     .     . 

The  influence  of  the  provision  directing  a  portion  of  the  public  money 
to  .be  apportioned  to  the  districts  outside  of  the  cities,  on  the  basis  of  aver- 
age daily  attendance,  is,  as  yet,  so  far  prospective  as  not  to  be  susceptible  of 
representation  in  the  form  of  statistics;  but  as  the  attendance  for  the  year 
commencing  on  the  ist  of  October  last,  is  to  be  made  a  basis  in  the  appor- 
tionment of  next  year,  it  is  gratifying  to  learn,  from  all  the  sources  of 
information  at  command,  that  a  greatly  increased  interest  is  manifested 
in  securing  the  largest  possible  attendance,  and  that  the  object  aimed  at  by 
the  Legislature  is  likely  to  be  accomplished.  To  carry  into  full  effect  the 
provision  just  referred  to,  I  prepared  suitable  registers  for  recording  the 
attendance  of  pupils  in  the  districts,  for  the  current  school  year,  and 
caused  them  to  be  distributed.  The  want  of  a  school  register,  in  the  schools, 
had  often  been  presented  to  the  Legislature,  in  the  reports  from  this  Depart- 
ment, but  no  authority  to  supply  it  was  granted.  The  opinion  is  still  enter- 
tained that  provision  should  be  made  for  supplying  each  district  with  a 
register  substantially  bound  and  properly  ruled,  and  of  sufficient  size  to 
include  the  registration  of  the  attendance  at  school,  for  several  years. 

The  union  free  school  law,  as  amended  and  embodied  in  that  act,  also 
meets  with  general  favor.  Many  districts  which  were  prevented  from 
organizing  on  the  free  system,  on  account  of  the  ambiguities  and  restric- 
tions of  the  original  law,  are  now  availing  themselves  of  the  more  clear 


FREE   SCHOOLS  499 

and  liberal  provisions  of  the  new  act;  and  I  may  add  the  confident  hope 
that  within  a  few  years  all  the  districts  will  have  dispensed  with  that  relic 
of  a  by-gone  age  —  the  rate  bill.    .    .    . 

It  is  impossible  to  read  these  reports  (made  by  school  commissioners) 
without  being  impressed  with  the  conviction  that  the  rate-bill  is  a  serious 
impediment  in  the  way  of  attendance  upon  the  schools;  that  whatever  other 
means  must  be  employed  to  secure  the  education  of  all  the  youth  of  the 
State,  the  free  school,  at  least,  is  absolutely  essential  to  the  accomplishment 
of  that  all-important  end. 

Extract  from  report  of  February  i,  1866: 

Finally,  the  proposition  that  "  the  property  of  the  State  should  educate  the 
children  of  the  State,"  should  be  carried  out,  by  making  the  schools  at  once 
and  forever  FREE.  From  the  inception  of  our  school  system,  the  support 
of  schools  by  taxation  of  property  has  been  sanctioned  by  successive  legis- 
lative enactments.  Since  that  early  period,  by  authority  of  statute  law,  the 
property  of  school  districts  has  been  taxed  for  the  purchase  of  sites,  for 
erecting  and  furnishing  schoolhouses,  and  for  the  payment  of  exemptions 
from  and  deficiencies  in  rate  bills.  The  constitution  of  1822  dedicated  to 
the  common  school  fund  all  the  proceeds  of  the  lands  belonging  to  the 
State,  and  the  income  therefrom  to  the  support  of  the  schools.  The  con- 
stitution of  1846  confirms  that  dedication  by  declaring  that  the  capital  of 
that  fund  shall  be  preserved  inviolate,  and  its  revenues  applied  to  the  sup- 
port of  common  schools ;  and  the  provision  is  included,  that  $25,000  from 
the  revenue  of  the  United  States  deposit  fund  shall  be  annually  added  to  the 
common  school  fund.  The  Legislature  of  1851,  after  the  people  had 
declared  by  an  overwhelming  vote  in  favor  of  taxation  for  the  entire  sup- 
port of  the  schools,  or,  in  other  words,  that  the  property  of  the  State 
should  educate  the  children  of  the  State,  authorized  a  state  tax  of  $800,000 
for  this  purpose;  and  the  Legislature  of  1856  increased  that  amount  by  mak- 
ing the  tax  three-fourths  of  a  mill.  Numerous  special  acts,  based  on  the 
same  just  and  wise  policy,  have  been  passed  from  time  to  time,  by  means 
of  which  the  schools  of  our  cities  and  of  many  of  our  villages  are  supported 
wholly  by  taxation  upon  property.  Under  authority  of  law,  the  people  of 
other  villages  and  thickly  populated  districts,  have  organized  union  free 
schools ;  thus  by  voluntary  action  sanctioning  this  policy,  and  acknowledg- 
ing its  justice. 

If  the  hundreds  of  thousands  intellectually  starved  by  the  operation  of 
the  odious  rate  bill  should  rise  up  in  contrast  with  those  generously  nour- 
ished by  the  free  system,  the  revolution  in  favor  of  the  latter  would  become 
an  "irrepressible  conflict,"  which  would  result  in  the  total  overthrow  of 
that  slavish  love  of  gain,  which  denies  the  common  brotherhood  of  man, 
and  ignores  the  divine  command,  "  Love  thy  neighbor  as  thyself."  I  can 
conceive  no  higher  legislative  obligation  than  that  of  making  provisions  by 
which  the  portals  to  the  school  shall  be  thrown  more  widely  open  and 
attendance  thus  encouraged. 

I  may  be  allowed,  in  this  connection,  to  manifest  a  special  anxiety  for  the 
children  of  those  soldiers  and  sailors  who  have  died  or  been  disabled  while 


50O  THE   UNIVERSITY    OF  THE   STATE   OF   NEW   YORK 

serving  in  the  army  or  navy  of  the  United  States,  by  recommending  that 
provision  be  made  by  which  the  public  schools  shall  be  required,  and  all 
other  instilutions  of  learning  that  participate  in  the  distribution  of  any  of 
the  public  moneys  be  induced,  to  give  them  instruction  free  of  tuition.  It  is 
believed  that  this  boon  should  be  generously  and  freely  extended  and  made 
an  inheritance,  a  right,  recognized  and  secured  by  the  majesty  of  law.  A 
manifestation  of  an  earnest  gratitude  for  the  services  and  sacrifices  of 
their  fathers  would  be  worthy  of  a  grateful  people.  How  so  touchingly 
manifest  that  gratitude,  as  by  such  a  provision  for  their  children!  If  in 
other  times  the  life  of  this  nation  shall  be  again  imperiled,  where  so  hope- 
fully look  for  the  loyal  and  brave,  as  to  these  foster-children  whose  incen- 
tive shall  be,  not  only  to  imitate  the  manly  and  patriotic  deeds  of  their 
fathers,  but  to  shield  the  Protectress,  who,  in  their  early  years,  folded  them 
in  her  arms  with  a  loving  kindness  second  only  to  that  of  Him  who  gave 
to  us  the  victory! 

Extract  from  annual  report  of  February  i,  1867: 

The  number  of  districts  in  which  the  trustees  did,  to  any  extent,  exempt 
indigent  persons  from  payment  of  rate  bills,  is  2327,  while  in  7764  districts 
no  exemption  whatever  was  made.  Thus  it  appears,  that  in  over  80  dis- 
tricts in  every  100,  upon  the  confession  of  the  trustees  themselves,  the  law 
authorizing  these  officers  to  exempt  the  poor  from  this  burden  has  proved 
of  no  effect.  Section  39  of  title  7  of  the  general  school  law  of  the  State 
commences  thus :  "  The  common  schools  in  the  several  school  districts  of 
this  State  shall  be  free  to  all  persons  over  five  and  under  21  years  of  age, 
residing  in  the  district."  But,  in  fact,  they  are  free  only  in  the  same  sense 
that  good  dinners  at  our  best  hotels  are  free  dinners.  They  are  free  to  all 
those  who  will  pay  a  good  price  for  them.     .     .     . 

The  greatest  defect  in  our  school  system  is,  as  I  have  urged  in  previous 
reports,  the  continuance  of  the  rate  bill  system.  Our  common  schools  can 
never  reach  their  highest  degree  of  usefulness  until  they  shall  have  been 
made  entirely  free.  Although  our  common  schools  have  made  rapid  prog- 
ress in  efficiency  and  usefulness  during  the  past  decade,  I  venture  to  proph- 
esy that,  if  the  Legislature  shall  comply  with  the  public  demand,  and  throw 
open  the  doors  of  the  public  school  houses,  so  that  all  the  children  of  the 
State  may  receive  the  benefits  of  education  "without  money  and  without 
price,"  their  progress  in  the  coming  decade  will  be  even  greater  than  it  has 
been  in  the  past. 

To  meet  this  public  demand,  to  confer  upon  the  children  of  the  State  the 
blessings  of  free  education,  a  bill  has  already  been  introduced  into  your 
honorable  body  entitled  "An  act  to  amend  an  act  entitled  an  act  to  revise 
and  consolidate  the  acts  relating  to  public  instruction,"  which  meets  with 
my  fullest  approbation.  Every  amendment  to  the  school  law,  proposed  by 
that  bill,  ought,  in  my  judgment,  to  become  a  part  of  the  law.  The  main 
features  of  the  bill  are  the  provisions  to  raise,  by  State  tax,  a  sum  about 
equal  to  that  raised  in  the  districts  by  rate  bills,  and  to  abolish  the  rate 
bill  system;  to  facilitate  the  erection  and  repair  of  schoolhouses,  whose 
character  I  have  hereinbefore  reported,  by  giving  to  the  school  commis- 
sioners and  supervisors  additional  discretionary  power  in  regard  to  them. 


FREE  SCHOOLS  5OI 

Number  of  Free  Schools  given  in  Superintendent's  Reports,  1867 

YEAR  CITIES        RURAL  TOTAL 

1858  494  44  538 

1859  457  205  662 

i860   620  207  827 

1861  695  2i6  911 

1862 286  286  572 

1863 Z72  437  809 

1864  385  386  771 

1865  28s  378  663 

1866  474  260  734 

1867  462  299  761 

1868  436  335  771 

Henry  S.  Randall,  Superintendent  of  Common  Schools,  in  his 
report  of  January  4,  1853,  says: 

Our  school  system,  so  far  as  the  means  of  its  pecuniary  support  are  con- 
cerned, represents  but  a  series  of  adjustments  between  conflicting  interests, 
and  does  not  carry  out  strictly  the  theory  on  which  the  claims  of  any  of 
these  interests  are  sought  to  be  established.  The  principle  that  education  is 
a  concern  of  government,  that  the  government  may  of  right,  and  is  bound 
in  duty  to  support  it,  and  that  the  property  of  the  country  may  be  justly 
taxed  for  that  support,  has  been  distinctly  recognized  by  the  people  of 
this  State  from  its  earliest  organization.  In  1789,  but  twelve  years  after  the 
adoption  of  the  constitution,  the  Legislature  set  apart  public  lands  for 
school  purposes.  In  1795,  the  board  of  supervisors  were  required  to  raise 
by  a  tax  upon  each  town,  for  the  support  of  schools,  half  the  amount  of 
money  received  for  the  same  purpose,  under  an  Act  passed  that  year.  Laws 
involving  the  same  principles,  have  been  passed  from  time  to  time,  from 
that  day  to  this. 

But  while  the  right  and  the  expediency  of  taxing  property  for  the  support 
of  schools,  has  always  been  concurred  in  by  the  bulk  of  our  population,  the 
expediency  of  throwing  the  burthen  of  maintaining  education  exclusively 
on  property,  without  any  reference  to  the  direct  participation  of  the  tax- 
payer in  the  benefits  of  the  school,  has  never  been  declared  by  law  until 
1849.  The  "  Free  school  act "  of  that  year  was  intended  to  accomplish  this 
object.  Though  the  majority  of  the  people  twice  expressed  their  approba- 
tion of  free  schools,  by  a  vote  on  that  distinct  proposition,  the  law  met  with 
an  opposition  which  neutralized  the  benefits  which  its  friends  anticipated 
from  it.  The  strifes  which  it  gave  rise  to,  in  the  language  of  the  Execu- 
tive, in  1851,  "  disturbed  the  harmony  of  society."  Districts  were  rent  with 
contention ;  litigation  in  school  matters  rapidly  increased ;  the  inhabitants  in 
many  instances  refused  to  carry  out  the  provisions  of  the  law,  and  in 
others,  directly  resisted  it  as  unconstitutional  and  oppressive. 

In  1851,  the  Legislature,  with  great  unanimity,  passed  the  law  now  in  force. 
It  is  essentially  a  compromise  between  the  views  of  the  advocates  and  oppo- 
nents of  the  law  of  1849  —  between  the  theories  of  an  exclusively  property 
basis  of  taxation  for  the  support  of  schools,  and  that  mixed  one,  previously 
obtaining,  in  which  property,  as  such,  bore  a  portion   (but  a  smaller  pot- 


502  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

tion)  of  the  burthen,  and  the  persons  directly  benefitted,  the  remainder. 
While  the  present  State  tax  of  eight  hundred  thousand  dollars  is  a  greater 
concession  from  property  than  any  made  previously  to  1849,  it  does  not, 
as  the  title  of  the  bill  would  seem  to  assume,  render  the  schools  entirely 
free,  in  the  sense  of  being  exempt  from  the  payment  of  tuition  fees.  Rate 
bills  to  pay  some  portion  of  the  teachers'  wages  have  yet  to  be  collected  in 
many,  if  not  most,  of  the  districts  of  the  State.  But  to  the  indigent,  the 
schools  are  now,  as  they  were  under  the  laws  anterior  to  1849,  absolutely 
free. 

In  the  school  code  reported  to  the  Legislature,  during  its  last  session, 
by  the  Commissioner,  Mr  S.  S.  Randall,  and  in  the  last  annual  report  of  the 
late  Superintendent,  it  is  proposed  to  substitute  a  mill  tax  for  the  present 
one.  This  is  virtually,  and  indeed  avowedly,  a  proposition  to  restore  free 
schools. 

A  per  centum  tax,  beyond  all  question,  is  more  defensible  in  theory  than 
one  of  fixed  amount,  when  designed  to  meet  a  want  which  is  varied  by  the 
same  causes  which  vary  the  avails  of  the  tax,  viz:  the  increase  or  diminu- 
tion of  population  and  wealth.  A  fixed  tax  does  not  adapt  itself  to  either 
of  these  contingencies ;  and  among  a  rapidly  increasing  population,  like 
our  own,  if  it  is  exactly  adequate  to  its  purpose  one  year,  it  must  neces- 
sarily fall  short  of  it  the  next. 

And  that  a  mill  tax  cannot  be  fairly  considered  an  onerous  burthen  on 
property,  for  the  great  object  of  maintaining  popular  education  —  for  that 
protection  which  property  itself  derives  from  the  dissemination  of  intelli- 
gence through  all  classes  of  society  —  has  been  very  distinctly  admitted  by 
the  opponents  of  free  schools  themselves,  by  their  assenting  to  the  eight 
hundred  thousand  dollar  tax.  When  imposed,  it  amounted  to  more  than  a 
tenth  of  one  per  cent  on  the  assessed  value  of  the  property  of  the  State. 

Should  another  leading  feature  of  the  present  law  —  the  equal  division  of 
one-third  of  the  school  moneys  by  districts  —  be  permitted  to  remain  in 
force,  it  is  not  probable  that  the  class  of  districts  which  most  strenuously 
opposed  the  free  school  law  —  the  sparsely  inhabited  ones  of  the  country  — 
would  object  to  the  substitution  of  a  mill  tax  for  the  present  one;  nor,  on 
the  other  hand,  that  the  wealthy  city  and  village  districts,  which  gave  its 
popular  majorities  to  that  law,  would  press  the  change.  Neither  of  these 
classes  of  districts  would  now  desire  it,  except  on  conditions  which  would 
render  it  obnoxious  to  the  other.  This  remark  is  thrown  out  to  show  that 
in  settling  this  point,  we  are  not  permitted  to  view  it  as  a  separate  and  inde- 
pendent proposition  to  be  decided  on  its  abstract  merits. 

It  constitutes,  in  fact,  the  principal  in  a  series  of  measures,  adopted  as  an 
adjustment  between  rival  interests  and  opposing  views.  Experience  may, 
and  probably  does,  demand  the  modification  of  some  of  these  measures. 
It  certainly  makes  such  demand,  if  it  can  be  shown  that  they  affect  any 
portion  of  the  community  oppressively  or  injuriously.  But  whether  it  is 
expedient  to  so  soon  reopen  the  whole  question  —  to  reawaken  the  deso- 
lating controversies  which  preceded  the  enactment  of  the  present  law  —  and 
this  too,  not  to  correct  any  positive  evil,  but  only  to  attain  what  a  portion 
of  the  community  regard  as  a  greater  good  —  it  is  for  the  wisdom  of  the 
Legislature  to  decide. 


FREE  SCHOOLS  503 

Not  doubting  that  the  wants  of  an  advancing  population  will  ultimately 
call  for  an  increase  of  the  state  tax,  and  that  when  so  increased,  it  would 
be  better  on  all  acounts  to  make  it  a  per-centum,  and  therefore  a  self  adjust- 
ing one,  the  undersigned  feels  constrained  to  express  the  opinion  that  the 
time  has  not  arrived  for  such  action.  Nor  is  he  disposed  at  present  to 
recommend  any  action  which  will  affect  the  interior  polity  of  the  schools,  or 
the  duties  of  trustees.  The  evils  arising  from  too  frequent  changes  in  the 
latter  particulars,  have  not  been  sufficiently  appreciated. 

The  school  system  of  New  York  is  too  vast,  involves  interests  too  impor- 
tant, to  be  rashly  established  or  rashly  changed.  It  requires  permanency 
to  adapt  it  to  the  circumstances  of  society,  and  to  give  facility  and  vigor 
to  its  operations.  Where  no  serious  practical  evil  is  felt,  it  can  scarcely 
be  doubted  that  a  reasonable  degree  of  such  permanency  is  preferable  to 
incessant  changes,  even  though,  independently  considered,  those  changes 
might  promise  some  degree  of  improvement. 

In  the  rapid  transition  from  system  to  system,  in  the  constant  change  of 
details,  made  without  the  benefit  of  sufficient  experience,  which  has  marked 
the  school  legislation  of  the  last  four  years,  the  natural  result  has  followed. 
Grave  errors  have  been  committed.  To  retrieve  them,  new  ones  have  been 
plunged  into.  The  local  officers  have  been  embarrassed  to  understand  their 
duties,  varied  by  each  year's  legislation.  They  have  consequently  per- 
formed them  witli  diminished  spirit  and  greatly  diminished  accuracy.  Want 
of  zeal  or  want  of  accuracy  in  the  principal,  soon  extends  to  the  subaltern, 
or  paralizes  his  efforts.  Even  the  teachers  —  a  finer  or  more  spirited  pro- 
fessional body  than  whom  is  not  to  be  found  in  our  State  —  have  lost 
something  of  that  high  enthusiasm  which  a  few  years  since  exhibited  its 
kindling  traces  throughout  our  schools,  or,  as  is  more  likely,  their  efforts 
unsupported  from  without,  have  fallen  on  a  soil  made  sterile  by  indifference, 
or  choked  by  angry  contention.  Melancholy  as  is  the  confession,  and 
decided  as  are  the  exceptions  to  it,  our  schools,  in  the  opinion  of  the  under- 
signed, have  deteriorated  during  the  rapid  changes  of  the  last  four  years. 

Whether  we  have  reached  a  point  in  these  mutations  where  it  is  best  to 
pause,  and  let  existing  regulations  where  not  obviously  and  seriously  wrong, 
stand,  until  a  further  developed  experience  and  a  more  settled  public  senti- 
ment shall  call  for  well-considered  changes,  is  the  grave  question  now  to 
be  settled.    On  it,  the  views  of  the  undersigned  are  already  expressed.    .    .    . 

Nothing  can  be  more  obviously  true  than  the  proposition  that  every  dol- 
lar devoted  by  the  State  to  educational  purposes,  should  be  so  expended  as 
to  render  its  benefits,  to  the  greatest  practicable  extent,  equally  open  to  all. 
The  common  schools  alone,  at  this  time,  present  this  condition.  In  them, 
tuition  is  cheap  to  all,  and  absolutely  free  to  the  indigent.  The  academies 
and  colleges,  with  the  exception  of  certain  beneficiary  scholarships,  and 
with  some  other  exceptions  which  will  be  presently  noticed,  require  tuition 
and  other  fees,  and  an  expenditure  for  books,  which  shut  their  doors  on  a 
large  class  of  our  population.  The  public  moneys  which  they  receive  does 
not,  then,  equally  inure  to  the  benefit  of  all,  but  to  that  of  those  who  need 
it  least,  the  wealthy,  and  in  point  of  fortune,  the  middle  classes. 

There  are  two  ways  of  removing  this  inequality.  The  one  is  to  deprive 
academies  and  colleges  of  all  share  in  the  public  moneys.    What  would  be 


504  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

the  effect  of  this?  Wealth  would  still  sustain  these  institutions,  but  neces- 
sarily in  diminished  numbers,  as  the  cost  of  tuition  in  them,  increased  to 
counterbalance  the  withdrawal  of  the  public  aid,  would  exclude  not  only 
poverty,  but  that  moderate  competency  which,  united  with  effort  and  energy, 
now  not  un  frequently  attains  their  benefits.  Higher  education  would  thus 
become  the  luxury,  and  the  additional  power  of  the  wealthy.  If  the  sons 
of  the  poor  and  of  those  in  middling  circumstances,  were  not  excluded 
from  the  learned  professions,  and  from  all  occupations  demanding  a  higher 
grade  of  learning,  they  at  least  would  start  both  in  the  attainment  and  the 
practice  of  those  professions,  on  no  equal  footing  with  the  educated  sons 
of  the  rich;  and  they  would  require  double  talent  and  double  industry  to 
ensure  equal  success.  Is  this  idea  to  be  for  a  moment  tolerated  in  a  govern- 
ment which  has  enough  for  the  reasonable  wants  of  all?  Are  the  public 
prepared  to  surrender,  for  the  benefit  of  a  small  portion  of  our  population, 
the  treasure  which  they  have  been  pouring  for  half  a  century  into  the 
coffers  of  our  academies  and  colleges?  Shall  the  monopoly,  and  hence  the 
double  power  of  learning,  be  made  an  appendage  of  the  aristocracy  of 
wealth  ? 

It  has  been  said  that  the  increased  amount  of  public  money  which  might 
be  distributed  among  the  common  schools,  on  depriving  the  academies  and 
colleges  of  any  participation  in  it,  would  put  the  former  on  such  a  footing 
that  all  the  higher  branches  of  education  could  be  successfully  taught  in 
them.  The  proceeds  of  the  literature  fund  and  of  the  United  States  deposit 
fund,  applicable  to  the  support  of  academies,  is  about  forty  thousand  dollars 
per  annum.  Add  to  this  an  equal  amount,  for  annual  aid  to  colleges  — 
though,  for  a  considerable  term  of  years,  they  have  received  nothing  like 
that  amount.  This  eighty  thousand  dollars  divided  among  the  common 
schools  of  the  State,  would  give  to  each,  between  six  and  seven  dollars  — 
a  sum  scarcely  sufficient  to  purchase  the  text  books  which  one  scholar  would 
annually  require  in  pursuing  the  higher  branches  of  literature  and  science! 
How  far  would  it  go  towards  purchasing  the  scientific  apparatus  necessary 
in  teaching  those  higher  branches  of  science?  —  how  far  towards  collecting 
those  libraries,  without  a  knowledge  of  whose  stores,  scientific  attainments 
lose  half  their  value?  How  far  would  it  go.  added  to  present  salaries, 
towards  paying  the  wages  of  a  class  of  teachers  competent  to  instruct  in 
academic  and  collegiate  branches?  These  questions  are  asked  to  place 
in  a  strong  light  the  futility  of  an  idea,  which  has  found  advocates  among 
those  who  have  not  sufficiently  investigated  the  facts  in  the  case,  and  who 
have  probably  formed  exaggerated  impressions  of  the  aid  which  the  State 
extends  to  its  higher  institutions  of  learning. 

Union  schools,  with  such  additional  aid,  might,  it  is  true,  form  a  substitute 
for  academies  —  but  to  what  good?  Few  localities  out  of  cities  and  villages 
will  admit  of  them,  until  population  and  wealth  have  greatly  advanced;  and 
their  benefits,  it  is  believed,  would  not  be  as  evenly  disseminated  as  those  of 
the  academies  now  are.  And  why  throw  away  what  has  already  been 
lavished  on  academies  —  the  acquisitions  of  years  —  merely  to  build  up  a 
new  class  of  schools,  to  attain  the  same  object?  In  their  present  sphere, 
the  Union  schools  are  productive  of  incalculable  benefits;  as  substitutes  for 
academies  generally,  they  are  uncalled  for,  and  promise  no  improvement. 


FREE  SCHOOLS  505 

There  is  a  method,  in  the  judgment  of  the  undersigned,  by  which  the 
State  can  render  the  benefits  of  the  funds  which  it  appropriates  to  higher 
education  equally  accessible  to  all  —  throw  open  those  benefits  to  the  poor 
without  curtailing  any  now  enjoyed  by  another  class  —  and  in  doing  this, 
neither  diminish  the  number,  nor  impinge  the  interests  of  the  existing  higher 
institutions  of  learning.  That  method  would  be  to  distribute  among  those 
mstitutions,  as  much  money  as  now  —  and  more,  if  necessary  —  but  to 
require  them  to  repay  every  dollar  thus  received,  IN  GRATUITOUSLY  EDU- 
CATING SUCH  PUPILS  AS  THE  STATE  SHALL  DESIGNATE. 

By  a  proper  method  of  designating  the  pupils,  the  inequalities  of  the 
present  system  would  be  done  away,  and  results  attained  as  accordant 
with  enlightened  philanthropy,  as  with  the  theory  and  spirit  of  our  political 
institutions. 

The  following  is  an  outline  of  the  proposed  plan.  Let  the  common  school 
districts  of  the  State  be  arranged  into  as  many  academy  districts,  as  there 
are  now,  or  may  hereafter  be,  of  academies.  Let  each  academy  then  be 
required  to  receive  annually  from  the  common  schools  in  its  district,  and 

gratuitously  educate  a  pupil  for  every  $ received  from  the  State;  a 

college  to  receive  pupils  from  the  free  departments  of  a  certain  number  of 
academies,  on  the  same  footing.  The  selection  of  the  pupils  should  evi- 
dently be  made  on  the  basis  of  educational  qualification  and  general  merit. 
There  are  several  methods  of  accomplishing  this,  which  it  is  not  necessary 
at  this  point  to  discuss.  That  the  object  is  practically  and  readily  attainable, 
is  established  bj'  the  experience  of  the  free  academy  in  the  city  of  New 
York,  and  some  other  kindred  institutions. 

The  free  academy  in  the  city  of  New  York  presents,  in  fact,  a  practical 
exemplification,  in  a  single  locality,  of  the  plan  above  proposed  for  the  whole 
State.  It  receives  its  pupils  from  the  common  schools  on  the  basis  above 
suggested,  and  it  educates  them  gratuitously.  The  undersigned  has,  during 
the  past  season,  visited  this  institution,  personally,  examined  its  records, 
investigated  its  plans  of  action  in  detail,  and  witnessed  its  operations.  To 
say  that  it  is  eminently  successful  in  accomplishing  the  objects  of  its  founda- 
tion, is  but  faint  praise  of  the  men  whose  philanthropy  originated,  and 
whose  energ}-  secured  that  foundation  —  of  the  able  and  efficient  corps  of 
teachers  who  manage  its  concerns.  Within  its  halls,  the  mark  of  caste 
and  the  distinctions  of  wealth,  elsewhere  so  pervading  —  pervading  the 
mansions  of  the  living  and  even  the  mausoleums  of  the  dead  —  are  for  once 
ignored.  The  sons  of  the  rich  and  the  poor  —  neither  of  them  degraded 
beneficiaries,  but  the  honored  cadets  of  a  parental  government  —  meet  on 
ground  where  neither  has  advantage.  Sitting  on  the  same  benches,  pursuing 
the  same  higher  branches  of  science,  drinking  from  the  same  rich  foundations 
of  classic  literature,  cultivating  the  same  elegant  tastes  and  personal  accom- 
plishments, the  undersigned  saw,  with  emotions  he  will  not  attempt  to 
describe,  the  representatives  of  almost  the  extremes,  and  of  every  inter- 
mediate point,  in  social  and  pecuniary  condition  —  the  sons  of  the  merchant 
whose  vessels  visit  every  ocean,  and  of  the  employees  of  his  store-house  and 
wharves  —  of  fathers  whose  names  are  historic  in  professions,  in  literature, 
in  arts  and  in  arms,  and  of  the  obscure  and  toiling  masses  whose  sinews 
support  this  social  superstructure  above  them. 


5o6  T^E    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

The  following  letter  from  Wheeler  Trusdell  of  Fairmont,  Onon- 
daga county,   is  appended  to   Superintendent   Randall's  report   of 

1853: 

Fairmount,  Onondaga  County,  N.  Y. 
December  22,  1852 
Hon.  H.  S.  Randall 

State  Superintendent  of  Common  Schools: 

Having  for  several  years  been  a  trustee  of  "  joint  school  district  number 
one,"  of  this  place,  I  have  been  requested,  by  some  of  its  inhabitants,  to 
make  a  statement  to  you  of  the  effects  of  the  law  of  1851  upon  our  school. 

The  territory  embraced  in  this  district,  originally  constituted  three  school 
districts,  each  full  the  average  size.  For  the  purpose  of  establishing  a 
department  for  the  benefit  of  advanced  scholars  wishing  to  study  the  higher 
branches,  these  three  districts  were  consolidated.  We  have  now,  as  before, 
three  schoolhouses,  the  centre  house  accommodating  the  high  school  and  a 
primary  department,  the  other  two  houses  being  used  for  primary  purposes 
only. 

This  was  done  nine  years  ago,  when  we  were  under  the  old  school  system. 
Since  has  followed  the  "  free  school  law,"  which,  with  us,  met  with  almost 
universal  favor;  the  inhabitants  cheerfully  taxing  themselves  to  pay  the 
wages  of  four  teachers  for  nine  months  in  a  year. 

Under  the  present  law  our  county  taxes  for  school  purposes  are  largely 
enhanced,  while  we  draw  from  the  school  moneys  only  thirty  dollars  more 
than  we  did  the  year  previous.  "  While  we  pay  towards  the  state  tax  for 
school  purposes  $275,  we  receive  in  return  thirty  dollars.  This  is  owing  in 
part  to  the  unjust  division  of  one-third  of  the  school  moneys  equally  among 
all  the  districts.  If  this  law  is  not  entirely  repealed,  it  should  be  so 
amended  as  to  afford  relief  to  districts  employing  several  teachers,  and 
especially  to  those  sustaining  schools  in  several  schoolhouses  at  the  same 
time. 

If  no  other  basis  is  very  soon  adopted  for  the  division  of  the  school 
moneys,  union  districts  that  have  been  organized  for  the  noble  purpose  of 
offering  superior  advantages  to  all,  will  be  divided  into  their  original  ntimber. 
Already  the  question  is  being  discussed  with  us,  and  should  the  next 
Legislature  fail  to  afford  relief,  a  majority  will  feel  themselves  driven  to 
the  process  of  dividing. 

Is  not  the  present  method  of  dividing  the  school  moneys  a  bid  for  small 
districts?  The  ruinous  effects  upon  our  common  schools,  by  the  division 
of  districts  and  the  consequent  abandonment  of  our  high  schools,  will  be 
sorely  felt  by  all  who  feel  a  deep  interest  in  their  prosperity,  if  not  by 
the  public  at  large. 

Our  own  high  school,  which  has  been  nobly  sustained  to  the  credit  and 
great  benefit  of  cur  enterprizing  inhabitants,  has  its  origin  in  the  union  and 
consolidation  of  three  former  districts.  To  this  school  a  large  number  of 
young  men  and  v/omen  are  already  indebted  for  an  education  far  superior  to 
any  obtained  in  any  ordinary  district.  Had  not  this  school  have  existed,  a 
majority  of  these  scholars  would  never  have  obtained  a  knowledge  of  the 
higher  branches,  in  which  many  are  now  preeminently  versed. 

Will  our  Legislature  aid  the  friends  of  education  to  increase  the  number 


FREE  SCHOOLS  5^7 

of  stich  schools,  while  by  so  doing  the  number  of  small  districts  will  be 
proportionally  diminished?  or  will  they  destroy  them  by  keeping  in  operation 
a  law  which  offers  great  inducements  to  the  multiplication  of  small  and 
consequently  feeble  districts? 

The  evil  of  which  we  particularly  complain  may  be  partially  remedied  by 
either  dividing  one-third  of  the  school  moneys  among  the  districts  according 
to  the  number  of  teachers  who  may  be  employed  at  the  same  time  for 
six  months  or  more  in  a  year,  or  according  to  the  number  of  schoolhouses  in 
which  schools  are  kept  by  qualified  teachers  for  a  like  term. 

Very  respectfully  yours 

Wheeler  Teusdell 

The  following  letter  from  Superintendent  McKeen  of  New  York 
City  is  appended  to  Superintendent  Randall's  report  for  1853 : 

To  the  Hon.  H.  S.  Randall 

Superintendent  of  Common  Schools: 

Allow  me  to  make  a  few  remarks  and  suggestions  on  the  subject  of  the 
more  recently  enacted  laws  of  the  State  regulating  the  manner  of  raising 
and  dispensing  moneys  for  the  support  of  common  schools  in  the  State. 
The  act  of  the  Legislature  to  establish  free  schools  throughout  the  State, 
passed  April  12,  1851,  is  inequitable  to  large  portions  of  the  population  of 
the  State,  and  in  many  respects  decidedly  objectionable.  The  avails  of  the 
common  school  fund  being  inadequate  for  the  entire  sustentation  of  free 
schools  throughout  the  State,  and  there  being  objections  to,  and  clamor 
against  the  rate  bill,  which,  for  years,  had  been  a  main  support  in  many 
places,  it  was  discreetly  considered  that  eight  hundred  thousand  dollars 
should  be  raised  by  tax  for  the  common  benefit  of  all  the  children  of  the 
State  from  four  to  twenty-one  years  of  age,  in  order,  as  it  would  seem,  that 
all  might  enjoy  alike  the  privileges  of  a  beneficial  legislation.  At  first  no 
friend  of  such  a  law  had  the  least  conception  that  any  discrimination  or 
inequalities  contravening  the  spirit  of  our  government  could  be  introduced. 
In  the  confidence  that  all  the  people  of  the  State  should  share  alike  in 
the  benefits  and  the  burdens,  according  to  their  means  and  wants,  the  bill 
was  urged  upon  the  Legislature.  It  is  believed  that  the  unjust  discriminations 
which  go  to  benefit  one  portion  of  the  State  at  the  expense  of  another,  were 
introduced  into  the  bill  for  the  purpose  of  making  it  odious  and  defeating 
it ;  rather  than  with  the  expectation  that  they  would  be  accepted  by  the 
friends  of  free  schools.  There  can  be  no  question  that  a  principle  that  can 
be  carried  through  the  legislature  burdened  with  so  many  objectionable 
additions,  must  be  deeply  rooted  in  the  minds  of  the  people  of  this  State. 
The  bill,  with  all  its  defects,  was  finally  accepted,  in  the  hope  that  subsequent 
legislation  and  amendments  would  make  it  tolerable.  It  would  seem  that  no 
sane  man  who  had  examined  all  its  defects  would  have  consented  to  it  with 
the  expectation  of  its  remaining  unaltered. 

By  this  act  $300,000  from  the  avails  of  the  school  fund,  and  $800,000 
from  the  newly  imposed  tax  making  $1,100,000  is  provided,  which  sum  is  to 
be  annually  distributed  for  the  payment  of  instruction  in  common  schools. 
This  is  certainly  a  liberal  provision  on  the  part  of  the  State.  The  amotmt  is 
large,  and  presents  the  State  in  an  attitude  of  dignity  that  is  very  gratifying. 
The  evil   complained  of   is   not  that   it  is  tmreasonably   large,   but   chiefly 


508  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

that  the  manner  of  distribution  of  the  first  third  of  this  sum  is  wrong  and 
unjust.  It  may  safely  be  affirmed  that  the  way  provided  by  the  act 
appropriating  and  distributing  $366,666  of  this  money  is  neither  equal  nor 
in  conformity  with  the  principles  and  usages  of  the  State  government.  It  is 
contrary  to  the  fundamental  principles  of  a  republican  government.  It  does 
not  proceed  upon  the  basis  of  population  in  the  districts,  for  it  gives  to  a 
small  district  of  twenty-five  scholars  who  are  taught  for  six  months  in  the 
year  by  one  teacher  just  as  much  of  this  one  third  of  $1,100,000,  as  is  given  in 
New  York  or  Kings  county,  to  a  large  district  of  2500  children  who  are 
taught  for  11  or  12  months  in  the  year  by  perhaps  30  teachers!  This  is  a 
discrimination  with  a  vengeance,  the  like  of  which  has  never  before  found  a 
place  in  our  Statute  books.  New  York  and  Kings  counties  combined  have, 
by  the  last  census,  654,425  inhabitants.  These  two  counties  return  241 
districts,  and  receive  $66,433.31  from  the  first  third  of  $1,100,000,  while 
the  counties  of  St  Lawrence,  Jefferson,  Lewis,  Herkimer,  Delaware,  Allegany, 
Broome,  Cattaraugus,  Chenango,  Genesee,  Madison,  Otsego,  Cortland,  Essex, 
Greene,  Hamilton  and  Warren,  all  combined,  have  but  646,807  inhabitants 
(less  by  7615,  than  New  York  and  Kings)  which  have  4161  school  districts, 
and  receive  $126,213  from  this  same  one-third.  These  last  enumerated 
counties  have  fewer  poor,  their  schools  are  certainly  not  better,  and  the 
average  time  of  teaching  is  considerably  less.  What  equitable  claim  can 
they  have  to  receive  in  the  division  of  $366,666,  twenty  times  as  much  as 
New  York  and  Brooklyn,  in  which  places  are  to  be  educated  most  of  the 
foreign  poor.  The  injustice  is  plain,  but  what  remedy  is  proposed  that  will 
conciliate  and  satisfy  all  parties  and  sections  of  the  State,  and  encourage 
and  keep  up  the  district  organization  in  the  sparsely  populated  parts  of  the 
State?  Every  village  that  has  as  many  as  one  hundred  and  fifty  children 
at  school,  finds  a  great  advantage  by  having  a  union  classified  school,  with 
at  least  three  teachers.  In  such  school  the  teaching  is  better  adapted  and  is 
more  effectual,  but  the  present  law  is  a  premium  for  small  schools,  and  a 
bar  to  proper  classification  and  improvement  in  teaching,  where  such  advance 
is  in  every  other  respect  entirely  practicable  and  desirable. 

This  good  school  of  150,  is  but  one  district,  and  if  it  is  cut  up  into  four 
districts  it  will  draw  four  times  as  much  money  from  the  first  third  of 
$1,100,000,  and  the  little  schools  for  the  want  of  proper  classification  will  not 
6e  half  so  effective  as  the  large  one.  The  defects  of  the  present  law  have 
been  sufficiently  urged;  now  what  change  or  remedy  is  proposed?  simply 
this  —  that  the  present  district  discrimination  he  changed;  and  that  distribu- 
tion he  made  according  to  the  nwnher  of  qualified  teachers  employed  for  at 
least  six  or  eight  months  in  the  year.  In  the  large  and  graded  schools  twice 
as  many  are  now  taught  by  one  teacher  as  can  be  properly  taught  in  the 
lowest  grade  of  t!istrict  schools,  and  a  discrimination  of  two  to  one  instead 
of  twenty  to  one  is  as  much  as  ought  to  be  asked  in  favor  of  the  small 
rural  districts. 
I  have  the  honor  to  submit  the  foregoing  remarks  with  all  due  respect. 

Your  humble  servant 

Joseph  McKeen 
City  Sup't  of  Common  Schools,  for  the  city 
and  county  of  New  York 
To  Hon.  Henry  S.  Randall 
Sup't  Common  Schools 


FREE  SCHOOLS  509 

As  indicative  of  the  sentiment  in  relation  to  free  education,  we 
include  the  following  letter  from  President  Hale  to  Superintendent 
Randall  in  relation  to  free  tuition  in  Hobart  College: 

Hobart  Free  College 

Geneva,  Dec.  2,  1853 

Dear  Sir:  It  gives  me  great  pleasure  to  reply  to  your  inquiries.  This 
college  "  was  made  free  "  by  the  act  of  the  corporation  of  Trinity  Church, 
New  York,  of  Nov.  14,  1851,  granting  to  it  an  annuity  of  three  thousand 
dollars,  on  condition  of  its  taking  its  present  name,  and  of  its  giving  free 
tuition  and  room  rent,  so  far  as  it  might  have  rooms  for  the  purpose,  to  all, 
without  restriction,  who,  by  acquirements  and  character,  are  properly  qualified 
for  admission.  The  grant  was  accepted  by  the  trustees  on  the  Qth  of  Decem- 
ber following,  and  the  college  at  the  beginning  of  the  next  term,  Jan.  15, 
1852,  as  a  free  college. 

These  remarks  may  perhaps  sufficiently  answer  your  next  question,  "  How 
far  is  it  practically  free  to  all  ?  "  But  to  prevent  mistake,  I  will  add  that  no 
condition  whatever  is  required  of  candidates  for  admission,  but  the  proper 
age,  the  prescribed  amount  of  preparation,  and  correct  moral  character.  No 
distinction  is  made  in  favor  of  any  locality,  or  any  creed.  Besides  members 
of  the  Protestant  Episcopal  church,  there  are  students  in  college  from  as 
many  as  five  different  religious  denominations,  all  deriving  precisely  the  same 
advantages  from  the  above  mentioned  grant  of  Trinity  church. 

"What  expenses  yet  fall  on  the  student?  "  No  college  charge,  but  a  small 
one  of  three  dollars  a  term  or  nine  a  j^ear,  to  cover  the  expense  of  the 
janitor's  services,  the  cost  of  ordinary  repairs  and  some  other  necessary 
contingencies.  The  other  expenses  of  the  student  are  merely  personal,  as  for 
board,  &c.,  and  are  regulated  by  himself  according  to  his  means  and  his 
habits  of  economy. 

"  How  the  system  works  ?  "  Having  been  in  operation  less  than  two  years, 
its  full  effects  have  not  had  time  to  develop  themselves.  From  our  brief 
experience,  however,  I  am  satisfied  that  as  it  has  worked  well  so  far,  so  it 
will  continue  to  do. 

It  is  favorable  to  discipline.  The  students  are  not  the  patrons  and  sup- 
porters of  the  college,  and  there  is  therefore  no  inducement  to  retain  the 
idle  and  vicious,  whose  presence  hinders  the  proper  work  of  a  college,  and 
lends  to  corrupt  others.  It  is  favorable  also,  as  is  obvious  from  this  view,  to 
the  establishment  of  a  high  standard  of  scholarship  and  of  character. 

It  will  prove  attractive  to  young  men  of  moderate  means;  for  it  offers 
them  free  education,  not  as  a  special  charity,  but  on  an  equal  footing  with 
others. 

Our  numbers  are  increasing  with  a  moderate  rapidity,  just  as  we  desire; 
for  our  wish  is  to  establish  a  sound  system  of  discipline  and  instruction,  and 
wholesome  precedents,  and  leave  the  rest  to  time.  We  have  therefore  taken 
no  pains  by  advertising,  or  agencies,  or  other  means  to  secure  a  rapid  increase. 
During  the  years  ending  July,  185 1  and  1852,  the  admissions  were  respectively 
16  and  22.  During  that,  ending  July,  1853,  27  and  so  far  in  the  current  year, 
26,  with  a  prospect  of  more. 

We  are  limited  in  the  extent  of  our  accommodations  for  students,  having 


510  THE   UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 

but  43  rooms  for  their  use,  and  our  present  resources  being  no  more  than 
sufficient  for  the  moderate  support  of  the  Faculty,  we  can  not  apply  any 
part  of  them  to  the  erection  of  additional  buildings.  We  hope,  as  we  offer 
free  tuition  and  free  room-rent,  as  far  as  we  have  rooms  for  the  use  of 
students,  that  public  or  private  liberality  will  provide  for  the  enlargement 
of  our  means. 

I  am,  dear  Sir, 

Very  respectfully, 

Your  friend  and  serv't, 

Benj.  Hale,  President 
To  the  Hon.  Henry  S.  Randall 

Secretary  of  State,  of  the  State  of  New  York 

UNPAID  SCHOOL  MONEYS 

The  difficulty  in  collecting  the  taxes  for  school  purposes  is  v^rell 
illustrated  in  the  follov^ing  report  of  the  Superintendent  of  Com- 
mon Schools  to  the  Assembly  on  June  3,  1853: 

In  Assembly,  June  3,  1S53 
No.  127 

Communication  From  the  Superintendent  of  Common  Schools  Relative 
to  Certain  Unpaid  School  Moneys 

Secretary's   Office 
Department  of  Common  Schools 
Albany,  June  3,  1853 
To  the  Legislature: 

Since  the  communication  made  by  me  to  the  Legislature  on  the  14th  day  of 
April,  1853,  in  regard  to  the  portion  of  the  eight  hundred  thousand  dollar 
school  tax,  due  from  the  counties  of  New  York  and  Rensselaer,  I  have  had 
an  interview  with  the  public  authorities  of  the  former,  at  which  arrangements 
were  made  to  have  final  action  taken  at  an  early  day  in  regard  to  the  payment 
of  the  sum  due  from  the  city  and  county  of  New  York.  That  action  was 
consummated  on  the  1st  inst.  and  on  the  2d  inst.  I  was  notified  by  the 
Comptroller  that  the  money  was  placed  subject  to  my  draft,  consequently 
the  legislation  asked  in  my  former  communication  has  become  unnecessary. 

As  soon  as  the  above  is  drawn  there  will  only  remain  uncollected  of  the 
avails  of  the  eight  hundred  thousand  dollars  school  tax  for  the  current  year, 
to  be  applied  to  the  payment  of  deficiencies  in  other  counties  besides  Rens- 
selaer, the  sum  of  four  thousand  one  hundred  dollars  and  sixty-eight  cents, 
which  is  still  due  from  the  county  of  Rensselaer.  I  am  informed  that  a 
meeting  of  the  supervisors  of  that  county  was  held  on  the  loth  of  May  last, 
and  no  provision  was  made  for  the  payment  of  this  money. 

I  have  before  called  the  attention  of  the  Legislature  to  the  serious  evils 
which  have  resulted,  and  which  are  continuing  to  result  to  a  large  portion  of 
the  schools  of  the  State  from  the  non-payment  of  the  school  tax.  To  mitigate 
them  as  far  as  possible,  I  recently  made  a  distribution  of  all  the  school 
money,  (over  and  above  that  before  in  the  hands  of  the  treasurers  of  the 
counties,)  collected  up  to  the  12th  day  of  May  last,  directing  the  treasurers 


FREE   SCHOOLS  5II 

to  make  a  pro  rata  distribution  of  it  among  the  towns.  This  put  those 
officers  to  the  trouble  of  making  a  second  distribution,  and  the  town  super- 
intendents of  making  a  second  collection,  where  but  one  is  contemplated  by 
law.  Should  I  retain  the  money  just  obtained  from  New  York,  long  in  my 
hands,  it  would  result  in  continued  injury  to  the  schools.  Should  I  appor- 
tion it,  and  direct  the  treasurers  to  distribute  it,  before  obtaining  the 
Rensselaer  county  deficiency,  the  treasurers  would  be  called  upon  to  make  a 
third,  and  should  the  Rensselaer  deficiency  be  paid,  a  fourth  distribution  of 
echool  moneys  during  the  year,  thus  putting  them,  the  town  superintendents, 
and  this  Department  to  much  additional  expense  and  trouble  which  is 
wholly  out  of  the  contemplation  of  the  law.  So  far  as  this  Deipartment  is 
concerned,  these  burthens  would  be  willingly  met,  but  it  would  be  unjust 
to  impose  them  on  the  other  officers  named  above,  except  under  the  pres- 
sure of  a  necessity  which  does  not  exist. 

No  certainty  exists  that  the  Rensselaer  county  deficiency  will  be  paid  dur- 
ing the  year.  Though  the  sum  is  not  large  its  nonpayment  will  compel  col- 
lections of  trifling  sums  by  rate  bills,  in  perhaps  half  the  second  districts 
of  the  State.  This  would  be  unjust,  because  the  laws  have  made  other  pro- 
vision for  the  payment  of  these  moneys.  It  would  lead  to  a  vast  amount 
of  unnecessary  trouble  and  expense,  an  amount  perhaps  really  exceeding 
the  value  of  the  sum  to  be  collected.  Under  these  circumstances,  I  respect- 
fully, but  most  urgently  solicit  the  immediate  attention  of  the  Legislature 
to  the  subject.  I  recommend  that  the  Comptroller  be  immediately  authorized 
and  directed  to  loan  to  the  Superintendent  of  Common  Schools  from  any 
moneys  in  the  Treasury  not  otherwise  appropriated,  a  sum  equalling  the 
amount  due  from  Rensselaer  county,  to  be  paid  out  by  the  Superintendent 
in  the  same  manner  and  in  lieu  of  the  sum  due  from  said  county;  and  that 
to  pay  the  above  loan,  a  like  amount  and  interest  thereon  at  the  rate  of 
si.K  per  cent  per  annum  be  withheld  from  the  first  school  moneys  hereafter 
apportioned  to  r..-\id  county  for  common  school  purposes  unless  the  same 
shall  be  sooner  paid  by  the  treasurer  of  said  county. 

Henry  S.  Randall 
Superintendent  of  Common  Schools 

The  question  whether  State  funds  appropriated  for  use  in  common 
schools  might  be  appropriated  to  private  school  systems  wsls  raised 
in  1853.  The  report  of  the  committee  on  college,  academies  and 
common  schools  to  the  Assembly,  April  2,  1853  in  regard  to  this 
matter  is  of  noted  interest: 

In  Assembly,  Apr.  2,  1853 
No.  97 
Report 
Of  the  committee  on  colleges,  academies  and  common  schools,  on  petition 
of  certain  Roman  Catholics  of  New  York,  Utica,  Syracuse,  &c.,  relative 
to  instruction  of  their  children. 

Mr  Patterson,  from  the  committee  on  colleges,  academies  and  common 
schools,  to  which  was  referred  the  petitions  of  certain  Roman  Catholic  citi- 
zens of  the  citfes  of  New  York,  Utica,  Syracuse,  Oswego,  and  of  the  vil- 


512  THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

lages  of  Auburn,  Rome,  &c.,  praying  for  the  passage  of  a  law,  authorizing 
the  estabhshment  of  schools  where  their  children  "  may  be  instructed  in 
religion ;  without  which,  they  deem  education  more  pernicious  than  useful ; " 
and  for  granting  such  schools,  "  a  portion  of  the  school  fund  and  taxes, 
proportioned  to  the  numbers  of  children  attending  said  schools,"  respect- 
fully, 

REPORTS: 

That  from  the  earnestness  of  the  appeal  that  has  been  made  to  them, 
from  this  large  and  respectable  class  of  our  fellow  citizens  on  this  subject, 
they  have  given  it,  not  only  a  respectful,  but  an  anxious  attention,  with  a 
sincere  desire  to  recommend  such  measures  to  the  Legislature,  as  should 
be  most  conducive  to  the  harmony,  usefulness  and  prosperity  of  the  com- 
mon schools  of  the  State.  The  history  of  our  common  school  system  has 
been  examined  with  careful  attention,  in  the  hope  that  we  might  deduce  from 
this  history  the  secret  of  its  present  prosperity,  and  the  principles  that  will 
guide  it,  in  its  future  triumphant  career,  towards  an  ultimate  state  of 
perfection. 

Your  committee  find,  that  the  smoke  of  the  revolutionary  battle  fields  was 
scarcely  dissipated,  before  active  measures  were  taken  by  the  Legislature, 
at  the  instance  of  Gov.  George  Clinton,  to  "  revive,  strengthen  and  encour- 
age our  then  feeble  common  schools."  In  1789,  the  Surveyor  General  was 
directed  to  set  apart,  for  gospel  and  school  purposes,  two  lots  in  each  town- 
ship in  the  then  iinsurveyed  portions  of  the  State.  Three  or  four  years  later, 
the  Regents  of  the  University  called  the  attention  of  the  Legislature  "  to 
the  numerous  advantages  that  would  accrue  to  the  citizens  at  large,  from 
the  institution  of  schools  in  various  parts  of  the  State,  for  the  purpose  of 
instructing  children  in  the  lower  branches  of  education;"  they  also  recom- 
mended that  liberal  provision  be  made  to  sustain  the  schools,  by  appropria- 
tions of  the  public  lands,  as  the  value  of  these  lands  would  be  enhanced 
by  an  increase  of  population.  "  The  State  will  thus  never  want  the  means 
of  promoting  useful  science,  and  will  thereby  secure  the  national  happiness 
and  fix  the  liberty  of  the  people  on  the  most  permanent  basis :  that  of 
knowledge  and  virtue." 

In  1795,  the  Legislature  on  the  recommendation  of  Gov.  George  Clinton, 
appropriated  $50,000  annually  for  five  years,  for  the  support  of  the  common 
schools  of  the  State. 

In  1800,  Governor  Jay,  in  his  message  to  the  Legislature,  says:  "Among 
other  objects  that  will  present  themselves  to  you,  there  is  one  that  I  earn- 
estly recommend  to  your  notice  and  patronage :  I  mean  our  institutions  for 
the  education  of  youth.  The  importance  of  common  schools  is  best  esti- 
mated by  the  good  effects  of  them  when  they  most  abound,  and  are  the  best 
regulated." 

In  1802,  Governor  George  Chnton  again  impresses  upon  the  Legislature 
the  importance  of  perseverance  in  the  effort  to  elevate  the  character  of  our 
common  schools,  and  to  diffuse  their  blessings  over  the  whole  surface,  and 
into  all  the  ramifications  of  society.  In  his  message  to  the  Legislature,  he 
says :  "  Education,  by  correcting  the  morals  and  improving  the  manners, 
tends  to  prevent  those  evils  in  society  which  are  beyond  the  sphere  of 
legislation." 


FREE   SCHOOLS  SI3 

Equally  impressive  are  the  words  of  Governor  Lewis,  ( 1804) .  "  In  a 
government  resting  on  public  opinion,  and  deriving  its  chief  support  from 
the  affections  of  the  people,  religion  and  morality  can  not  be  too  sedulously" 
inculcated.  To  those,  science  is  a  handmaid;  ignorance,  the  worst  of  ene- 
mies. Literarj-  information  should  then  be  placed  within  the  reach  of  every 
description  of  citizen,  and  poverty  should  not  be  permitted  to  obstruct  the 
path  to  the  fame  of  knowledge.  Common  schools,  under  the  guidance  of 
respectable  teachers,  should  be  established  in  every  village,  and  the  indigent 
l>e  educated  at  the  public  expense.  Learning  would  thus  flourish,  and  vice 
he  more  effectually  restrained,  than  by  volumes  of  penal  statutes."  During 
this  year,  the  net  proceeds  of  500,000  acres  of  public  lands  were  reserved 
for  school  purposes. 

This  was  the  foundation  of  the  present  fund,  which  future  Legislatures 
increased,  until  it  has  swollen  to  its  present  magnitude.  In  181 1,  under  the 
administration  of  Governor  Tompkins,  the  school  commissioners  observe: 
"  Perhaps  there  never  will  be  presented  to  the  Legislature  a  subject  of  more 
importance  than  the  establishment  of  common  schools. 

"  Education,  as  the  means  of  improving  the  moral  and  intellectual  facul- 
ties, is,  under  all  circumstances,  a  subject  of  the  most  imposing  consideration. 
"  To  rescue  man  from  that  state  of  degradation  to  which  he  is  doomed 
unless  redeemed  by  education;  to  unfold  his  physical,  intellectual  and  moral 
powers ;  and  to  fit  him  for  those  high  destinies  which  his  Creator  has  pre- 
pared for  him,  cannot  fail  to  excite  the  most  ardent  sensibility  of  the 
philosopher  and  philanthropist.  In  proportion  as  every  country  has  been 
enlightened  by  education,  so  has  been  its  prosperity.  When  the  heads  and 
hearts  of  men  are  generally  cultivated  and  improved,  virtue  and  wisdom 
must  reign,  and  vice  and  ignorance  must  cease  to  prevail. 

"Virtue  and  wisdom  are  the  parents  of  private  and  public  felicity;  vice 
and  ignorance  of  private  and  public  misery. 

"As  the  people  must  receive  the  advantages  of  education,  the  enquiry 
naturally  arises,  how  this  end  is  to  be  attained?  The  establishment  of  com- 
mon schools,  which  being  spread  throughout  the  State,  and  aided  by  its 
bountj-,  will  bring  improvement  within  the  reach  and  power  of  the  humblest 
citizen.  This  appears  to  be  the  best  plan  that  can  be  devised  to  disseminate 
religion,  morality  and  learning  throughout  a  whole  country.  All  other 
methods  heretofore  adopted  are  partial  in  their  operation,  and  circum- 
scril)ed  in  their  effects." 

In  1822,  Gov.  DeWitt  Clinton  called  the  attention  of  the  Legislature  to 
the  subject  of  state  instruction,  in  the  following  terms :  "  The  first  duty 
of  a  State  is  to  render  its  citizens  virtuous  by  intellectual  instruction  and 
moral  discipline;  by  enlightening  their  minds,  purifying  their  hearts,  and 
teaching  them  their  rights  and  obligations.  Those  solid  and  enduring  honors 
which  arise  from  the  cultivation  of  science  and  the  acquisition  and  diffusion 
of  knowledge,  will  outlive  the  renown  of  the  statesman  and  the  glory  of 
the  warrior."  .\gain.  in  1827,  he  says :  "  I  consider  the  system  of  our 
common  schools  as  the  palladium  of  our  freedom;  for  no  reasonable  appre- 
hension can  be  entertained  of  its  subversion  as  long  as  the  great  body  of  the 
people  arc  enlightened  by  education." 
The  committee  have  been  induced  to  submit  the  above  remarks  from  the 

33 


514  THE    UNIVERSITY    OF    THE    STATE    OF    NEW     YORK 

different  Governors  and  superintendents,  the  fathers  and  founders  of  our 
splendid  system  of  common  schools,  for  the  purpose  of  exhibiting  a  few 
of  the  great  principles  that  lay  at  the  foundation  of  this  stupendous  super- 
structure. 

The  first  is,  that  it  is  not  only  the  right  but  the  duty  of  the  State  to 
furnish  and  superintend  the  operation  of  a  system  of  education  for  the 
children  of  the  State. 

Your  committee  believe  that  this  point  is  not  seriously  controverted  in 
this  State,  in  the  middle  of  the  19th  century. 

The  second  great  principle  (drawn  from  the  history  of  our  common 
school  system,  the  consideration  of  which  is  involved  in  the  petitions  before 
us)  is  the  eminently  catholic  nature  of  this  system.  Its  entire  exemption 
from  every  thing  like  a  partizan  or  secretarian  character,  from  its  incep- 
tion down  to  the  present  day,  in  every  stage  of  its  progress,  amid  the  storm 
and  the  tempests  that  have  attended  the  mutations  of  political  parties;  amid 
the  rancor  of  theological  controversy,  and  the  heat  of  religious  excitements, 
our  common  school  system  has  moved  quietly  and  majestically  along,  from 
the  smallest  beginning  to  its  present  magnificent  proportions,  under  the 
guidance  of  those  pure  and  patriotic  statesmen  (whose  sentiments  and  opin- 
ions we  have  so  liberally  quoted),  without  participating  in  or  ministering  to 
the  peculiarities  of  any  party  or  any  sect,  its  blessings  falling  upon  the  chil- 
dren and  the  youth  of  the  whole  state,  like  the  dew  of  heaven,  upon  the 
high  and  low,  the  rich  and  poor,  the  catholic  and  protestant,  upon  every 
shade  of  religious  and  political  opinion  alike,  without  prejudice  and  without 
partiality. 

In  tracing  down  the  history  of  the  rise,  progress  and  present  state  of  our 
system  of  common  schools,  your  committee  has  been  impressed  by  the  fact, 
that  among  the  means  that  have  been  so  successful  in  placing  this  system 
upon  its  present  elevation,  the  government  has  never  listened  for  a  moment 
to  the  suggestion  of  fractionizing  this  system  in  favor  of  or  against  any 
political  party,  or  any  religious  sect,  or  denomination.  While  the  fathers,  of 
our  system  of  common  schools  have  labored  zealously  and  successfully,  to 
place  within  the  reach  of  the  children  of  the  State  an  education  that  shall 
qualify  them  for  the  discharge  of  their  duties  as  citizens  of  the  republic, 
and  for  the  intelligent  management  of  the  ordinary  avocation  of  life;  while 
they  have  sought  to  blend  vnth  this  education,  a  system  of  pure  morality, 
indispenable  to  the  future  usefulness  and  respectability  of  the  rising  gen- 
eration, they  seem  sedulously  to  have  avoided  all  affinity  with  systems  of 
faith  or  sects,  whether  religious  or  political.  In  their  wisdom,  they  seem  to 
have  left  the  religious  education,  the  sectarian  discipline,  the  instruction  in 
religious  creeds  and  religious  practises,  where  they  rightfully  belong  —  to 
the  genial  influences  of  the  domestic  fireside;  the  family  altar,  to  the  church; 
to  pastoral  instruction,  the  Sabbath  school  and  the  Bible  class;  or  to  such 
other  means,  outside  of  the  school  house,  as  the  judgment  or  taste  of  par- 
ents or  guardians  should  dictate. 

Had  the  founder  of  this  system,  at  any  stage  of  its  progress,  parceled  out 
the  bounty  of  the  State  for  the  support  of  common  schools,  in  favor  of  those 
based  upon  the  peculiarities  of  any  party  or  any  sect;  or  upon  any  of  the 
arbitrary  or  conventional  distinctions  that  prevail  in  civilized  society,  your 


FREE    SCHOOLS  515 

committee  l)elieve  that  its  strength  would  have  been  frittered  away,  and  lost 
amid  the  jealousies  and  contentions  it  would  have  engendered;  that  it 
would  have  added  a  new  if  not  a  fearful  element  to  the  bitterness  of  reli- 
gious controversy,  a  controversy  which  this  circumstance  alone  would  have 
directed  with  crushing  force  against  the  utility  and  stability  of  our  present 
great  system  of  primary  instruction.  And  your  committee,  instead  of  being 
able  to  report  at  this  time  nearly  12,000  school  houses  in  the  State  in  suc- 
cessful operation,  in  which  nearly  1,000,000  of  children  have  received  the 
benefits  of  a  common  education  during  the  past  year,  and  supported 
at  an  expense  (for  teachers'  wages  alone)  of  more  than  ij/^  million  dollars, 
it  would  have  been  called  upon  to  report  upon  the  wreck  of  a  system  effi- 
cient only  in  flooding  the  countr>'  with  the  bitter  waters  of  partisan  strife, 
and  of  religious  and  sectarian  controversy. 

The  genius  of  our  institutions  is  pre-eminently  that  of  universal  religious 
toleration,  and  it  should  never  be  overlooked  for  a  moment,  in  our  legislation 
upon  the  management  of  the  common  schools  of  the  State;  hence,  by 
granting  the  prayers  of  these  petitioners,  we  recognize  the  principle  that 
each  one  of  the  organized  sects  or  religious  denominations  of  this  State, 
may  establish  their  schools,  and  be  entitled  to  share  of  the  common  school 
fund  for  their  support.  Granting  this  privilege  to  one  sect  would  open  for 
applications  for  every  sect  and  denomination  in  the  State;  and  in  view  of 
their  number,  the  conflicting  and  contradictory  nature  of  their  tenets,  we 
should  regard  as  suicidal  the  attempt  to  embrace  them  in  the  system  of  our 
common  schools,  or  sustain  them  by  its  funds. 

Grant  the  prayer  of  these  petitioners,  and  a  floodgate  of  ruin  is  opened 
upon  our  common  school  system  w'hich  future  legislation  would  hardly  be 
able  to  restrain ;  for  under  our  system  of  religious  toleration,  no  resting 
place  would  be  found  until  our  magnificent  school  fund  was  subdivided 
among  every  denomination  in  the  State,  from  the  ancient  and  venerable 
establishment  of  the  Roman  Catholic  Church,  down  to  the  conventicles  of 
the  spiritual  mediums  of  these  latter  times. 

The  effects  of  fractionizing  our  School  Fund  among  religious  denomina- 
tions, seems,  to  your  committee,  to  be  easily  calculated.  Hence,  your  com- 
mittee should  regard  the  first  step  of  the  government  in  that  direction  with 
the  utmost  anxiety  and  alarm,  as  a  fatal  blow  struck  at  the  prosperity  and 
utility  of  a  system  of  primary  education,  which  has  already  become  the 
pride  of  the  State  and  the  wonder  of  the  age.  Your  committee,  therefore, 
unanimously  present  the  following  resolution,  and  recommend  its  passage: 

Resolved,  That  the  prayers  of  the  petitioners  should  not  be  granted. 

AsHBEL  Patterson    (Cortland  county) 
Wm.  W.  Forsyth    (Albany  county) 
NiCH.  C.  Blauvelt  (Rockland  county) 
Wm.  Taylor   (New  York  county) 
Daniel  Stewart  (Delaware  county) 
Committee 

In  passing  it  is  of  interest  to  note  that  the  Court  of  Appeals  in 
June  1853  (Barto  v.  Himrod,  8  N.  Y.  483)  declared  the  law  of 
1849  to  be  unconstitutional  and  void.    The  opponents  of  free  schools 


5l6  THE    UNIVERSITV    OF    THE    STATE    OF    NEW    YORK 

pursued  every  possible  avenue  of  attack  upon  the  law  and  even 
instituted  proceedings  in  the  courts  in  four  different  counties  to 
test  its  constitutionality.  This  decision  was  based  upon  the  form 
and  procedure  in  the  enactment  of  the  law  and  not  upon  the  power 
of  the  Legislature  or  the  authority  of  the  people  to  provide  free 
schools.  The  law  was  so  drawn  that  its  validity  depended  upon  a 
majority  of  the  votes  being  cast  for  its  adoption  and  not  upon  the 
action  of  the  Legislature.  The  court  held  that  the  Constitution 
conferred  on  the  Legislature  the  power  to  enact  laws  and  that  the 
Legislature  could  not  divest  itself  of  this  responsibility  and  delegate 
that  power  on  the  people. 

This  decision  of  the  court,  however,  had  no  vital  bearing  upon  the 
establishment  of  free  schools. 

Barto  V.  Himrod  and  Another 

Constitutional  Law  —  Reserved  Pvint 
If  a  legislative  act  be  made  to  depend  for  its  validity,  upon  the  result  of  a 

popular  election,  it  is  unconstitutional;  the  legislature  cannot  delegate  to 

the  people,  the  power  conferred  upon  them  by  the  constitution.^ 
Thorne  v.  Cramer,  15  Barb.  112,  and  Bradley  v.  Baxter,  Ibid.  122,  affirmed; 

Johnson  v.  Rich,  9  Ibid.  680,  overruled. 
Distinguished  in  The  People  v.  Fire  Assn.,  92  N.  Y.  316;  and  in  Matter  of 

34th  St.  R.  R.  Co.,  102  N.  Y.  352. 
Where  the  jury  pass  upon  the  question  of  damages,  subject  to  the  opinion 

of  the  court,  upon  the  law  of  the  case,  the  facts  admitted  by  the  pleadings 

are  before  the  court,  on  appeal  from  the  decision  upon  the  reserved  point. 

APPEAL  from  the  general  term  of  the  Supreme  Court,  in  the  sixth  dis- 
trict, where  a  judgment  entered  in  favor  of  the  plaintiff,  upon  a  point 
reserved  on  the  trial,  had  been  affirmed. 

This  was  an  action  of  trespass  for  the  wrongful  taking  of  a  wagon  belong- 
ing to  the  plaintiff,  by  virtue  of  a  warrant  issued  by  the  defendants,  as  trus- 
tees of  a  school  district  in  Tompkins  county,  for  the  collection  of  a  dis- 
trict school  tax  assessed  under  the  provisions  of  the  act  of  26th  March, 
1849.  The  complaint  merely  alleged  the  unlawful  taking  of  the  wagon,  in 
June  1850. 

The  defendants,  in  their  answer  alleged,  that  they  were  the  trustees  of 
the  school  district  No.  i,  in  Ulysses  and  Covert,  in  Tompkins  county; 
that  on  the  3d  May  1850,  a  tax  was  ordered  by  a  special  district  school  meet- 
ing, amounting  to  $380.10,  which  they,  in  pursuance  of  their  duty  as  trustees, 
assessed  upon  the  property  and  inhabitants  of  the  said  district,  and  issued 
their  warrant  for  the  collection  thereof;  that  the  plaintiff  was  assessed 
$25.23,  and  that,  upon  his  refusal  to  pay  the  same  to  the  collector,  the  latter 
levied  upon  the  plaintift''s  wagon. 

The  plaintiff,  in  his  reply,  insisted,  that  the  tax  was  unauthorized,  among 
other  reasons,  because  $250  thereof  was  assessed  under  the  provisions  of 


'Cited  in  Phoenix  Ins.  Co.  v.  Walsh,  29  Kan.  67s. 


FREE    SCHOOLS  517 

the  act  of  2gth  March  1850,  entitled  "  an  act  establishing  free  schools 
throughout  the  State,"  and  that  such  act  was  not  constitutionally  enacted; 
and  even  if  it  ever  did  become  a  law,  it  became  so  in  a  manner  unknown 
to  the  constitution,  and  contrarj-  to  its  provisions,  by  virtue  of  a  vote  at 
large  of  the  electors  of  the  state,  in  November  1849,  when  no  legislative  body 
recognised  by  the  constitution  was  in  session. 

The  act  in  question,  under  which  this  tax  was  assessed,  provided,  in  the 
tenth  section,  that  "  the  electors  shall  determine  by  ballot,  at  the  annual 
election  to  be  held  in  November  next,  whether  this  act  shall,  or  shall  not, 
become  a  law."  The  nth  and  12th  sections  prescribed  the  manner  in 
which  the  question  should  be  voted  on  by  the  people,  at  the  election.  And 
the  13th  and  14th  sections  provided  as  follows : 

Sec.  13.  "  The  inspectors  of  election,  in  the  several  election  districts,  shall 
furnish  a  separate  ballot-box,  in  which  shall  be  placed  all  the  ballots  given 
for  or  against  the  new  school  law.  The  inspectors  shall  canvass  the  ballots 
and  make  return  thereof  in  the  same  manner  as  votes  given  for  the  office 
of  governor  and  lieutenant-governor  are  by  law  canvassed  and  returned. 

Sec.  14.  "  In  case  a  majority  of  all  the  votes  in  the  State  shall  be  cast 
against  the  new  school  law,  this  act  shall  be  null  and  void ;  and  in  case  a 
majority  of  all  the  votes  in  the  state  shall  be  cast  for  the  new  school  law, 
then  this  act  shall  become  a  law,  and  shall  take  effect,  &c." 

On  the  trial  of  the  cause,  before  Shankland,  J.,  the  only  question  raised 
was,  as  to  the  legalit}-  of  the  tax.  The  learned  judge  submitted  to  the  jury 
the  question  of  fact  as  to  the  value  of  the  property  taken,  and  reserved  tlie 
law  of  the  case  for  the  consideration  of  the  court. 

The  jur>'  assessed  the  value  of  the  property  at  $50,  and  the  court  subse- 
quently decided  the  reserved  point  in  favor  of  the  plaintiff,  and  entered 
judgment  in  his  favor  for  the  damages  assessed;  which  having  been  affirmed 
at  general  term,  the  defendants  took  this  appeal. 

The  cause  was  submitted  on  printed  briefs,  and  the  court,  at  first,  doubted 
whether  they  could  go  behind  the  verdict,  and  consider  the  facts  admitted 
by  the  pleadings.  They,  however,  reconsidered  this  question,  and  unani- 
mously agreed  that  the  facts  admitted  were  before  them  for  consideration ; 
whereupon,  they  ordered  a  reargument  upon  the  main  question  in  the  cause, 
to  wit,  the  legality  of  the  tax. 

Dana,  for  the  appellants. 

Beardsley,  for  the  respondents. 

RuGGLES,  C.  J.  (after  stating  the  provisions  of  the  statute) — It  will  be 
observed,  that  although  the  act  directs  the  inspectors  of  election  in  each 
town  to  canvass  the  ballots  for  and  against  the  law,  and  to  make  return 
thereof,  in  the  same  manner  as  votes  for  governor,  and  lieutenant-governor 
are  canvassed  and  returned,  it  makes  no  such  provision  for  the  county  or 
state  canvass ;  and  it  gives  no  direction  to  the  county  clerks,  or  to  the  county 
or  state  canvassers,  in  relation  to  their  duty.  It  provides,  that,  if  a  majority 
of  all  the  votes  in  the  State  shall  be  against  the  law,  it  shall  be  void,  and, 
if  in  its  favor,  it  shall  be  valid;  but  it  fails  entirely  in  pointing  out  the 
mode  in  which  the  general  result  of  the  popular  vote  is  to  be  ascertained 
and  determined.  The  general  election  law  contains  no  provision  applicable 
to  this  case.     The  state  canvassers  could  not  have  been  made  answerable, 


5l8  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

civilly  or  criminally,  for  neglecting  or  refusing  to  canvass  the  votes  and  cer- 
tify the  result,  because  they  were  not  required  to  do  so  by  the  statute  itself, 
nor  by  the  general  election  law ;  whatever  they  may  have  done  in  regard  to 
it,  was  voluntary  and  unofficial. 

Courts  are,  in  general,  boimd  to  take  judicial  notice  of  public  statutes;  they 
have  the  means  of  knowing,  from  the  statute  books,  and,  therefore,  are  pre- 
sumed to  know  what  laws  are  in  force.  But  that  rule  is  inapplicable  to  a 
case  like  the  present ;  it  cannot  be  ascertained  from  the  statute  book,  whether 
the  act  of  1849  was  adopted  or  rejected  by  the  popular  vote.  The  certificate 
of  the  state  canvassers  would  not  be  legal  evidence  on  that  question,  because 
it  is  not  made  so  by  the  act,  and  because  they  had  no  authority  to  deter- 
mine or  certify  the  result  of  the  vote ;  the  act  of  1849  does  not  prescribe  the 
evidence  by  which  it  is  to  be  known  whether  the  act  took  effect  or  not.  It 
was  imperfect  in  its  provisions;  and  there  seems  to  be  no  mode  of  ascer- 
taining by  legal  evidence,  the  result  of  the  vote  upon  it,  except  by  the  pro- 
duction and  examination  of  the  returns  of  the  town  inspectors  of  elections; 
these  officers  only  were  empowered  to  make  the  certificates. 

In  the  present  case,  the  result  of  the  popular  vote  was  neither  admitted 
in  the  pleadings,  nor  established  by  evidence ;  and  there  was  a  total  defect 
in  the  proof  that  the  act  had  been  adopted  by  the  vote  of  the  people.  We 
should,  therefore,  be  compelled  to  affirm  the  judgment  of  the  Supreme  Court, 
for  the  want  of  this  proof,  whether  the  law  is  valid  or  not. 

But  upon  the  argument  in  this  court,  the  case  was  rested  mainly  on  the 
objection  to  the  validity  of  the  statute,  on  the  ground  that  it  was  never 
enacted,  in  form  or  spirit,  according  to  the  constitution,  and,  therefore, 
never  took  effect,  although  it  may  have  had  the  vote  of  the  people  in  its 
favor.  This  objection  to  the  validity  of  the  act  has  been  several  times  under 
consideration  in  the  supreme  court.  In  one  of  the  districts  it  was  held  to 
be  constitutionl  and  valid:  in  three  others,  it  was  adjudged  to  be  void.  The 
immediate  practical  importance  of  the  question  has  been  much  diminished 
by  the  enactment,  in  the  usual  form,  of  "  an  act  to  establish  free  schools 
throughout  the  State,"  passed  April  25th,  1851.  (Laws  1851,  p.  292.)  To 
this  statute,  the  objections  made  to  the  act  of  1849  do  not  apply.  The 
question  is,  however,  still  highly  important  in  regard  to  future  legislation, 
and  as  such  it  has  been  carefully  considered;  and  we  are  of  opinion,  that  the 
act  in  question  is  invalid,  because  the  provisions  contained  in  it  in  relation 
to  free  schools  were  never  constitutionally  enacted. 

The  legislative  power  in  this  State  is  vested  by  the  constitution  in  the 
Senate  and  Assembly  (art.  iii.,  sec.  i).  The  power  of  passing  general  stat- 
utes exists  exclusively  in  the  legislative  bodies;  in  one  instance  only,  it  is 
limited  or  qualified :  "  No  law  for  the  contracting  of  a  debt  shall  take 
effect,  until  it  shall,  at  a  general  election,  have  been  submitted  to  the  people, 
and  have  received  a  majority  of  all  the  votes  cast  for  and  against  it  at  such 
election"  (art.  vii.,  sec.  12).  In  this  special  and  single  case,  the  people,  by 
the  constitution,  reserved  legislative  power  to  themselves;  the  Legislature 
pass  the  bill,  in  the  usual  form  of  enactment,  but  the  statute  has  no  force 
or  authority,  until  it  is  sanctioned  by  a  vote  of  the  people;  in  substance  and 
reality,  the  Legislature  propose  the  law;  the  people  pass  or  reject  it  by  a 
general  vote ;  this  is  legislation  by  the  people. 


FREE   SCHOOLS  519 

The  exercise  of  this  power  by  the  people  in  other  cases  is  not,  expressly 
and  in  terms,  prohibited  by  the  constitution;  but  it  is  forbidden  by  neces- 
sarj'  and  unavoidable  implication.  The  Senate  and  Assembly  are  the  only 
bodies  of  men  clothed  with  the  power  of  general  legislation;  they  possess 
the  entire  power,  with  the  exception  of  above  stated;  the  people  reserved  no 
part  of  it  to  themselves,  excepting  in  regard  to  laws  creating  public  debt; 
and  can,  therefore,  exercise  it,  in  no  other  case. 

The  act  of  1849  does  not,  on  its  face,  purport  to  be  a  law  as  it  came 
from  the  hands  of  the  Legislature,  for  any  other  purpose  than  to  submit  to 
the  people  the  question  whether  its  provisions  in  relation  to  free  schools 
"should  or  should  not  become  a  law"  (sec.  10);  and  by  sec.  14,  the  act 
was  to  become  law  only  in  case  it  should  have  a  majority  of  the  votes  of  the 
people  in  its  favor.  Without  ccntr'adicting  the  express  terms  of  the  loth  and 
14th  sections,  it  cannot  be  said,  that  the  propositions  contained  in  it,  in  rela- 
tion to  free  schools,  were  enacted  as  law  by  the  Legislature;  they  were  not 
law,  or  to  become  law,  until  they  had  received  a  majority  of  the  votes  of  the 
people,  at  the  general  election,  in  their  favor,  nor  unless  they  received  such 
majority.  It  results,  therefore,  unavoidably,  from  the  terms  of  the  act 
itself,  that  it  was  the  popular  vote  which  made  the  law;  the  Legislature  pre- 
pared the  plan  or  project  and  submitted  it  to  the  people  to  be  passed  or 
rejected. 

The  Legislature  had  no  power  to  make  such  submission,  nor  had  the  peo- 
ple the  power  to  bind  each  other  by  acting  upon  it.  They  voluntarily  sur- 
rendered that  power,  when  they  adopted  the  constitution.  The  government 
of  this  State  is  democratic ;  but  it  is  a  representative  democracy,  and  in 
passing  general  laws,  the  people  act  only  through  their  representatives  in  the 
Legislature. 

In  Johnson  v.  Rich,  9  Barb.  680,  it  was  held  by  the  Supreme  Court  in  the 
7th  district,  that  the  act  in  question  was  a  valid  law*,  on  the  ground,  that  it 
was  a  conditional  statute,  made  to  take  eflfect  upon  the  happening  of  a  future 
contingent  event,  to  wit,  the  vote  of  a  majority  of  the  people  in  its  favor. 
It  is  not  denied,  that  a  valid  statute  maj'  be  passed,  to  take  eflfect  upon  the 
happening  of  some  future  event,  certain  or  uncertain;  but  such  a  statute, 
when  it  comes  from  the  hands  of  the  Legislature,  must  be  law  in  praesenti 
to  take  effect  in  futuro.  If  the  observations  already  made  are  correct,  the 
act  of  1849  was  not  such  a  statute.  But  if,  by  the  terms  of  the  act,  it  had 
been  declared  to  be  law  from  the  time  of  its  passage,  to  take  eflfect  in  case 
it  should  receive  a  majority  of  votes  in  its  favor,  it  would  nevertheless  have 
been  invalid,  because  the  result  of  the  popular  vote  upon  the  expediency  of 
the  law  is  not  such  a  future  event,  as  the  statute  can  be  made  to  take  eflfect 
upon,  according  to  the  meaning  and  intent  of  the  constitution. 

The  event  or  change  of  circumstances  on  which  a  law  may  be  made  to 
take  eflfect.  must  be  such  as,  in  the  judgment  of  the  Legislature,  affects  the 
question  of  the  expediency  of  the  law  —  an  event  on  which  the  expediency'  of 
the  law,  in  the  judgment  of  the  law-makers,  depends.  On  this  question  of 
expediency,  the  Legislature  must  exercise  its  own  judgment,  definitively  and 
finally.  When  a  law  is  made,  to  take  eflfect  upon  the  happening  of  such  an 
event,  the  Legislature,  in  eflfect,  declared  the  law  inexpedient,  if  the  event 
should  not  happen;  but  expedient,  if  it  should  happen.     They  appeal  to  no 


520  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Other  man  or  men  to  judge  for  them  in  relation  to  its  present  or  future 
expediency;  they  exercise  that  power  themselves,  and  thus  perform  the  duty 
which  the  constitution  imposes  upon  them. 

But  in  the  present  case,  no  such  event  or  change  of  circumstances  affecting 
the  expediency  of  the  law  was  expected  to  happen.  The  wisdom  or  expedi- 
ency of  the  free  school  act,  abstractly  considered,  did  not  depend  on  the 
vote  of  the  people ;  if  it  was  imwise  or  inexpedient  before  that  vote  was 
taken,  it  was  equally  so  afterwards. 

The  event  on  which  the  act  was  made  to  take  effect  was  nothing  else  than 
the  vote  of  the  people  on  the  identical  question  which  the  constitution  makes 
it  the  duty  of  the  Legislature  itself  to  decide.  The  Legislature  has  no 
power  to  make  a  statute  dependent  on  such  a  contingency,  because  it  would 
be  confiding  to  others  that  legislative  discretion  which  they  are  bound  to 
exercise  themselves,  and  which  they  can  not  delegate  or  commit  to  any  other 
man  or  men  to  be  exercised.  They  have  no  more  authority  to  refer  such  a 
question  to  the  whole  people  than  to  an  individual.  The  people  are  sov- 
ereign, but  their  sovereignty  must  be  exercised  in  the  mode  which  they  have 
pointed  out  in  the  constitution.  All  legislative  power  is  derived  from  the 
people ;  but  when  the  people  adopted  the  constitution,  they  surrendered  the 
power  of  making  laws  to  the  Legislature,  and  imposed  it  upon  that  body  as 
a  duty;  they  did  not  reserve  to  themselves  the  power  of  ratifying  or  adopt- 
ing laws  proposed  by  the  Legislature,  except  in  the  single  case  of  contract- 
ing public  debt.  They  probably  foresaw  the  evil  consequences  likely  to  arise 
from  such  a  reservation;  these  are  well  and  forcibly  expressed  by  Mr  Jus- 
tice Johnson,  in  his  opinion  in  the  case  of  Johnson  v.  Rich,  g  Barb.  686. 
"  I  regard  it,"  said  he,  "  as  an  unwise  and  unsound  policy,  calculated  to  lead 
to  loose  and  improvident  legislation,  and  to  take  away  from  the  legislator 
all  just  sense  of  his  high  and  enduring  responsibility  to  his  constituents  and 
to  posterity,  by  shifting  that  responsibility  upon  others.  Experience  has  also 
.shown,  that  laws  passed  in  this  manner  are  seldom  permanent,  but  are 
changed  the  moment  the  instrument  under  which  they  are  ratified  has 
abated  or  reversed  its  current;  of  all  evils  which  afflict  a  state,  that  of 
unstable  and  capricious  legislation  is  among  the  greatest." 

For  further  illustration,  let  us  suppose  that  the  loth  and  subsequent  sec- 
tions of  the  act  of  1849  had  directed  the  attorney-general,  or  the  archbishop 
of  the  Catholic  church,  or  the  common  council  of  the  city  of  New  York 
to  certify,  on  the  next  general  election  day,  whether,  in  his  or  their  opinion, 
that  act  ought  to  become  a  law;  and  had  further  provided,  that  the  act 
should  or  should  not  take  effect,  according  to  such  certificate ;  it  cannot  be 
pretended,  that  the  statute  would  have  become  operative,  upon  the  making 
of  the  certificate  in  its  favor.  The  constitution  does  not  authorize  the 
power  of  legislation  to  be  so  delegated.'  If  the  Legislature  can  not  delegate 
to  an  individual  the  authority  to  determine,  by  the  mere  exercise  of  his  judg- 
ment, whether  a  statute  ought  to  take  effect  or  become  a  law,  it  follows,  as 
a  necessary  consequence,  that  they  can  not  delegate  it  to  the  whole  people; 
the  constitution  has  no  more  authorized  it  in  the  latter  case  than  in  the  for- 
mer.   The  people  have  limited  the  exercise  of  their  own  power  to  the  modes 

*  See  People's  Railroad  v.  Memphis  Railroad,  10  Wall,  so;  Chase  v.  Miller,  41  Penn. 
St.  422;  Chief  Justice  Read  truly  says,  in  Locke's  Appeal,  72  Pa.  St.  504,  that  if  the 
Legislature  can  delegate  the  law-making  power  to  a  majority  of  the  voters,  they  can  also 
confer  it  upon   the   minority. 


FREE   SCHOOLS  521 

pointed  out  in  the  constitution ;  and  although  they  hold  the  ultimate  sover- 
eignty' of  the  State,  thej-  are  subject,  like  other  sovereigns,  to  established 
fundamental  law.  The  people  may  change  or  abrogate  that  law,  but  they 
are  bound  by  it,  until  changed  or  abrogated.  The  judgment  of  the  Supreme 
Court  ought  to  be  affirmed. 

WiLLARD,  J.— The  objection  to  the  law  is,  that  it  was  not  enacted  in  the 
manner  prescribed  by  the  constitution,  but  was  submitted  by  the  Legislature 
to  the  electors,  .o  determine  by  ballot,  at  the  annual  election  in  November 
1849,  whether  the  act  should,  or  should  not,  become  a  law. 

By  the  nth  section  of  the  7th  article  of  the  constitution,  the  Legislature 
is  prohibited  from  creating  any  debts,  except  such  as  are  specified  in  the 
loth  and  nth  sections  of  the  same  article,  unless  in  the  manner  therein 
mentioned;  and  no  such  law  shall  lake  effect,  until  it  shall,  at  a  general 
election,  have  been  submitted  to  the  people,  and  have  received  a  majority 
of  all  the  votes  cast  for  and  against  it,  at  such  election.  The  section  also 
provides,  that  on  the  final  passage  of  such  bill,  in  either  house  of  the  legis- 
lature, the  question  shall  be  taken  by  ayes  and  noes,  to  be  duly  entered  on 
the  journals  thereof,  and  shall  be  —  "Shall  this  bill  pass,  and  ought  the 
same  to  receive  the  sanction  of  the  people?"  A  subsequent  clause  in  the 
same  section  provides,  that  no  such  law  shall  be  submitted  to  be  voted  on, 
within  three  morrths  after  its  final  passage,  nor  at  any  general  election,  when 
any  other  law,  or  any  bill,  or  any  amendment  of  the  constitution,  shall  be 
submitted  to  be  voted  for  or  against.  This  is  the  only  case  in  which  a  law 
is  required  to  be  submitted  to  the  people;  and  there  is  no  other  part  of  the 
constitution  that  recognises,  even  by  implication,  the  right  of  the  Legisla- 
ture thus  to  delegate  their  trust.  It  is  worthy  also  of  remark,  that  in  this 
case,  the  Legislature  are  required  to  assume  all  the  responsibility  which 
attaches  upon  the  passage  of  a  law ;  for  they  are  required  to  respond  in  the 
affirmative,  not  only  to  the  question  whether  the  bill  shall  pass  their  respec- 
tive houses,  but  also  whether  it  ought  to  receive  the  sanction  of  the  people. 
The  members  of  the  Legislature,  therefore,  can  not,  in  making  a  submission 
to  the  people,  under  this  section,  elude  the  responsibility  which  properly 
belongs  to  their  station. 

I  pass  by,  as  inapplicable  to  this  discussion,  the  13th  article  of  the  con- 
stitution, which  i)rovides  for  the  submission  to  the  people,  by  the  Legisla- 
ture, of  proposed  amendments  to  that  instrument.  And  I  do  not  mean  to  lay 
much  stress  upon  the  implication  arising  from  the  express  provision  to  sub- 
mit a  law  creating  a  debt  to  the  people,  and  the  silence  of  the  constitution  in 
relation  to  submitting  to  the  people  other  matters  of  legislation.  The  maxim 
expressio  univtis  est  exclusio  alterius,  is  more  applicable  to  deeds  and  con- 
tracts than  to  a  constitution,  and  requires  great  caution  in  its  application, 
in  all  cases. 

The  present  question  must  be  decided  with  reference  to  our  existing  con- 
stitution. By  that  instrument,  the  legislative  power  of  the  State  is  vested  in 
a  Senate  and  Assembly  (const.,  art.  iii.,  sec.  i).  The  enacting  clause  of  all 
bills  is  required  to  be,  "  The  people  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows."  It  is  not  the  people  at  the 
polls,  who  enact  a  law,  but  the  people  represented  in  Senate  and  Assembly. 
Ever}'  bill,  before  it  becomes  a  law,  must  receive  the  assent  of  a  majority 


522  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

of  all  the  members  elected  to  each  branch  of  the  Legislature,  and  the  ques- 
tion upon  its  final  passage  must  be  taken  immediately  upon  its  last  reading, 
and  the  yeas  and  nays  entered  on  the  journal  (id.,  sec.  14,  15).  The  assent 
of  two-thirds  of  the  members  elected  to  each  house  is  requisite  to  every  bill 
appropriating  the  public  moneys  or  property  for  local  or  private  purposes 
(art.  i,  sec.  9).  On  the  final  passage  in  either  house,  of  every  act  which 
imposes,  continues  or  revives  a  tax,  or  creates  a  debt  or  charge,  or  makes, 
continues  or  revives  any  appropriation  of  public  or  trust  money  or  prop- 
erty, or  releases,  discharges  or  commutes  any  claim  or  demand  of  the  State, 
the  question  shall  be  taken  by  yeas  and  nays,  which  shall  be  duly  entered 
on  the  journal,  and  three-fifths  of  all  members  elected  to  either  house, 
shall,  in  all  such  cases  be  necessary  to  constitute  a  quorum  therein  (id., 
art.  vii,  sec.  14).  These  various  provisions  are  designed  to  insure  the  full 
attendance  of  both  houses,  when  a  bill  is  passed,  and  to  cause  the  members 
to  feel  their  individual  responsibility.  It  is  worthy  of  note,  that  the  act 
under  consideration  falls  within  the  14th  section  of  article  vii,  just  quoted, 
and  required  a  quorum  of  three-fifths  of  all  the  members  elected  to  both 
branches  of  the  Legislature  to  be  present  at  the  time  of  the  final  vote  on  its 
passage. 

All  the  foregoing  provisions  contemplate  that  a  law  receives  its  vitality 
from  the  Legislature.  The  representatives  of  the  people  are  the  law-makers, 
and  they  are  responsible  to  their  constituents  for  their  conduct  in  that 
capacity.  By  following  the  directions  of  the  constitution,  each  member  has 
an  opportunity  of  proposing  amendments ;  the  general  policy  of  the  law,  as 
well  as  the  fitness  of  its  details,  is  open  to  discussion.  The  popular  feeling 
is  expressed  through  their  representatives ;  and  the  latter  are  enlightened 
and  influenced  more  or  less  by  the  discussions  of  the  public  press. 

A  complicated  system  can  only  be  perfected  by  a  body  composed  of  a 
limited  number,  with  power  to  make  amendments  and  to  enjoy  the  benefit 
of  free  discussion  and  consultation.  This  can  never  be  accomplished  with 
reference  to  such  a  system,  when  submitted  to  a  vote  of  the  people;  they 
must  take  the  system  proposed  or  nothing;  they  can  adopt  no  amendments, 
however  obvious  may  be  their  necessity.  With  respect  to  the  single  case, 
where  the  constitution  requires  a  submission  of  the  law  to  the  people,  the 
inconvenience  is  less  felt,  because  only  a  single  proposition  is  submitted,  with 
respect  to  which  no  other  answer  can  be  given  than  yes  or  no. 

The  law  under  consideration  is  in  conflict  with  the  constitution  in  various 
respects.  Instead  of  becoming  a  law  by  the  action  of  the  organs  appointed 
by  the  constitution  for  that  purpose,  it  claims  to  become  a  law  by  the  vote 
of  the  electors ;  and  it  claims  that  the  popular  vote  may  make  it  void  and 
restore  the  former  law.  All  the  safeguards  which  the  constitution  has 
provided  are  broken  down,  and  the  members  of  the  Legislature  are  allowed 
to  evade  the  responsibility  which  belongs  to  their  office. 

It  is  not  denied,  that  a  law  may  be  passed  to  take  effect  on  the  happening 
of  a  future  event;  there  are  numerous  examples  of  this  species  of  legislation, 
which  are  not  obnoxious  to  any  objection.  The  general  appropriation  bill 
each  year  aflfords  numerous  specimens:  thus,  an  appropriation  of  $4000  is 
usually  made  for  the  apprehension  of  fugitives  from  justice;  the  money  is 
not  payable,  until  a  fugitive  has  been  apprehended,  and  the  requisite  evidence 


FREE    SCHOOLS  523 

of  the  arrest,  together  with  the  amount  of  expenses,  furnished  to  the  proper 
officer.  There  is  also  a  standing  appropriation  for  the  apprehension  of 
criminals,  which  does  not  become  payable,  until  the  criminal  has  been 
arrested,  and  the  proof  thereof  has  been  produced.  But  in  all  these  cases, 
the  law  does  not  derive  its  power  from  the  arrest  of  the  fugitive  or  the 
apprehension  of  the  criminal,  but  from  the  Legislature.  Those  cases  are 
widely  different  from  this;  here,  the  law  was  not  in  force  until  the  people 
had  cast  a  majority  of  votes  for  it  in  a  given  way:  in  the  other  case,  the 
law  is  in  force,  whether  there  be  a  fugitive  or  a  criminal  or  not.  The  future 
event  gives  no  additional  efKcacy  to  the  law,  but  furnishes  the  occasion  for 
the  exercise  of  its  power. 

The  fundamental  error  of  the  court  in  Johnson  v.  Rich  (9  Barb.  680) 
consists  in  confounding  laws  which  become  operative  at  a  future  day,  with 
laws  which  do  not  become  operative  until  approved  by  a  popular  vote.  In 
the  first  case,  the  law  is  complete,  W'hen  it  has  passed  through  the  forms 
prescribed  by  the  constitution,  though  its  influence  may  not  be  felt  until 
a  subject  matter  has  arisen  upon  which  it  can  act.  A  law  punishing  murder 
w  ith  death,  is  inoperative,  until  a  murder  has  been  committed ;  it  is  not, 
however,  the  murder  which  imparts  efficacy  to  the  law ;  the  latter  was  com- 
plete when  first  enacted ;  and  the  murder  merely  affords  the  opportunity  for 
awakening  its  energies ;  had  no  murder  ever  been  committed,  it  would  still  be 
a  law,  threatening  vengeance  on  the  crime  whenever  it  should  be  perpetrated. 

It  was  far  otherwise  with  the  free  school  law ;  had  a  majority  of  the 
electors  failed  to  vote  for  it,  no  one  pretends  that  it  would  have  been  a 
law.  The  voting  by  the  electors  does  not  furnish  the  occasion  for  the 
exercise  of  the  power  of  the  law,  but  was  designed  to  give  vitality  to  what 
was  before  lifeless.  In  short,  the  law  was  a  mere  proposition  submitted  to 
the  people,  to  be  adopted  or  rejected  as  they  pleased.  If  this  mode  of 
legislation  is  permitted  and  becomes  general,  it  will  soon  bring  to  a  close  the 
whole  .system  of  representative  government  which  has  been  so  justly  our  pride. 
The  Legislature  will  become  an  irresponsible  cabal,  too  timid  to  assume 
the  responsibility  of  law-givers,  and  with  just  wisdom  enough  to  devise 
subtle  schemes  of  imposture  to  mislead  the  people.  All  the  checks  against 
improvident  legislation  will  be  swept  away,  and  the  character  of  the  con- 
stitution will  be  radically  changed. 

Without  enlarging  upon  this  subject,  or  reviewing  the  decisions  in  other 
states,  adverse  to  this  mode  of  legislation,  I  think,  it  is  in  conflict  with  our 
constitution. 

Judgment  affirmed. 

LEGISLATION  FROM  1853  TO  1868 
The  following  i.s  .some  interesting  legislation  during  the  period 
1853-68  in  regard  to  free  schools  and  the  establishment  of  "  tuition 
and  rates." 

Act  of  April  II,  185s;   Chapter  133 
Elstablishcs  a  board  of   education  in   the  village  of   Fort  Covington  and 
gives  the  board  of  education  the  power  to  regulate  and  to  establish  the  terms 
of  tuition  fees  for  such  resident  and  nonresident  pupils  as  are  enrolled  in  the 
institution. 


524  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Act  of  June  4,  1853;  Chapter  305 
In    making    possible    the    consolidation    of    the    several    school    districts 
lying  within  the  village  of  Polask\-  gives  the  board  of  education  power  to 
regulate   and  establish   the  terms  of   tuition    fees  and  the   rates  of  charges 
for  instruction  for  all  pupils  entering  the  school. 

Act  of  June  18,  1853;  Chapter  417 
Reference  to  an  act  providing  free  schools  for  the  town  of  Bushwick  as 
passed  October  16,  1847. 

Act  of  June  18,  1853;  Chapter  433 
An  act  providing  for  the  establishment  of  union  free  schools. 
"  Whenever  fifteen  persons  entitled  to  vote  at  any  meeting  of  the  inhabi- 
tants of  an3'  school  district  in  the  State  shall  sign  or  call  for  any  such  meeting 
to  be  held  for  the  purpose  of  determining  by  a  vote  of  such  district  whether 
an  union  free  school  shall  be  established  therein  in  conformity  with  the 
provision  of  this  act." 

Act  of  July  18,  1S33;  Chapter  533 
Provides    for    the    establishment    of    free    schools    within    the    village    of 
Jamaica  in  the  county  of  Queens. 

Act  of  April  15,  1854;  Chapter  314 

This  act  provides  the  village  of  Sing  Sing  shall  be  formed  a  permanent 
school  district. 

"The  village  of  Sing  Sing  shall  form  a  permanent  school  district;  and 
the  electors  residing  within  the  bounds  of  said  village,  at  their  annual 
charter  election  or  at  any  time  thereafter,  upon  the  usual  notice  being  given, 
may  determine  by  a  majority  of  votes,  by  ballot,  upon  the  expediency  of 
establishing  free  schools  in  said  village.  The  trustees  of  the  village  shall 
conduct  the  election,  and  the  ballots  having  written  or  printed  on  them  the 
words  "  For  free  schools,"  or  "Against  free  schools,"  shall  be  duly  canvassed, 
and  the  result  declared  by  them  in  the  usual  manner." 

The  Act  of  April  7,  1856;  Chapter  ug 
In  relation  to  the  school  district  known  as  the  Lyon  Union  School  of  the 
town  of  Lyon,  Wayne  county,  provides  that  a  board  of  education  shall  have 
power  and  it  shall  be  their  duties  to  fix  the  rate  of  tuition  in  the  said 
school  subject  to  the  limitations  and  restrictions  hereinafter  contained  and 
to  designate  some  person  or  persons  to  whom  the  same  may  be  paid  and 
to  exempt  from  payment  of  the  whole  or  part  of  the  tuition  fee  such 
persons  as  they  may  deem  entitled  to  such  exemption. 

Act  of  April  7,  1857;  Chapter  305 

Provides  for  the  town  of  Mentz  in  the  county  of  Cayuga  a  free  school 
district  to  be  known  as  the  Port  Byron  free  school  district,  but  in  the  act 
among  the  duties  of  the  board  of  education  is  to  establish  and  regulate  the 
tuition  fee  for  those  scholars  residing  in  the  said  district  and  attending  the 
academy  in  that  district. 


FREE    SCHOOLS  52$ 

Act  of  April  7,  1857;  Chapter  296 
In  relation  to  the  consolidated  school  district  no.  i  in  the  town  of  Palmyra, 
Wayne  county,  provides  that  the  tuition  fee  in  the  several  departments  or 
grades  in  the  said  school  shall  not  for  the  pupils  \\-hose  parents  or  guardians 
reside  within  the  territory  of  said  district  exceed  per  term  or  quarter  for 
each  pupil  as  follows :  that  is  to  sa\',  in  the  first  grade  such  tuition  shall  not 
exceed  $l.oo;  the  second  grade.  $1.25;  in  the  third  grade,  $2;  in  the  fourth 
grade,  $2.50. 

Act  of  April  16,  1868;  Chapter  222 

Empowers  the  board  of  education  of  the  union  school  in  the  school  district 
no.  10  in  the  town  of  Warsaw  to  establish  rates  of  tuition  in  the  academical 
department  of  said  union  school  and  to  collect. 

Act  of  April  2,  1855;  Chapter  140 
Provides   free  schools  for  district  no.  13  in  the  town  of  Taghanic  in  the 
county  of  Columbia. 

Act  of  April  10,  1857;  Chapter  333 

Provides  for  free  schools  in  the  town  of  Lansingburgh  in  the  county  of 
Rensselaer. 

Act  of  April  14,  1858;  Chapter  192 

Provides  that  the  Clyde  High  School  in  the  town  of  Clyde  shall  be  free 
to  all  children  between  the  ages  of  four  and  twent>'-one  years  residing  in 
that  district. 

Act  of  April  4,  1839;  Chapter  113 

An  act  in  relation  to  the  common  schools  in  the  village  of  Elmira,  provides 
that  all  schools  organized  under  this  act  shall  be  free  to  all  pupils  between 
the  ages  of  four  and  twenty-one  years  who  are  actually  resident  of  the  said 
union  school  district. 

Act  of  April  14,  1859;  Chapter  303 
Provides  that  the  public  schools  in  district  no.  4  in  the  town  of  Orangetown 
in   the  count)-  of   Rockland  shall  be   free  to  all  children   residing  in  that 
district. 

Act  of  April  9,  i860;  Chapter  211 
Provides  that  the  school  in  district  no.  i  in  the  town  of  Salina,  county  of 
Onondaga,  shall  be  free  to  all  persons  between  the  ages  of  four  and  twenty- 
one  years  residing  in  that  district. 

Act  of  February  27,  1865;  Chapter  54 

An  act  which  states  that  the  trustees  of  the  school  district  no.  8  of  the 
town  of  Phelps  in  Ontario  county  shall  not  hereafter  collect  or  receive 
any  fees  or  compensation  for  instruction  in  the  schools  under  the  charge  of 
such  trustees  of  said  district  of  pupils  whose  parents  or  guardians  reside 
v.ithin  the  territory  embraced  in  said  district. 

Act  of  March  31,  1847;  Chapter  51 
In  relation  to  the  common  schools  of  the  village  of  Lockport,  places  among 
the  duties  of  the  board  of  education  to  fix  the  rate  of  tuition  fee  in  said 
union  schools  and  to  exempt  those  who  are  unable  to  pay. 


526  THE    UXIVERSITV    OF    THE    STAfE    OF    NEW    YORK 

In  March  18,  1850,  chapter  77,  another  act  relating  to  the  common  schools 
of  the  village  of  Lockport,  was  passed  in  which  it  was  stated  that  the  acts 
of  March  31,  1847  were  not  altered  or  effected  by  the  free  school  act  of 
March  26,  1849  and  authorized  the  board  of  education  to  increase  the  rate 
of  tuition  fees  of  the  union  schools  under  their  charge.  It  also  provides 
that  the  board  shall  not  raise  b\-  tax  any  money  for  the  teachers  in  the 
union  school  and  likewise  adds  that  after  the  first  daj'  of  April,  1850,  that 
so  long  as  the  common  schools  of  this  State  shall  be  free,  the  said  board 
of  education  shall  cause  each  of  the  secondary  schools  under  its  charge  to 
be  taught  by  a  competent  male  teacher  and  said  secondary  schools  shall  be 
free,  but  for  the  time  prior  to  said  first  day  of  April  next,  said  board  may 
collect  tuftion  fees  for  instruction  therein. 

Act  of  March  ig,  1861 ;  Chapter  60 
States   that    the   district   no.    f6   in   the  town   of   Ithaca   in   the   county   of 
Tompkins  shall  form  a  permanent  school  district  and  the  said  district  shall 
be  free  to  all  children  residing  therein  between  the  ages  of  four  and  twenty- 
one  years  and  no  rate  bill  shall  hereafter  be  imposed. 

Act  of  April  13,  1861;  Chapter  212 
States  that  the  school  district  no.  18  in  the  town  of  Fishkill,  in  Dutchess 
county,  shall  be   free  to  all  children  between  the  ages  of  five  and  twenty- 
one  years  residing  in  the  district. 

Act  of  April  ig,  186 1;  Chapter  322 

In  the  act  relating  to  the  schools  of  the  village  of  Binghamton  it  provides 
that  the  school  organized  under  this  act  shall  be  free  to  all  pupils  between 
tlie  ages  of  four  and  twenty-one  years. 

Act  of  April  10,  1863;  Chapter  116 
Establishes  a  free  school  in  district  no.  i  in  the  town  of  Hempstead. 

Act  of  May  2,  1864;  Chapter  535,  Title  9 
An  act  to  revise  and  consolidate  the  general  acts  relating  to  public  instruc- 
tion. 

UNION    FREE    SCHOOLS 

"  Whenever  fifteen  persons  entitled  to  vote  at  any  meeting  of  the  inhabi- 
tants of  any  school  district  in  the  State  shall  sign  and  call  for  a  meeting  to 
be  held  for  the  purpose  of  determining  whether  a  union  free  school  shall 
be  established  therein  in  conformity  with  the  provisions  of  this  title,  it  shall 
be  the  duty  of  the  trustees  of  such  district  within  ten  days  after  such  call 
shall  have  been  presented  to  them  to  give  public  notice  that  a  meeting  of 
the  inhabitants  of  such  district  entitled  to  vote  thereat  will  be  held  for  such 
purpose  as  aforesaid  at  the  school  house  or  other  more  suitable  place. 

"  The  establishment  of  the  union  free  schools  shall  be  determined  by  a 
two-thirds  vote  of  those  present  and  entitled  to  vote." 

Act  of  April  2g,  1863;  Chapter  252 
Provides   free  schools   for  the  Gowanda  union  schools  in  Gowanda,  this 
State. 


FREE   SCHOOLS  52/ 

Act  of  May  5,  1S63;  Chapter  459 
Consolidates  tht   school  districts  no.  i  and  9  of  the  town  of  Hancock  in 
the  county  of  Delaware  and  provides  that  the  schools  organized  under  this 
act  shall  be  free  to  all  pupils  who  are  actually  residents  of  the  said  district. 

Act  of  April  15,  1864;  Chapter  194 
Provides  for  a  free  school  in  the  town  of  Hoosick. 

Act  of  April  2S,  1864;  Chapter  327 
Provides  that  the  several  proceedings  taken  to  organize  the  union  free 
school  of  the  town  of  Alika  formed  by  consolidating  districts  nos.  i,  2,  3,  6, 
10  and  16  in  said  town  are  hereby  confirmed  and  legalized  and  the  tax  levied 
by  the  board  of  trustees  of  said  union  free  school  to  purchase  a  site  for  the 
schoolhouse  is  declared  valid. 

A^ct  of  April  2$,  1864;  Chapter  309 
Provides  that  the  schools  within  the  corporated  limits  of  Owego  village 
shall  be  free  to  all  pupils  between  the  age  of  five  and  twenty-one  residing  in 
its  district  and  no  rate  bill  shall  hereafter  be  imposed  therein. 

Act  of  February  28,  1865;  Chapter  63 

Provides  that  the  common  school  in  school  district  no.  4  in  the  town  of 
Fishkill,  Dutchess  county,  shall  be  free  to  all  children  between  the  ages  of 
five  and  twenty-one  years  residing  in  said  district  and  rate  bills  therein  are 
hereby  abolished. 

Act  of  March  7,  1865;  Chapter  88. 

Provides  that  every  district  or  common  school  located  in  the  village  of 
Newburgh  including  the  Newburgh  High  School  and  everj'  school  which  may 
hereafter  be  located  in  said  village  under  this  act  shall  be  free  to  all 
children  between  the  ages  of  five  and  twenty-one  residing  in  said  village. 

Act  of  April  IT,  1865;  Chapter  386 
Confirms  the  proceedings  under  which  a  union  free  school  was  formed 
by  the  consolidation  of  school  districts  no.  8  of  the  town  of  Vernon,  Oneida 
county,  no.  22  of  the  town  of  Lenox,  Madison  county  and  the  portion  of  the 
public  square  of  Oneida-Castleton  together  with  the  academy  building  thereon 
to  the  board  of  education  of  said  union  free  school  for  their  sole  use. 

Act  of  April  17,  1865;  Chapter  458 
Provides  that  all  that  town  of  Schroeppel  not  included  in  the  village  of 
Phoenix  and  all  that  shall  hereafter  be  added  thereto  and  all  the  territory 
now  included  in  what  is  known  as  school  district  no.  12  shall  hereafter  form 
but  one  school  district  to  be  known  as  the  Phoenix  free  school  district. 

Act  of  May  t,  1865;  Chapter  631 
Establishes  a  union  free  school  in  district  no.  2  in  the  town  of  Pough- 
keepsie. 

Act  of  February  ig,  1866;  Chapter  57 

Provides  that  the  common  schools  in  the  village  of  Elmira  shall  be  free 
to  all  pupils  between  the  age  of  five  and  twenty-one. 


528  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Act  of  March  15,  1866;  Chapter  J 51 
Provides  that  the  school  district  no.  r6  with  the  town  of  Pittstown  hi  the 
county  of  Rensselaer  shall  hereafter  be  a  free  school  district. 

Act  of  March  22,  1866;  Chapter  igs 
Provides  that  the  towns  of  Little  Falls  and  Monheim,  Herkimer  county, 
is  hereb}-  constituted  a  free  school  district. 

Act  of  April  7,  1866;  Chapter  444 
Creates  a  board  of  public  instruction  for  the  city  of  Albany  and  provides 
that  the  tuition  of  the  pupils  in  the  several  schools  under  the  charge  of  the 
board  shall  be  free  to  all  persons  who  are  resident  of  the  said  city  and  entitled 
to  attend  same. 

Act  of  May  8,  1867;  Chapter  810 
Provides  for  the  consolidation  of  school  districts  nos.   r,  2  and  5  of  the 
town  of  Plattsburg  into  one  single  school  district  free  only  to  those  members 
residing  in  the  district. 

MESSAGES  FROM  THE  GOVERNORS. 

The  following  extracts  from  the  messages  of  the  several  Governors, 
during  the  period  1855-68,  on  education  are  of  particular  interest. 

On  June  2,  1855,  Governor  Clark  presented  the  following  dis- 
cussion of  the  public  school  question: 

Among  the  subjects  which  will  require  your  attention  there  is  none  of 
more  importance  than  the  system  of  public  education  of  the  State.  The 
magnitude  of  this  interest  has  always  been  felt  and  appreciated  by  the  people, 
and  the  State  has  shown  from  the  earliest  period  of  its  existence,  an  earnest 
desire  to  provide  the  means  for  the  adequate  instruction  of  all  the  children 
within  its  limits.  For  a  long  time  the  system  pursued  was  based  on  the 
assumption  that  education  was  mainly  a  matter  of  personal  interest,  and 
that  the  duty  of  providing  it  devolved  exclusively  upon  parents;  the  instruc- 
tion of  the  children  of  those  whose  poverty  would  not  permit  them  to  incur 
the  expense  of  it  themselves  being  made  to  depend  upon  the  public  charity. 
The  inefficiency  of  this  policy,  its  failure  to  accomplish  the  object  aimed  at, 
and  especially  its  direct  tendency  to  create  distinctions  hostile  to  the  spirit 
and  character  of  our  institutions,  led  to  its  abandonment;  and,  a  system, 
based  upon  the  principle  that  the  State  is  even  more  deeply  and  permanelty 
interested  in  the  education  of  its  children  than  their  parents,  and  that  the 
expense  of  providing  it  should  be  borne  by  the  aggregate  of  the  property 
within  its  limits,  was  adopted  in  its  stead.  Under  the  existing  law,  therefore, 
the  State  assumes  the  charge  of  public  education, —  committing  its  direction  to 
local  officers  and  paying  the  cost  of  it  out  of  its  own  treasury.  The  system  is 
comparatively  new,  and  some  practical  defects  are  as  yet  exhibited  in  its 
workings;  but  they  are  such  as  spring  chiefly  from  the  failure  to  give 
full  and  complete  development  to  its  fundamental  principles,  and  may  easily 
be  remedied  by  judicious  legislation.  The  system  itself  is  believed  to  be 
thoroughly  rooted  in  the  confidence  and  favor  of  the  people. 


FREE   SCHOOLS  529 

The  whole  amount  of  money  apportioned  by  the  Superhitendent  of  Public 
Instruction  is  $1,055,000,  of  which  $800,000  was  raised  by  a  general  tax,  and 
$255,000  from  the  income  of  the  common  school  and  U.  S.  deposit  funds. 
The  whole  amount  expended  for  public  schools  is  $2,666,609.36,  of  which 
$1,929,884.49  was  applied  to  the  payment  of  teachers,  and  $47,657.06  for  the 
district  libraries.  The  whole  number  of  district  schools  reported  for  the 
year  is  11,798;  and  the  whole  number  of  children  in  the  State  of  the  age 
required  to  draw  public  money  1,186,709.  There  have  been  877,201  in 
attendance  upon  the  district  schools ;  in  academies  under  the  supervision  of 
the  Regents  of  the  University,  37,406;  34,279  in  unincorporated  private 
schools,  and  4,568  in  colored  schools.  The  average  number  of  months  during 
which  the  schools  have  been  kept  in  the  several  districts  is  eight.  The 
number  of  volumes  in  the  district  libraries  is  1,571,270. 

These  results  exhibit  a  gratifying  increase  in  the  number  attending  the 
district  schools  over  the  previous  year.  But  it  will  still  be  seen  that  of  the 
whole  number  of  children  of  suitable  age  in  the  State  there  are  309,508,  or 
nearly  one-fourth  of  the  whole  number,  who  do  not  attend  the  district 
schools,  and  233,255,  or  about  twenty  per  cent,  of  the  whole  number,  who  do 
not  attend  any  school.  In  view  of  the  provision  which  has  been  made  for 
the  express  purpose  of  securing  the  education  of  all,  this  proportion  is  much 
too  large;  and  indicates  some  defect  in  the  system  pursued,  because  it  does 
not  completely  attain  the  object  at  which  it  aims.  That  it  does  not,  may  be 
partly  due  to  the  mode  of  distributing  the  public  funds.  By  the  existing  law, 
two-thirds  of  the  public  funds  are  distributed  among  the  various  districts  of 
the  State,  in  proportion  to  the  whole  number  of  children  of  a  specified  age 
within  their  limits,  whether  they  attend  the  schools  or  not.  If  the  apportion- 
ment of  the  public  money  were  made  to  depend  upon  the  number  of  attending 
school  and  upon  the  regularity  of  their  attendance,  it  would  become  the 
interest  of  the  citizens  generally  to  promote  the  regular  attendance  of  all 
the  children  within  their  limits.  An  amendment  of  the  law  which  should 
give  it  this  direction  would,  I  believe,  tend  to  secure,  more  fully,  the  desired 
result.  The  law  is  defective,  also,  in  that  it  fails  to  carry  out  fully  and 
completely  the  principle  on  which  it  is  based.  Education  in  the  district 
schools  is  not  yet  entirely  free.  If  the  cost  of  the  schools  in  any  district 
exceeds  the  amount  of  money  received  from  the  State,  the  deficiency  is 
made  up  by  a  rate  bill,  assessed  upon  those  who  send  their  children  to 
school ;  and  those  who  are  unable  to  pay  this  assessment  are  received  at 
the  public  expense,  and  thus  become  the  recipients  of  public  charity.  The 
worst  element  of  the  old  system  is  thus  preserved,  and  the  fundamental 
principle  of  the  new  law  fails  of  its  application  in  its  most  essential  point. 
Education  is  still  regarded  as  a  matter  of  charity  and  not  of  right;  and  so 
long  as  this  continues  to  be  the  case,  in  any  degree  or  to  any  extent,  it  will 
detract  from  the  full  measure  of  usefulness  which  the  system  is  designed  to 
secure.  This  evil  in  the  system  can  be  remedied,  only  by  making  the 
schools  entirely  free. 

The  attention  of  the  Legislature  should-  also  be  directed  to  measures  for 
improving  the  character  of  the  schools,  for  increasing  their  efficiency,  and 
for  elevating  and  extending  the  instruction  which  they  impart.  In  a  State 
where  every  citizen  should  take  an  active  interest  in  the  administration  of 
public  affairs,  and  may  be  called  upon  to  perform  the  highest  duties  of  pub- 

34 


530  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

lie  life,  it  is  important  that  popular  education  be  carried  to  the  highest  point 
which  the  means  of  the  State  will  allow.  It  has  been  objected  to  the  system 
of  free  schools,  that  people  do  not  prize  that  which  costs  them  nothing,  and 
that  relieving  individuals  from  the  expense  of  educating  their  children  will 
diminish  their  interest  in  the  subject  and  lead  them  to  relax  the  vigilance 
which  is  essential  to  the  highest  excellence  in  the  public  schools.  There  is 
undoubtedly  some  force  in  the  suggestion,  though  experience  shows  that  it  is 
much  less  than  is  sometimes  supposed.  But  whether  it  be  more  or  less,  it 
is  entitled  to  consideration,  and  provision  should  be  made  for  obviating  the 
objection  in  any  system  of  education  which  the  State  may  adopt. 

The  connection  of  our  common  schools  with  the  higher  institutions  of 
learning,  with  academies  and  colleges,  making  them  all,  in  fact,  parts  of  one 
great  system,  could  not  fail  to  contribute  essentially  to  their  elevation,  and 
bring  the  means  of  a  thorough  and  complete  education  within  the  reach  of 
all.  In  the  city  of  New  York,  where  the  free  school  system  of  the  State  has 
been,  perhaps,  more  completely  developed  than  in  any  other  section,  the  bene- 
fits of  substantiall}'  such  a  union  are  very  conspicuous.  A  free  academy  has 
been  added  to  the  system,  in  which  a  large  and  competent  corps  of  pro- 
fessors and  tutors  has  been  provided,  a  plan  of  study  extending  over  five 
years  and  embracing  all  the  branches  of  study  pursued  in  the  best  colleges 
of  the  country  has  been  adopted,  scientific  apparatus,  libraries,  and  all  the 
aids  requisite  for  study  have  been  furnished,  and  the  general  discipline  and 
course  of  instruction  have  been  made  in  all  respects  of  the  highest  and  most 
efficient  character.  Pupils  who  shall  have  attended  any  of  the  district 
schools  for  eighteen  months,  maintained  throughout  a  good  standing  and 
character,  and  passed  a  satisfactory  examination  in  certain  specified  studies, 
are  admitted  to  the  academy  and  entitled  to  the  full  enjoyment  of  its  advan- 
tages, free  of  all  expense.  The  academy  has  been  in  operation  only  three  or 
four  years,  and  the  average  number  of  its  students  is  over  four  hundred. 
The  attendance  shows  that  its  benefits  are  fully  appreciated.  But  besides 
the  thorough  and  most  useful  instruction  conferred  upon  so  large  a  number 
of  the  children  and  youth  of  the  community,  its  most  marked  advantages 
are  seen  in  the  influence  which  it  exerts  upon  the  common  schools,  stimu- 
lating their  teachers,  trustees,  inspectors  and  pupils  alike  to  a  generous 
rivalr>-,  increasing  their  vigilance  and  their  industry,  and  rendering  them 
zealous  and  emulous  in  sending  the  best  pupils  to  the  academy,  whose  facili- 
ties for  education  are  the  prize  for  which  all  maj'  alike  contend.  While 
I  am  aware  that  large  cities  afford  facilities  for  such  a  system,  which  can- 
not be  fully  enjoyed  in  the  rural  districts,  I  think  that  something  may  be 
done  throughout  the  State  in  this  direction.  A  voluntary  beg^inning,  indeed, 
has  already  been  made  in  some  sections,  by  the  establishment  of  union 
schools ;  and  their  success  shows  that  the  system  is  not  wholly  impracticable. 
I  think  that  the  time  has  come  when  higher  purposes  and  broader  views  may 
be  entertained  in  rgard  to  our  system  of  State  education;  and  that  our  acad- 
emies may  be  brought  into  a  more  direct  and  immediate  connection  with  the 
general  plan,  and  thrown  more  widely  and  more  freely  open  to  the  advan- 
tages they  are  intended  to  confer.  The  character  of  their  instruction  should 
be  elevated,  and  its  range  extended;  and  they  should  be  more  completely 
furnished  with  apparatus  and  the  means  of  imparting  knowledge  in  those 


FREE  SCHOOLS  531 

sciences  which  are  of  the  most  service  in  practical  life.  By  making  free 
admission  to  the  thorough  and  complete  education  they  would  then  afford, 
the  reward  of  excellence  in  our  district  schools,  a  stimulus  would  be  fur- 
nished which  could  not  fail  to  be  felt  beneficially  upon  their  discipline  and 
character.  It  would  be  highly  desirable  to  bring  the  colleges  of  the  State 
into  harmonious  connection  with  such  a  plan,  so  that  they  might  become 
more  directly  recognized  as  members  of  our  general  system  of  State  educa- 
tion and  as  essential  to  its  completeness  and  perfection. 

In  the  following  year,  1856,  Governor  Clark  again  calls  attention 
to  the  policy  of  free  schools  as  follows : 

I  would  also  suggest  the  expediency  of  making  the  schools  of  the  State 
entirely  free.  Twice  when  this  question  has  been  submitted  to  the  people, 
their  verdict  has  been  rendered  by  a  large  majority  in  favor  of  it. 

There  is  evidently  a  growing  repugnance  to  the  rate  bill  system,  and  it  is 
now  time  that  the  subject  of  its  final  abolition  was  fully  discussed.  The 
imposition  of  an  additional  tax  for  the  maintenance  of  public  schools  for  a 
given  time,  not  less  than  eight  months,  to  be  assessed  upon  the  several  towns 
in  conformity  with  the  recommendation  of  their  respective  boards  of  educa- 
tion, would  supply  all  the  means  requisite  for  schools  during  each  year.  If, 
instead  of  school  districts  as  now  organized,  it  should  be  left  discretionary 
with  the  educational  officers  of  each  town  to  establish  schools  whenever 
necessary  in  different  localities  in  the  town,  it  would  be  far  easier  to  dis- 
burse the  school  moneys  equitably  than  under  the  present  arrangement, 
where  districts  are  formed  of  different  sizes,  and  with  no  general  regulation 
as  to  population  or  available  resources.  This  policy  has  been  adopted  in 
several  States  tvith  decided  advantage.  The  interminable  controversies 
between  school  districts,  the  adjudication  of  which  occupies  so  large  a  propor- 
tion of  the  attention  of  the  State  Superintendent,  and  which  seem  every  year 
to  become  more  numerous,  more  bitter,  and  more  mischievous,  would  be  obvi- 
ated. A  more  equitable  division  of  the  school  moneys,  greater  economy  in 
their  application,  and  the  convenience  of  the  public,  would  be  effected. 

The  amount  of  school  moneys  apportioned  by  the  Superintendent  of  Pub- 
lice  Instruction  for  the  current  year  is  $1,110,000,  of  which  $800,000  are 
derived  from  a  general  tax,  $165,000  from  the  income  of  the  United  States 
deposit  fund,  and  $145,000  from  the  income  of  the  common  school  fund. 

The  amoimt  reported  as  having  been  expended  for  the  payment  of  teach- 
ers' wages  for  the  year  1854  was  $2,301,411.25;  for  libraries,  $55,216.31;  for 
school  house  sites,  school  houses  and  fuel,  $863,990.53;  total,  $3,220,618.08. 
The  amount  of  money  raised  by  tax  in  those  districts  where  free  schools 
are  maintained,  and  the  amounts  raised  by  rate  bill,  are  not  separately 
stated,  but  it  is  certain  that  the  former  considerably  preponderate.    .     .     . 

Defects  in  our  public  school  policy,  and  the  legislation  necessary  to  remedy 
them,  will  demand  j'our  earnest  attention.  A  modification,  that  shall  secure 
greater  economy  of  the  public  treasure  and  an  extension  of  the  system  to 
all  the  children  of  the  State,  seems  to  me  obviously  necessary.  Particular 
attention  should  be  directed  to  the  academies  now  deriving  a  revenue  from  the 
literature  fund.  I  would  suggest  that  a  board  of  commissioners  be 
appointed  to  visit  them,  examine  their  management,  ascertain  to  what  extent 


532  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

they  have  complied  with  the  regulations  prescribed  by  the  Board  of  Regents, 
and  report  the  results  of  the  investigation  to  the  Legislature  at  its  next 
session. 

I  cannot  regard  our  school  system  as  complete  until  it  shall  extend  free 
academical  instruction  to  every  child  residing  in  the  State  desirous  of  its 
benefits. 

Governor  Morgan,  in  1861,  reported: 

Our  educational  system  is  justly  the  pride  of  the  commonwealth.  Grant- 
ing to  all  a  thorough  course  of  common  school  education,  New  York  fully 
recognizes  the  duty  of  the  State  to  educate  her  children.  Depending  for 
their  stability  and  perpetuity,  as  due  our  institutions,  and  the  safety  of  life 
and  property,  upon  the  intelligence  and  moral  worth  of  the  people,  it 
becomes  a  matter  of  the  first  importance  to  retain,  unimpaired,  so  far  as 
may  be,  the  plan  which  thus  far  has  been  productive  of  such  inestima- 
ble benefits.  The  provisions  of  our  laws  as  they  affect  the  school  system 
are  generally  approved,  and  should  not  be  lightly  disturbed.  It  is  bad  to 
commit  errors  in  financial  and  political  policy,  but  infinitely  worse  to  do  so 
in  matters  pertaining  to  the  education  and  future  happiness  of  our  children. 
Although  heavily  taxed,  our  people  show  no  disposition  to  avoid  assess- 
ments for  the  support  of  schools ;  and  it  may  be  remarked  as  an  evidence 
of  their  liberality,  that  moie  than  thirteen  hundred  thousand  dollars  are 
paid  out  of  the  public  treasury  annually  for  this  purpose.  The  Superintendent 
of  Public  Instruction,  who,  in  the  discharge  of  his  duty  has  visited  nearly 
every  portion  of  the  State,  will  submit  to  you  in  his  annual  report  many 
interesting  facts  and  conclusions  respecting  the  workings  of  the  system; 
and  that  in  the  improved  style  of  school  houses,  the  qualifications  of  teach- 
ers, and  the  general  improvement  in  other  respects,  we  have  proof  that 
these  educational  advantages  are  appreciated  by  the  people. 

The  academies  of  the  State,  under  the  supervision  of  the  Regents  of  the 
University,  are  in  a  condition  of  advancing  prosperity.  Their  reports  for 
the  last  year  show  an  increase  in  the  number  of  pupils  over  those  of  the 
preceding  year,  and  an  advance  in  the  course  of  instructions.  They  furnish 
an  education  well  adapted  to  the  practical  purposes  of  life,  and  provide, 
especially  for  the  rural  districts,  a  large  portion  of  the  teachers  of  the  com- 
mon schools. 

In  his  message  in  1866,  Governor  Fenton  reported: 

Intelligent  and  philanthropic  citizens  evince  a  deep  interest  in  the  promo- 
tion of  regular  and  general  attendance  at  our  schools.  The  law  directing 
the  apportionment  of  part  of  the  school  money  on  the  basis  of  average  daily 
attendance,  seems  to  be  operating  favorably,  by  inducing  a  more  general 
attendance ;  but  the  great  object  of  public  concern  is  the  education  of  all 
the  children,  and  the  question  may  well  be  raised,  whether  some  additional 
incentive  is  not  required  to  secure  this  result.  For  valuable  views  bearing 
upon  this  point,  I  refer  you  to  the  report  of  the  Superintendent.  He  also 
recommends  that  free  tuition  in  our  common  schools  shall  be  furnished  to 
the  destitute  children  of  those  who  have  died  in  the  military  or  naval  serv- 
ice of  the  United  State.     It  is  presumed  that  such  a  special  recognition  of 


MYROX  H.  CLARK 
Governor  of  Xew  York,  1855-57 


REUBEN  E.  FENTOX 
Governor  of  New  York,  1865-68 


FREE  SCHOOLS  533 

the  patriotic  services  and  sacrifices  of  the  heroes  who  have  died,  could  not 
fail  to  meet  the  approval  of  an  intelligent  and  grateful  people.  More  than 
ninety'  per  cent  of  all  the  children  and  youth  who  receive  scholastic  instruc- 
tion, go  only  to  the  common  schools.  In  view  of  this  fact,  and  of  the  inti- 
mate dependence  of  good  government  upon  the  education  of  the  people, 
these  institutions  are  of  paramount  public  importance,  and  provision  for 
their  liberal  support  and  prosperity  cannot  be  safely  neglected. 

In  his  annual  message,  January  2,  1867,  Governor  Fenton,  in 
relation  to  education  in  New  York  State,  said : 

At  an  earl}-  day,  general  attention  was  directed  to  the  subject  of  educa- 
tion, which  was  deemed  essential  to  the  security,  progress  and  power  of  the 
people.  Provision  was  made  for  the  incorporation  and  endowment  of  col- 
leges and  academies.  It  soon  became  evident,  however,  that  institutions  of 
learning  thus  organized  could  not  meet  the  demand  of  a  people  whose  gov- 
ernment was  founded  upon  the  theor>'  of  the  general  education  of  the  masses. 
A  more  comprehensive  system  was  needed,  embracing  in  its  operation  the 
entire  State,  and  making  available  to  ever>'  family,  instruction  in  the  pri- 
mary branches  of  education.  It  docs  not  appear  that  the  views  of  Governor 
Clinton  upon  this  subject,  communicated  to  the  Legislature  as  early  as  1795, 
resulted  in  the  adoption  of  a  general  common  school  system  until  1814. 
Since  that  period  the  progress  of  the  system  has  been  marked,  gaining 
steadily  in  character,  and  extending  yearly  its  beneficent  influence.  More 
than  ninety  per  cent  of  all  the  children  and  youth  who  receive  scholastic 
instruction  in  our  various  institutions  of  learning  attend  only  the  common 
schools. 

The  following  brief  summary-  is  gathered  from  the  records  of  the  Depart- 
ment of  Public  Instruction,  and  from  the  report  of  the  efficient  Superin- 
tendent : 

For  support  of  common  schools 

Public  school  moneys,  including  ^  mill  tax $1406,080  43 

Voluntary  taxation  in  the  school  districts 4,550,111  86 

Rate  bill  708,003  03 

Other   sources    714,684  90 

Expended  during  the  year 

Teachers'  wages $4,586,211  09 

Libraries  27,560  06 

School   apparatus    186,508  90 

Building  and  repairs  of  schoolhouses 969,618  12 

Miscellaneous 858,246  12 

Balance  reported  on  hand   750,735  93 

Total  number  of  children  and  youth  between  the  ages  of  five 

and  twenty-one  years    Ii354,967 

Number  of  children  between  the  ages  of  six  and  seventeen 

years   93I404 

Number  of  children  of  school  age  who  have  attended  the  pub- 
lic schools  during  some  portion  of  the  year 9i9i033 


534  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Teachers  employed  in  public  schools  for  twenty-eight  weeks, 

or  more,  during  the  year  15,664 

Whole  number  of  male  teachers   5.031 

Whole  number  of  female  teachers  21^50 

Total  number  of  school  districts  Ili732 

Total  number  of  school  houses 11.552 

Aggregate  number  of  weeks'  school   369,571 

Number  of  volumes  in  district  libraries 1,183,017 

Aggregate  number  of  pupils  attending  the  Normal  schools  at 

some  time  during  the  year '       451 

Number  of  teachers  instructed  in  teachers'  institute 8,553 

Number  of  teachers  in  teachers'  classes  in  academies 1,469 

Amount  of  money  to  be  apportioned  for  the  support  of  com- 
mon schools,   for  the  current  fiscal  year $1,468,42222 


The  report  shows  that  the  number  of  children  and  youth  in  daily  attend- 
ance at  the  public  schools  is  30.02  per  cent  of  the  entire  number  between 
five  and  twenty-one  years  of  age,  or  43.67  per  cent  of  the  entire  number  of 
children  between  six  and  seventeen  j'ears  of  age. 

Although  this  average  attendance  upon  the  public  schools  is  the  largest 
ever  reported,  it  is,  nevertheless,  believed  that,  by  judicious  legislation  it 
may  be  essentially  increased.  If,  to  the  number  who  have  attended  school 
during  some  portion  of  the  year,  we  add  those  instructed  for  a  longer  or 
shorter  time  in  the  private  schools,  including  colleges  and  academies,  still 
the  proportion  neglecting  these  opportunities  for  education  cannot  fail  to 
excite  serious  attention.  With  the  conviction  that  universal  education  is  a 
necessity  of  the  State,  I  recommend  that  all  impediments  in  the  way  of  its 
free  acquisition  be  removed,  whether  in  the  form  of  rate  bills,  poor  and 
incommodious  schoolhouses,  or  the  want  of  teachers  specially  trained  to 
their  vocation. 

In  his  annual  message,  January  7,  1868,  Governor  Fenton  said: 

There  are  probably  few  among  us  who,  even  amid  the  pressure  of  the 
active  affairs  of  life,  fail  to  recognize  the  importance  and  magnitude  of  our 
system  of  popular  education.  Our  people  have  acted  upon  the  theory  that 
the  extension  to  every  class  and  condition  of  society,  of  the  means  of  early 
education,  and  facilities  for  the  acquisition  of  knowledge  in  after  life,  con- 
tributes to  the  prevention  of  crime,  the  preservation  of  social  order,  and 
the  security  and  stability  of  the  government,  and  the  thrift  and  prosperity 
of  all  who  are  engaged  in  the  various  departments  of  industry.  Our  legisla- 
tion has  been  based  on  this  liberal  and  enlightened  policy,  and  the  practical 
result  is  that  our  schools  are  open  to  the  children,  even  of  the  poor  and  the 
homeless.  We  have  been  steadily  extending  facilities  for  instruction  in  the 
higher  departments.  The  State  has  generously  and  wisely  given  aid,  from 
time  to  time,  to  mstitutions  struggling  to  rise  under  the  disadvantage  of  a 
feeble  endowment  or  a  limited  patronage.  The  revenue  of  a  permanent 
fund,  wisely  established  for  the  development  of  the  sciences,  has  been  liber- 
ally dispensed,  and  there  is  reason  to  believe  that  our  system  of  education, 
as  a  whole,  is  meeting  the  just  expectations  of  die  people. 


FREE   SCHOOLS  535 

The  following  summary  is  gathered  from  the  records  of  the  department 
of  Public  Instruction,  and  from  the  interesting  report  of  the  Superintendent : 

For  the  support  of  common  schools 

Public  moneys,  including  three-quarters  mill  tax $1,403,16384 

Voluntary  loan  taxation  in  the  school  districts S,S9i,87i  06 

Rate  bills  743,3o6  72 

Other   sources    1,134,890  74 

Expenses  during  the  year 

Teachers'   wages    $4,881,447  53 

Libraries  24414  86 

School   apparatus    21 1,637  82 

Building  and  repairs  of  schoolhouses 1,712,523  36 

Miscellaneous  and  incidental  850,884  73 

Balance   reported  on  hand    1,192,324  06 

Total  number  of  children  and  youth  between  the  ages  of  five 

and  twenty-one  years    1-372,853 

Number  of  children  between  the  ages  of  six  and  seventeen 

years 943,699 

Number  of  children  of  school  age  who  have  attended  the  pub- 
lic schools  during  some  portion  of  the  year 947,162 

Teachers  employed  in  public  schools  for  twenty-eight  weeks 

or  more   15,606 

Number  of  male  teachers  5,263 

"     female  teachers   21,218 

"      school   districts    11,724 

"     school  houses   11,580 

Aggregate  number  of  weeks   357,137 

Volumes  in  district  libraries 1,113,147 

Number  of  pupil  teachers  attending  the  three  Normal  schools.  689 

Teachers  instructed  in   teachers'  institutes    9,682 

Teachers  in  teachers'  classes  in  academies i,373 

Amount  of  money  to  be  apportioned  for  the  support  of  com- 
mon schools  for  the  current  fiscal  year $2,400,134  65 

The  report  further  shows  that  the  number  of  children  and  youth  in  daily 
attendance  at  the  public  schools  is  30.62  per  cent  of  the  entire  number  between 
five  and  twenty-one  years  of  age,  or  44.54  per  cent  of  the  whole  number  of 
children  between  six  and  seventeen. 

In  my  last  annual  message,  I  expressed  the  opinion  that  the  propositions 
for  the  location  of  normal  and  training  schools  in  the  villages  of  Fredonia, 
Brockport,  Cortland,  and  Potsdam,  would  be  carried  into  full  effect  at  the 
earliest  practicable  period.  That  opinion  has  been  confirmed.  The  erection 
of  the  buildings  has  been  vigorously  prosecuted,  and  when  they  are  finished 
and  furnished,  with  the  grounds  upon  which  they  are  located,  the  value  can- 
not be  less  than  four  hundred  thousand  dollars.  The  schools  at  Fredonia 
and  Cortland  will  be  open  for  the  reception  of  pupils  during  the  ensuing 
summer  or  early  autumn.  The  main  part  of  the  bulding  at  Brockport  is 
completed  and  occupied  for  a  normal  school,  which  is  in  successful  opera- 


536  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

tion.  The  Oswego  and  Albany  normal  schools  are  reported  to  be  in  a  pros- 
perous condition,  each  numbering  as  many  pupil  teachers  as  can  well  be  pro- 
vided with  instruction. 

The  establishment  of  two  additional  normal  schools  has  been  authorized 
by  law,  one  at  Buffalo  and  one  at  Geneseo.  The  liberality  and  public  spirit 
of  the  people  of  these  places  will  not  fail  to  consummate  an  enterprise  of 
so  much  local  and  general  importance.  I  am  informed  by  the  Superintend- 
ent of  Public  Instruction,  that  the  law  of  last  winter,  which  abolished  rate 
bills  and  charges,  though  it  has  been  in  operation  only  since  the  first  of 
October  last,  is  producing  a  very  large  increase  of  the  aggregate  number  of 
pupils  at  the  schools,  and  greater  regularity  in  their  attendance.  It  is 
believed  that  the  additional  tax  imposed  by  that  law,  will  equal  the  amount 
of  money  which  has  heretofore  been  raised  by  rate  bills.  It  has  the  effect, 
as  will  be  seen,  to  decrease  local  or  school  district  taxation,  by  so  much  as 
it  increased  the  general  State  tax.  It  simply  transfers  the  burden  from  the 
few  to  the  many;  from  those  with  limited  means,  but  possibly  with  large 
families,  to  the  aggregate  property  of  the  commonwealth.  An  examina- 
tion of  the  assessed  valuation  of  taxable  property  in  the  several  school  dis- 
tricts of  the  State,  will  show  that  even  for  the  support  of  inferior  schools 
the  percentage  of  taxation  in  certain  districts  often  largely  exceeds  that  in 
neighboring  districts  in  which  there  are  superior  schools,  and  the  same  or  a 
greater  number  of  children  of  school  age.  Conceding  that  the  education  of 
the  people  is  a  matter  of  common  concern,  to  which  each  one  should  con- 
tribute according  to  his  pecuniary  ability,  the  justice  of  reducing  this  local 
district  taxation  by  the  general  state  tax  for  the  support  of  schools,  is 
apparent.  Even  should  the  support  of  free  schools  require  an  increase  of 
this  tax,  I  should  still  concur  in  the  opinion  "  that  in  promoting  the  great 
interest  of  moral  and  intellectual  cultivation,  there  can  be  no  prodigality  in 
the  application  of  the  public  treasury." 

In  all  our  cities,  and  in  most  of  our  large  villages,  the  education  of  youth 
is  provided  for  by  special  acts,  giving  enlarged  powers  to  the  local  authori- 
ties, or  creating  boards  with  exclusive  control  of  the  schools.  They  are 
generally  well  managed,  and  it  is  believed  that  our  schools  in  the  city,  as 
well  as  in  the  country,  have  advanced  the  character  of  our  population  above 
that  of  any  other  people.  If  it  is  true,  however,  as  asserted,  that  poverty, 
crime  and  ignorance,  still  largely  prevail  in  our  most  populous  cities,  the 
result,  in  part  at  least,  of  neglect  to  educate  all  the  young,  should  we  not 
extend  and  improve  our  schools  and  bring  every  child  within  their  influ- 
ence? In  some  of  our  cities,  and  especially  in  New  York  and  Brooklyn,  the 
school  accommodations  are  insufficient,  and  thousands  of  children  are  unable 
to  gain  admission.  The  provision  for  higher  classes  and  more  advanced 
pupils,  is  not  deficient,  but  the  rooms  for  primary  scholars  are  overcrowded. 
It  is  probable  that  the  city  authorities  have  power  to  correct  this  defect, 
but  if  otherwise,  I  feel  confident  that  the  Legislature  will  apply  the  appropri- 
ate remedy. 


FREE   SCHOOLS  537 


Chapter  12 
ABOLISHING  THE  RATE  BILL 

One  begins  to  see  signs  in  the  annual  report  of  the  school  com- 
missioners, from  1864  on,  that  the  rate  bill  was  doomed.  Although 
there  were  considerable  differences  in  opinion,  the  majority  seemed 
to  think  that  the  rate  bill  was  objectionable,  but  it  is  probable  that 
in  reporting  upon  this  matter  the  various  commissioners  reflected 
the  sentiments  of  their  localities  quite  as  much  as  they  expressed 
their  own  judgment. 

Commissioner  W.  D.  Renwick  of  Allegany  county  said : 

These  have  a  bad  effect  both  on  attendance  and  the  quality  of  the 
schools.  Whole  families  of  children  are  sometimes  taken  out  of  school  to 
save  a  rate  bill.  Trustees  in  some  instances  endeavor  by  employing  cheap 
teachers  to  make  the  public  money  cover  the  expenses  of  the  school  for  six 
months,  and  secure  as  the  reward  of  their  economy  sickly  and  inefficient 
schools. 

Commissioner  A.  Mcintosh,  jr.  of  Cayuga  county,  in  speaking 
of  the  rate  bills,  said : 

These  have  the  effect  of  reducing  the  attendance  in  many  districts.  This 
is  shown  by  the  fact  that  many  children  are  withdrawn  from  school  as  soon 
as  it  is  ascertained  that  the  public  money  is  expended  and  also  from  the  fact 
that  in  m.any  cases  school  is  continued  just  long  enough  to  comply  with 
the  statutes. 

Commissioner  B.  Bisbee  of  Chenango  county  said : 

As  far  as  my  observation  has  extended  rate  bills  have  had  a  tendency  to 
decrease  the  attendance  and  this  is  most  noticeable  in  those  rural  districts 
where  the  children  can  least  afford  to  lose  a  part  of  the  little  time  they  give 
to  securing  an  education. 

Commissioner  G.  W.  Lewis  of  Franklin  county  said: 

There  are  evils,  I  think,  arising  from  the  present  system  of  rate  bills  that 
prove  a  detriment  to  the  interest  of  many  of  the  schools.  In  many  cases  it 
causes  irregularity  of  attendance.  The  inhabitants  of  many  of  the  districts 
calculate  to  support  a  school  only  as  far  as  the  public  money  will  defray  the 
expenses.  Trustees  are  often  instructed  that  in  hiring  teachers  they  must 
keep  within  the  limits  of  the  public  money.  Only  thirty-two  districts  have 
subjected  themselves  to  a  rate  bill  during  the  past  year. 

Commissioner  L.  F.  Burr  of  Fulton  county  said: 

Rate  bills  are  much  dreaded  in  many  districts  by  those  who  patronize  our 
schools,  especially  in  country  districts  where  schools  are  sometimes  feeble. 
Trustees  often  calculate  so  closely  that  they  hire  cheap  teachers,  third  grade, 
to  save  raising  any  money  by  rate  bill. 


538  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Commissioner  George  C.  Mott  of  Greene  county  said : 

Kate  bills  do  in  some  districts  make  a  material  difference  in  the  attendance. 
There  would  be  far  better  attendance  if  the  schools  and  text  books  were 
perfectly  free  to  all. 

Commissioner  George  A.  Ranney  of  Jefferson  county  said: 

Rate  bills  have  been  collected  in  all  but  seventeen  districts  amounting  in 
the  aggregate  to  $3866.96.  I  am  of  the  opinion,  formed  by  observation  and 
inquiry  that  rate  bills  do  not  materially  affect  the  attendance  in  school  dis- 
tricts, but  in  villages  they  are  often  an  excuse  for  patronizing  private 
schools. 

Commissioner  Elbridge  R.  Adams  of  Lewis  county  said : 

Often  parents  in  appreciating  the  benefits  of  education  consider  it  better  to 
take  their  little  ones  from  the  hand  of  the  teacher  than  to  be  subjected  to 
the  expense  of  helping  carry  on  the  school  by  rate  bill.  Is  it  not  reasonable 
to  suppose  that  the  free  school  system  would  obviate  this  difficulty  as  it  has 
done  in  other  states  of  our  union. 

Commissioner  Joseph  A.  Tozier  of  Monroe  county  said : 

I  am  of  the  opinion  that  a  better  attendance  would  be  had  were  a  free 
school  system  adopted.  Several  instances  have  come  under  my  observation 
here  in  which  injury  was  done  to  schools  through  fear  of  a  large  rate  bill. 

Commissioner  G.  W.  Sutphen  of  Ontario  county  said: 

The  amount  raised  by  rate  bills  during  the  year  was  $4394,  being  an  aver- 
age of  $38  per  district.  The  system  of  paying  a  balance  of  teachers*  wages 
by  means  of  rate  bills  I  believe  to  be  unfavorable  to  attendance. 

Commissioner  John  J.  Barr  of  Orange  county  said : 

I  do  not  think  rate  bills  have  any  effect  on  the  attendance.  In  many  dis- 
tricts rate  bills  and  tax  lists  are  unknown.  The  trustees  keep  up  their  school 
for  six  months  in  order  to  draw  the  public  money,  and  the  public  money 
generally  pays  the  teacher,  or,  in  other  words,  they  bargain  with  the  teacher 
to  teach  the  school  for  six  months  for  the  public  money. 

Commissioner  Lemuel  P.  Storms  of  Oswego  county  said : 

The  amount  raised  in  the  district  by  rate  bills  during  the  past  year  is 
$4023.79.  being  nearly  one-half  as  much  as  the  public  money  apportioned  to 
the  district.  There  are  fourteen  school  districts  that  raise  nothing  by  rate 
tiills. 

Commissioner  W.  Townsend    2d  of  Putnam  county  said: 

From  information  derived  from  conversation  with  school  trustees  and 
patrons,  I  am  inclined  to  believe  that  the  rate  bill  system  is  more  acceptable 
to  the  people  than  the  free  school  system,  and  that  the  attendance  is  not 
less  than  it  would  be  under  any  other  arrangement  not  yet  proposed. 


FREE    SCHOOLS  539 

Commissioner  Charles  W.  Brown  of  Queens  county  said : 

Wherever  the  free  school  system  has  been  adopted  a  sufficient  length  of 
time,  there  may  be  found  good  school  houses  with  modem  improvements 
upon  pleasant  sites  and  with  large  and  ample  plajgrounds.  Upon  the  other 
hand,  there  is  not  a  good  building  nor  a  playground,  except  the  street,  in  a 
single  district  wh'ch  has  the  rate  bill  system.  I  did  not  intend  to  say  any 
more  in  regard  to  rate  bills,  but  they  seem  to  be  the  cause  of  all  our  draw- 
backs. 

Commissioner  William  D.  Wood  of  Queens  county  said: 

The  rate  bill  seems  to  be  unfavorable  to  attendance.  It  has  a  tendency 
to  keep  a  lower  grade  of  teachers  in  some  of  the  schools.  Trustees  in  many 
instances  engage  teachers  of  limited  qualifications  because  their  services  can 
be  obtained  for  a  compensation  which  the  public  money  will  nearly  cancel. 

Commissioner  Barney  Whitney  of  St  Lawrence  county  said : 

In  those  localities  where  there  are  the  most  enlightened  and  liberal  public 
sentiments  rate  bills  affect  the  interest  of  the  schools  but  little,  but  in  the 
majority  of  districts  in  which  schools  are  kept,  rarely  taught,  they  offer  a 
premium  for  cheap  teachers,  and  greatly  diminished  attendance. 

•Commissioner  N.  T.  Van  Atta  of  Schenectady  county  said : 

Rate  bills  with  the  great  majority  of  people  are  not  considered  burden- 
some but  are  paid  cheerfully.  I  believe  that  they  exert  a  salutary  influence, 
stimulating  the  people  to  secure  the  services  of  able  teachers,  since  they 
expect  to  pay  for  them.  Rate  bills  are  the  true  index  of  a  school,  and  the 
interest  taken  by  the  inhabitants  therein.  Wherever  large  rate  bills  have 
been  collected  I  have  found  our  best  teachers  engaged. 

Commissioner  Bartholomew  Becker  of  Schoharie  county  said : 

The  people  are  in  favor  of  the  present  rate  bill  system  and  pleased  with 
the  present  school  system. 

Commission  I.  Runyan  of  Seneca  county  said: 

The  present  system  of  rate  bills  in  accordance  with  my  judgment  and 
observation  is  not  prejudicial  to  a  general  attendance  in  our  schools  in  rural 
districts,  but  in  our  large  villages  the  cause  of  popular  education  would  be 
best  promoted  by  free  schools. 

Commissioner  E.  H.  Brown  of  Steuben  county  said: 

I  think  the  public  sentiment  generally  is  in  favor  of  the  rate  bills,  yet  in 
many  small  schools  they  tend  to  lessen  the  already  small  attendance. 

Commissioner  Albert  T.  Parhill  of  Steuben  county  said: 

There  is  very  little  complaint  in  reference  to  rate  bills,  and  but  few  schol- 
ars have  been  kept  out  of  school  on  that  account.  In  a  few  instances  dis- 
tricts have  not  ••xceeded  in  expenditure  the  money  apportioned. 


540  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

In  the  report  of  the  Superintendent  of  Public  Instruction  for 
1867,  we  find  the  rate  bill  discussed  by  the  commissioners  of  the 
following  districts. 

Broome  County  —  First  District 

Upon  this  point  my  views  have  changed  very  much  since  writing  my  last 
report;  for,  in  my  humble  opinion,  there  is  no  greater  curse  to  our  school 
system  than  these  rate  bills.  Let  trustees  have  the  means  at  their  disposal 
(without  collecting  a  heavy  rate  bill  from  the  patrons  of  the  school),  and 
the  order  of  things  will  be  changed.  Instead  of  cheap,  ordinary  teachers, 
the  call  will  be  for  good,  well  qualified  ones.  And  whoever  is  instrumental 
in  bringing  this  about,  whether  Superintendent  or  legislator,  shall  have 
monuments  erected  by  grateful  hearts,  while  the  State  reaps  its  rich  rewards 
and  humanity  enjoys  its  blessings. 

Fulton  County  —  Sole  District 
Rate  bills  are  a  perfect  dread  in  some  of  our  weak  districts.  We  have  a 
few  schools  of  this  sort,  in  which  the  schools  are  most  generally  failures, 
as  the  trustees  most  generally  employ  third-rate  teachers  because  they  are 
cheap.  As  a  consequence,  no  person  "  likes  the  school,"  while  one  person 
after  another  withdraws  his  children  from  school  after  the  "  public  money  " 
is  used  up,  so  that  in  many  cases  that  have  come  under  my  obsevation,  only 
two,  three  or  four  pupils  remain,  and  those  either  out  of  sympathy  for  the 
teacher,  or  through  the  generosity  of  some  well  disposed  persons,  who  sup- 
port their  schools  at  a  great  cost,  in  order  that  their  districts  may  participate 
m  the  distribution  of  school  moneys  for  the  next  succeeding  year.  What 
can  a  school  commissioner  do  in  such  a  case? 

Greene  County  —  Second  District 
Rate  bills  continue  to  damage  our  schools.  Taxes  are  paid  to  the  town 
collector  without  grumbling;  yet  it  is  difficult  to  get  a  collector  for  each 
district  to  collect  rate  bills  and  school  district  taxes.  If  each  town  was 
formed  into  one  consolidated  district,  with  a  board  of  education  to  take 
charge  of  all  the  schools  within  the  town,  I  am  fully  convinced  we  should 
have  better  attendance  and  better  schools.  Rate  bills  should  be  done  away 
with. 

Jefferson  County  —  First  District 

In  my  first  report  to  the  Department  I  took  occasion  to  say  that  I  did  not 
think  the  rate  bill  system  materially  affected  the  interests  of  our  public 
schools.  A  longer  experience  with  and  a  more  extended  inquiry  into  the 
working  of  the  system  compel  a  change  of  opinion.  I  now  fully  believe  that 
our  schools  can  never  attain  the  highest  standard  of  excellence  until  every 
child  in  the  State  is  entitled  to  an  education  "  without  money  and  without 
price."  The  shortest  possible  term  of  school  and  the  cheapest  teachers  are 
the  natural  outgrowth  of  the  present  system. 

We  want  no  more  legislative  patching  of  the  old  law,  but  a  new  one,  mak- 
ing the  schools  free,  and  recognizing  the  great  principle  that  on  the  enlight- 
enment of  the  masses  depend  the  stability  of  free  institutions  and  a  popular 
form  of  government. 


FREE  SCHOOLS  541 

Jefferson  County — Third  District 

And  if  the  rate  bill  were  abolished  and  our  State  tax  increased  to  the 
amount  necessary  to  make  all  our  schools  free,  we  should  take  a  long  step 
in  the  right  direction. 

Montgomery  County  —  Sole  District 
The  rate  bill,  in  many  districts,  injures  very  much  the  efficiency  of  the 
school.  For  fear  of  a  high  rate  bill  many  parents  do  not  send  their  chil- 
dren to  school,  or  send  them  but  a  part  of  the  time.  Trustees  employ  sec- 
ond-rate teachers  at  low  wages,  to  make  a  cheap  school ;  perhaps  keep  them 
just  long  enough  to  use  up  the  appropriation  from  the  State;  and  thus,  year 
after  jxar,  this  programme  is  gone  through  with,  to  save  a  few  paltry  dol- 
lars, at  the  expense  of  the  education  of  the  children.  Never  will  our  schools 
be  what  they  should  be  until  this  odious  rate  bill  is  abolished.  I  take  pleas- 
ure in  reporting  that  two  districts,  during  the  past  year,  have  voted  free 
schools;  and  I  think  there  are  others  that  will  soon  follow  in  the  wake, 
unless  the  Legislature,  the  present  session,  give  us  a  general  free  school  law, 
which  I  hope  and  pray  they  may. 

Niagara  County  —  First  District 
In  several  of  ihe  54  districts  subject  to  rate  bills,  the  fear  of  high  tuition 
has  caused  a  number  of  parents  to  keep  their  children  out  of  school  portions 
of  the  year.  Such  a  course  by  patrons  is  prejudicial  to  the  best  interests  of 
the  school,  and  is  a  positive  injury  to  the  unfortunate  children  of  such  par- 
ents. The  sentiment  in  favor  of  free  schools  is  gaining  ground  among  the 
people,  and  there  is  reason  to  believe  that  the  time  is  not  far  distant  when, 
justly  appreciating  the  correctness  of  the  principle  involved,  they  will  demand 
free  schools  for  the  education  of  the  people. 

Oneida   County  —  First   District 

Rate  Bills,  in  some  instances,  tend  to  diminish  the  attendance  at  school; 
nevertheless,  they  meet  the  approbation  of  the  public  as  well  as  any  system 
of  taxation. 

Oneida   County  —  Third  District 

The  amount  of  money  raised  and  paid  on  rate  bills,  as  shown  by  the 
reports  of  trustees,  is  $4816.97,  against  $87.87  exemptions,  showing  a  will- 
ingness on  the  part  of  patrons  of  the  schools  to  pay  debts  incurred  for  the 
education  of  their  children,  truly  commendable,  and  furnishing  a  strong 
argument  in  favor  of  the  rate  bill  system ;  as  it  is  confidently  believed  that 
no  country  merchant,  however  prudent  and  cautious,  can  be  found,  whose 
account  books  will  show  so  small  a  percentage  of  slow  pay;  and  this,  too, 
while  schools  are  open  to  all,  without  distinction,  and  all  are  invited  to 
become  district  debtors. 

Orleans  County 

I  hail  with  great  pleasure  an  increasing  disposition,  on  the  part  of  men 
of  property,  heavy  tax  payers,  to  give  their  adhesion  to  the  support  of 
schools  by  taxation.  I  have  taken  special  pains  everywhere  to  discuss  the 
Subject  of  free  schools ;  and  I  believe  that  if  the  question  could  be  submitted 
to  the  voters  of  the  county  today  it  would  result  in  an  affirmative  vote. 


542  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Schenectady  County 
1  have  changed  my  mind  in  reference  to  rate  bills.     Let  there  be  none.     In 
a  majority  of  cases  they  greatly  diminish  the  attendance. 

It  will  be  of  interest  to  know  what  the  commissioners  of  the  State 
had  to  say  in  regard  to  the  Free  School  law  after  it  had  been  in 
operation  a  few  months,     I  submit  extracts  as  follows: 

Cattaraugus  County  —  First  District 
The  present  term  is  the  beginning  of  a  new  era  in  the  history  of  onr 
school  system.  I  know  we  will  show  a  greater  average  attendance  next  fall 
under  the  new  law.  I  have  not  seen  a  man  who  does  not  approve  of  the 
new  law,  abolishing  rate  bills.  The  schools  open  well;  I  think  the  teachers 
are  fully  alive  to  the  importance  of  the  work,  and,  in  conclusion,  on  this 
branch  of  the  subject,  I  think  I  can  truly  say,  that  the  schools  in  my  district 
generally,  are  doing  well. 

Broome   County  —  First  District 

The  free  school  law  meets  with  much  less  opposition  than  I  feared  it 
would.  I  have  heard  but  very  little  complaint,  while  on  the  other  hand  I 
have  often  heard  it  commended  as  just  and  right.  The  grumbling  has  not 
come  from  the  heaviest  taxpayers,  but  from  those  who  pay  but  little  tax  or 
none  at  all. 

Cayuga  County  —  Second  District 

The  new  school  law  was  greeted  with  general  satisfaction  and  has  a 
growing  interest  in  the  hearts  of  the  people. 

Jefferson  County  —  First  District 
The  amendment  to  the  laws,  making  the  schools  of  the  State  free,  receives 
the  approval  of  a  very  great  majority  of  the  tax  payers  of  this  district.  The 
"  rate  bills "  under  the  old  law  were,  in  many  cases,  so  excessive  as  to 
greatly  diminish  the  attendance,  and.  in  numerous  instances,  greatly  exceeded 
the  tuition  charged  at  the  r.cademies  for  instruction  in  the  same  branches. 
The  schools  have  opened  under  the  new  law,  with  an  attendance  very  much 
greater  than  that  of  the  corresponding  term  of  the  past  school  year.  The 
increase,  as  far  as  I  have  received  reports,  varying  from  ten  to  twenty  per 
cent.  There  are  fewer  private  schools  than  heretofore  —  one  of  the  direct 
results  of  the  new  law ;  and,  in  my  judgment,  the  wants  of  the  people  of 
this  section  require  no  material  change  in  the  law  at  present.  I  am,  how- 
ever, of  the  opinion  that,  in  districts  where  there  are  no  academies,  there 
might  with  great  profit,  be  established  one  or  more  "  central  "  schools  to  be 
supported  by  public  funds,  in  about  the  same  manner  as  ordinary  district 
schools,  where  pupils,  when  sufficiently  advanced,  could  enjoy  the  advan- 
tages of  an  ordinary  academic  course  without  charge  for  tuition. 

Orange   County  —  First  District 
I  have  no  doubt  that  a  largo  majority  of  the  people  in  this  district  approve 
of  the  law  making  the  schools  free.    The  beneficial  effects  of  this  law  have 
already  been  such  as  to  dispel  whatever  fears  may  have  been  entertained 


FREE   SCHOOLS  543 

respecting  its  successful  operation.  The  information  regarding  it  that 
reaches  mc,  from  nearlj-  every  part  of  the  District,  is  more  satisfactory  than 
its  most  ardent  friends  could  reasonably  have  anticipated.  The  teachers' 
reports  received  since  the  law  took  effect  indicate  a  very  large  increase  in 
the  attendance.  In  four  districts,  additional  teachers  have  been  employed; 
and  in  several  other  districts  the  necessity  of  employing  additional  teachers 
is  becoming  apparent  to  trustees. 

Otsego  County  —  Second  District 
I  think  the  free  school  law  may  be  hailed  as  the  second  Declaration  of 
Independence ;  and  without  flattery,  allow  me  to  say  that  when  the  monu- 
ments erected  to  the  memory  of  the  achievers  of  our  first  declaration  shall 
dim  and  crumble  by  age,  the  monument  you  have  erected  to  your  hard- 
earned  fame  in  recuring  the  passage  of  this  law  will  rise  higher  and  grow 
brighter  as  long  as  intelligence  and  virtue  bear  sway,  and  unborn  generations 
will  rise  up  and  call  yotl  blessed. 

Steuben  County  —  First  District 
The  attendance  so  far,  this  term,  in  this  commissioner  district,  is  at  least 
sixty  per  cent  above  the  attendance  during  the  same  period  last  year.  The 
increase  is  universally  attributed  to  the  influence  of  the  free  school  system. 
This  system  is  popular  with  all  teachers  and  school  officers  in  this  section; 
and,  if  it  can  have  a  fair  trial,  it  will  receive  the  almost  unanimous  approval 
of  the  people  of  the  State. 

Mr  Victor  M.  Rice,  Superintendent  of  Public  Instruction,  in  his 
special  report  on  "  The  Present  State  of  Education  in  the  United 
States  and  Other  Countries  and  on  Compulsory  Education,"  of 
February  15,  1867,  discusses  the  abolishment  of  rate  bills  as  follows: 

Lastly,  the  schools  should  be  made  free  for  obvious  reasons.  Indigent 
parents,  having  too  much  pride  to  ask  to  be  exempted  from  paying  their 
rates,  keep  their  children  away  rather  than  be  put  down  upon  the  list  of 
indigents.  The  parsimonious  keep  their  children  at  home  rather  than  pay 
the  amount  required  to  defray  teachers'  wages  after  the  public  money  has 
been  applied. 

The  law,  it  is  true,  allows  trustees  to  exempt  poor  parents  from  the  rate 
bill,  but  the  record  shows  that  this  has  been  generally  neglected.  The  whole 
amount  collected  by  rates,  during  the  last  school  year,  was  $709,025.36,  and 
the  sum  of  all  the  exemptions  was  only  $48,873.56.  The  two  sums  added 
together  show  the  aggregate  sum  on  the  rate  bills,  viz. :  $757,898.92.  It 
appears,  therefore,  that  the  liberality  of  the  trustees  extended  to  the  pitiful 
exemption  of  only  6^/2  per  cent  of  the  sum  charged  in  the  rate  bills. 

The  number  of  children  in  the  rural  districts,  between  5  and  21  years  of 
age,  is  reported  at  844,259,  and  the  whole  attendance  at  school  at  592,511, 
while  the  average  daily  attendance  was  263401.  The  aggregate  attendance 
is,  therefore,  70  per  cent  of  the  entire  number,  and  the  average  attendance 
only  31  per  cent. 

If  we  make  allowance  for  sickness,  for  distance  from  the  schoolhouse, 
for  impassable  roads  and  bad  weather,  for  employment  in  various  kinds  of 


544  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

labor,  on  the  farm,  in  the  shop  or  manufactory,  or  in  household  duties,  for 
vagrancy  and  truancy,  the  number  of  absentees  will  be  still  a  formidable 
sum,  to  be  accounted  for  by  some  reason  operating  generally  and  powerfully. 
In  the  state  of  Virginia,  the  school  system  was  established  for  the  indigent 
only,  and  the  pride  and  self  respect  of  the  really  poor  revolted  against  such 
a  discrimination.  The  schools  were  comparatively  worthless,  were  unattended, 
and  the  system  failed.  The  same  causes  operate  in  this  State  to  diminish 
attendance,  and  admonish  us  to  abolish  the  rate  bill. 

The  schools  can  be  made  free  in  the  rural  districts  without  materially 
adding  to  the  burden  of  taxation,  and  without  doing  injustice,  by  an  increase 
of  the  state  tax  to  one  mill  and  one-fourth  of  a  mill  upon  every  dollar  of  the 
assessed  valuation  of  propertj-. 

The  amount  raised  by  rate  bill  during  the  last  school  year  was  $709,025.36. 
The  proposed  increase  of  the  state  tax  would  add  to  the  sum  now  raised 
$765,614.82.  A  ratable  proportion  of  this  tax  would  be  apportioned  to  the 
cities,  thus  lessening  their  local  taxation.  The  proportion  which  would 
go  to  the  rural  districts  would  be  nearly  equal  to  the  amount  now  raised  by 
rate  bill.  The  local  taxation  in  those  districts  for  teachers'  wages,  to  main- 
tain a  school  for  28  weeks,  over  and  above  the  amount  of  public  moneys 
which  will  be  received,  will  be  merely  nominal. 

The  proposed  irode  of  raising  the  money  is  strictly  in  accordance  with  the 
principle  which  may  now  be  deemed  a  settled  policy  of  this  and  other 
states,  and  of  the  civilized  world,  that  "  the  property  of  the  State  shall 
educate  the  children  of  the  State." 

The  practice  of  raising  any  part  of  the  money  for  the  schools  by  local 
taxation,  can  be  supported  only  upon  the  assumption  that,  if  cities  and 
districts  are  compelled  thus  to  raise  a  part  of  the  money,  they  will  be  more 
economical  in  its  expenditure.  But  as  the  State  requires  a  school  to  be  kept 
28  weeks  each  year  in  every  district,  it  is  just  and  equitable  to  raise  a  general 
tax  sufficient  to  defray  the  expense  for  that  term. 

If  the  inhabitants  desire  to  build  schoolhouses  that  will  add  to  their 
reputation  as  public-spirited  and  enlightened  citizens,  and  to  the  comfort  and 
instruction  of  their  children,  the  power  is  given,  and  its  exercise  is  left  to 
their  discretion.  If  they  wish  to  have  their  schools  in  session  for  ten  months 
instead  of  twenty-eight  weeks,  they  have  the  authority  to  tax  themselves  to 
pay  for  the  additional  time.  If  they  wish  to  have  teachers  of  a  higher  order 
of  mind  and  superior  acquirements,  and  able  to  awaken  in  their  children 
noble  and  generous  aspirations,  and  the  public  money  be  not  sufficient  to 
command  their  services,  the  privilege  of  taxing  themselves  for  any  necessary 
additional  sum  surely  ought  not  to  be  w"thheld. 

The  education  of  the  people  is  a  matter  of  common  concern,  and  a 
state  tax  for  the  support  of  schools  is  the  most  equitable  and  just,  since  it 
distributes  the  burden  of  taxation  in  proportion  to  the  ability  of  tax-payers. 
The  rate  bill  is  a  violation  of  equity  and  justice,  for  it  imposes  upon  the 
mdigent  and  the  poor  a  tax,  under  a  plausible  name,  not  upon  their  property, 
for  they  have  none,  but  upon  their  affection  and  solicitude  for  their  children. 

The  rate  bill,  it  is  true,  falls  partlj''  upon  tax-payers  and  partly  upon  non- 
tax-payers, and  so  far  as  it  falls  upon  tax-payers  is  substantially  a  tax.  A 
change  of  the  law  will  merely  shift  the  burden  from  a  rate  bill  to  a  tax  list, 


FREE  SCHOOLS  545 

and  the  district  tax  for  deficiencies  will  not  probably  equal  the  annual  tax 
for  a  fair  and  generous  exemption. 

A  statement  of  the  amount  raised  by  voluntary  or  local  taxation  for  the 
support  of  schools,  and  that  raised  by  the  State  for  the  same  purpose,  during 
the  last  school  year,  will  show  their  relative  proportion.  The  amount  raised 
by  local  taxation,  including  board  of  teachers,  was  $4,855,013.43.  The  state 
tax  was  $1,148,422.22.  The  local  taxation  exceeds  the  state  tax  more  than 
four  to  one.  At  least  half  the  proposed  addition  to  the  state  tax  will  be 
saved  in  local  taxation.  If  one  half  the  proposed  addition  to  the  state  tax 
be  added  to  the  present  tax,  and  the  same  amount  be  deducted  from  the  local 
taxation,  the  latter  would  still  be  equal  to  three  times  the  former. 

Thus,  by  transferring  to  the  general  state  tax  the  burden  of  local  taxation 
and  rates  now  borne  by  the  school  districts,  as  has  been  shown,  the  schools  of 
the  State  of  New  York  will  be  made  free  —  not  nominally  free,  but  abso- 
lutely free. 

The  following  are  extracts  from  an  address  delivered  before  the 
New  York  State  Teachers  Association  by  Andrew  S.  Draper,  July  8, 
1890: 

The  early  legislation  seems  to  have  been  framed  on  the  belief  that  the 
income  of  the  state  school  fund,  and  the  tax  equal  to  one-half  its  share, 
which  each  district  was  required  to  raise,  would  support  the  schools,  but  this 
was  found  to  be  inadequate,  and  then  it  was  provided  that  the  schools  should 
be  maintained  a  specified  time  each  year,  and  that  any  deficiency  in  funds 
should  be  collected  from  the  patrons  of  the  schools  in  proportion  to  the 
attendance  of  their  children.  This  gave  rise  to  the  "  rate  bill."  It  was  only 
a  tax  levied  upon  parents  in  proportion  to  the  number  of  days  which  their 
children  attended  the  school.  The  amounts  raised  in  this  way  were  not 
inconsiderable.  In  1830  it  was  $374,000;  in  1840,  $475,000;  in  1867,  the  last 
year  of  the  system,  it  was  $709,000.  The  average  sum  annually  collected  by 
rate  bill  in  the  forty  years  from  1828  to  1868,  was  $410,685.66. 

The  greatest  contest  concerning  schools  which  the  State  has  known  was 
over  the  abolition  of  the  rate  bill  and  the  consequent  establishment  of 
absolutely  free  schools.  Every  man  here,  past  50  years  of  age,  who  is 
accustomed  to  be  interested  in  affairs,  will  feel  the  blood  coursing  more 
rapidly  through  his  veins  at  the  remembrance  of  the  fight  for  schools,  free 
to  all  and  maintained  at  public  expense.  I  fear  none  of  the  ladies  arc  old 
enough  to  recall  it. 

The  system  became  odious.  It  discriminated  against  the  poor.  Although 
it  permitted  trustees  to  excuse  such  from  paying  fees,  no  self-respecting 
man  could  suffer  himself  to  be  publicly  adjudged  to  be  poor,  by  a  school 
trustee.  It  afforded  a  good  excuse,  or  plausible  pretext  for  non-attendance. 
It  was  attended  with  many  misunderstandings  and  disputes,  and  promoted 
demoralization  in  many  ways.  Sentiment  was  deeply  agitated,  and  found 
expression  in  every  direction.  In  1849,  the  Legislature  submitted  the  question 
to  a  vote  of  the  people,  and  the  returns  showed  249,872  in  favor  of  making 
"  the  property  of  the  State  educate  the  children  of  the  State,"  and  91,951 
against  it.  The  opponents  were  not  content.  In  1850,  they  procured  legisla- 
tion resubmitting  the  question,  and  the  returns  showed  209,616  against  the 

35  .  i 


546  THE   UNIVERSITY    OF    THE   STATE    OF   NEW   YORK 

rate  bill,  and  184,303  for  the  old  system.  Still  the  opponents  were  not 
content.  In  1850,  a  kind  of  compromise  was  effected,  and  the  controversy 
was  attempted  to  be  settled  by  restoring  the  rate  bill  and  levying  a  State  tax 
for  $800,000,  to  be  distributed  with  the  school  money.  This  tax  increased 
to  larger  amounts  has  been  annually  raised  since,  and  is  technically  known 
as  the  "  free  school  fund." 

But,  as  a  general  thing,  the  cities  would  not  tolerate  the  rate  bill.  At 
their  solicitation  the  Legislature,  from  time  to  time,  passed  special  acts  cre- 
ating a  board  of  education  with  general  powers  and  duties,  and  in  this  manner 
set  up  an  organized  school  system  in  each  city.  These  special  laws  ordinarily 
authorized  taxation  adequate  to  the  entire  support  of  the  schools,  and  thus 
the  rate  bill  became  obsolete  in  most  of  the  cities  at  a  comparatively  early 
day. 

In  the  meantime,  the  "  union  free  school  district  system  "  became  legally 
permissible,  and  met  with  considerable  favor.  It  authorized  districts  to 
combine  and  establish  a  graded  school,  and  meet  the  expenses  by  a  general 
tax,  thus  obviating  the  necessity  for  the  rate  bill,  in  communities  adopting  it. 
In  1867,  under  the  impetuous  and  able  leadership  of  Victor  M.  Rice,  the 
rate-bill  system  was  finally  abolished,  and  the  principle  that  the  schools  should 
be  absolutely  free  to  all  and  supported  at  public  and  general  expense,  was 
fully  and  triumphantly  established. 

Smith  M.  Weed  has  been  interested  in  public  education  all  his 
life.  He  served  as  a  member  of  the  board  of  education  in  Plattsburg 
for  over  fifty-four  years.  When  he  entered  the  Assembly  in  1857, 
he  took  up  this  question  of  the  rate-bill  system  with  Superintendent 
Rice  and  assisted  him  in  the  preparation  of  the  bill,  introduced  the 
measure  in  the  Assembly  and  succeeded  in  obtaining  its  passage. 

In  a  letter  of  October  29,  1918,  Mr  Weed  writes  as  follows: 

Education  and  the  schools  have  been  of  great  interest  to  me  from  a  very 
early  day,  and  I  became  a  member  of  the  Plattsburg  board  at  an  early  day, 
and  continued  in  the  high  school  board  of  education  of  Plattsburg  for  a 
little  over  fifty  years,  taking  the  place  of  the  Hon.  William  Swetland  who 
had  been  a  member  for  fifty-four  years.  In  the  early  days  the  common 
schools  were  very  poor,  but  I  take  it  that  at  that  time  they  were  so  practically 
all  over  the  country  districts  of  the  United  States. 

When  in  the  Legislature  about  fifty  years  ago,  I  helped  Mr  Rice,  the  State 
Superintendent,  draft  the  bill  abolishing  the  rate  bill,  and  introduced  the 
bill  and  advocated  its  passage  successfully.  So  that  from  that  time  all 
common  schools  of  the  State  were  and  still  are  free.  In  181 1  a  law  was 
passed  creating  the  Plattsburg  Academy.  This  institution  for  a  great  many 
years  was  a  very  creditable  school,  and  in  it  a  large  number  of  men  were 
educated  who  became  important  personages  in  Plattsburg  and  other  places. 
In  time,  however,  it  ceased  to  be  an  important  educational  institution,  and 
later  was  by  an  act  of  the  Legislature  created  a  part  of  the  Plattsburg  High 
School. 

After  a  little  over  fifty  years  of  service,  and  after  the  completion  of  the 
new  high  school  building  in  Plattsburg,  and  getting  to  be  an  "  old  man,"  I 
resigned  from  the  board,  thinking  that  I  had  done  my  full  duty.    During  my 


HON.  SMITH  WEED 


FREE   SCHOOLS  547 

service  I  had  helped  to  build  five  intermediate  and  primary  school  buildings, 
which  I  think  compare  favorably  with  such  buildings  in  any  city  of  the 
size  of  Plattsburg  in  the  State,  and  also  the  new  high  school  building. 

For  many  years  the  school  board  employed  from  three  to  six  sisters  of 
the  Grey  Nunnery  as  teachers.  They  made  admirable  teachers,  and  drew  to 
the  school  a  large  number  of  pupils  whose  parents  were  French  Catholics. 
This  primar>'  school  was  under  the  full  control  of  the  board  of  education  as 
to  their  studies,  and  in  every  other  respect,  and  continued  for  twenty-five  or 
thirty  years,  to  the  great  advantage  of  the  young  men  and  women  of  that 
religious  belief. 

From  the  Journal  of  the  Assembly  of  the  State  of  New  York  of 
the  nineteenth  session: 

On  Wednesday,  January  30,  1867 :  "  Mr  Weed  gave  notice  that  he  would  at 
an  early  date  ask  leave  to  introduce  a  bill  to  make  the  common  schools  of 
the  State  of  New  York  free  to  all  and  to  provide  for  the  government  and 
maintenance  of  said  schools." 

On  Monday,  March  18,  1867 :  "  Mr  Speaker  announced  the  special  order 
being  Assembly  bill  entitled  "An  act  to  amend  an  act  entitled  an  act  to 
revise  and  consolidate  the  General  Acts  relating  to  public  instruction  passed 
May  2,  1864."  The  house  reserved  this  into  a  committee  of  the  whole  on 
special  bill  and  after  some  time  spent  therein  Mr  Travis,  from  said  com- 
mittee, reported  in  the  favor  of  the  passage  of  said  bill  with  an  amendment 
and  the  title  amended  so  as  to  read :  "An  act  to  amend  an  act  entitled  an 
act  to  revise  and  consolidate  the  General  Acts  relating  to  public  instruction 
passed  May  2,  1864  and  to  abolish  rate  bills  authorized  by  special  acts," 
which  report  was  agreed  to  and  said  bill  ordered  engrossed  and  to  a  third 
reading. 

On  Friday,  March  22,  1867:  By  unanimous  consent  the  bill  entitled  "An 
act  to  amend  an  act  entitled  an  act  to  revise  and  consolidate  the  General  Acts 
relating  to  public  instruction  passed  May  2,  1864  and  to  abolish  rate  bills 
authorized  by  special  acts "  was  read  a  third  time.  Mr  Speaker  put  the 
question  whether  the  house  would  agree  to  the  final  passage  of  said  bill 
and  it  was  determined  in  the  affirmative,  a  majority  of  the  members  elected 
to  the  Assembly  voting  in  favor  thereof  and  three-fifths  of  said  members 
being  present,  the  ayes  82  and  the  noes,  o.  Then  it  was  ordered  that  the 
clerk  deliver  said  bill  to  the  Senate  and  request  their  concurrence  therein. 

The  following  are  extracts  from  the  Journal  of  the  Senate  of  the 
State  of  New  York,  nineteenth  session,  1867 : 

An  act  to  amend  an  act  entitled  "An  act  to  revise  and  consolidate  the 
general  acts  relating  to  public  instruction,"  passed  May  2,  1864,  and  to  abolish 
rate  bills  authorized  by  special  acts,  which  was  read  the  first  time,  and  by 
unanimous  consent  was  also  read  the  second  time  ,and  referred  to  the 
committee  on  literature.  March  23,  1867,  p.  484 

Mr  Andrews,  from  the  committee  on  literature,  to  which  was  referred  the 
Assembly  bill  entitled  "An  act  to  amend  an  act  entitled  'An  act  to  revise  and 
consolidate  the  general  acts  relating  to  public  instruction,'  passed  May  2, 
1864,"  reported  in  favor  of  the  passage  of  the  same,  and  said  bill  was  com- 
mitted to  the  committee  of  the  whole.  March  28,  1867,  p.  550 


548  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

Assembly,  "An  act  to  amend  an  act  entitled  'An  act  to  revise  and  con- 
solidate the  general  acts  relating  to  public  instruction,'  passed  May  2,  1864." 

April  4,  1867,  p.  674 

Mr  Piatt  presented  a  petition  of  citizens  of  Warren  county,  for  the  passage 
of  a  law  to  amend  the  act  relating  to  public  instruction ;  which  was  referred 
to  the  committee  of  the  whole.  April  8,  1867,  p.  724 

"An  act  to  amend  an  act  entitled  'An  act  to  revise  and  consolidate  the 
general  acts  relating  to  public  instruction,'  passed  May  2,  1864." 

April  9,   1867,  p.  750 

The  Assembly  bill  entitled  "An  act  to  amend  an  act  entitled  'An  act  to 
revise  and  consolidate  the  general  acts  relating  to  public  instruction,*  passed 
May  2,  1864,  and  to  abolish  rate  bills  authorized  by  special  act,"  was  read 
a  third  time.  April  11,  1867,  p.  Tjy 

"An  act  to  amend  an  act  entitled  'An  act  to  revise  and  consolidate  the 
general  acts  relating  to  public  instruction,'  passed  May  2,  1864,  and  to  abolish 
rate  bills  authorized  by  special  act."  April  16,  1867,  p.  878 

"An  act  to  amend  an  act  entitled  'An  act  to  revise  and  consolidate  the 
general  acts  relating  to  public  institutions,'  passed  May  2,  1864,  and  to 
abolish  rate  bills  authorized  by  special  acts." 

April  20,  1867,  p.  1 1 57 

Chapter  406 

AN  ACT  to  amend  an  act  entitled  "An  act  to  revise  and  consolidate  the 
general  acts  relating  to  public  instruction,"  passed  May  2,  1864,  and  to 
abolish  rate  bills  authorized  by  special  act. 

Passed  April  16,  1867 ;  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

.  Section  l     Chapter  555  of  the  Laws  of  1864  is  hereby  amended  as  follows : 
Section  3  of  title  2  is  hereby  amended  so  as  to  read  as  follows : 

§  3  The  school  commissioner  for  each  school  commissioner  district  shall 
be  elected  by  the  electors  thereof,  by  separate  ballot,  at  the  general  election, 
in  the  year  one  thousand  eight  hundred  and  sixty-six,  and  triennially  there- 
after, and  the  ballots  shall  be  indorsed  "  school  commissioner."  The  laws 
regulating  the  election  of  and  canvassing  the  votes  for  county  officers  shall 
apply  to  such  elections.  And  it  shall  further  be  the  duty  of  county  clerks, 
and  they  are  hereby  required,  as  soon  as  they  shall  have  official  notice  of 
the  election  or  appointment  of  a  school  commissioner,  for  any  district  in 
their  county,  to  forward  to  the  Superintendent  of  Public  Instruction  a 
duplicate  certificate  of  such  election  or  appointment,  attested  by  their  signa- 
ture and  the  seal  of  the  county. 

§  2  Subdivisions  3  and  4  of  section  13  of  title  2  are  hereby  amended  so 
as  to  read  as  follows : 

3  Upon  such  examination,  to  direct  the  trustees  to  make  any  alteration  or 
repair  on  the  schoolhouse  or  out-buildings  which  shall,  in  his  opinion,  be 
necessary  to  the  health  or  comfort  of  the  pupils,  but  the  expense  of  making 
such  alterations  or  repairs  shall,  in  no  case,  exceed  the  sum  of  two  hundred 
dollars,  unless  aa  additional  sum  shall  be  voted  by  the  district.     He  may 


FREE   SCHOOLS  549 

also  direct  the  trustees  to  abate  any  nuisance  in  or  upon  the  premises,  pro- 
vided same  can  be  done  at  an  expense  not  exceeding  twenty-five  dollars. 

4  In  concurrence  with  the  supervisor  of  the  town  in  which  a  schoolhouse 
is  situated,  by  an  order  tinder  their  hands,  reciting  the  reason  or  reasons,  to 
condemn  such  schoolhouse,  if  they  deem  it  wholly  unfit  for  use  and  not  worth 
repairing,  and  to  deliver  the  order  to  the  trustees,  or  one  of  them,  and  trans- 
mit a  copy  to  the  Superintendent  of  Public  Instruction.  Such  order,  if  no 
time  for  its  taking  effect  be  stated  in  it,  shall  take  effect  immediately.  They 
shall  also  state  what  sum,  not  exceeding  eight  hundred  dollars,  will  in  their 
opinion,  be  necessary  to  erect  a  schoolhouse  capable  of  accommodating  the 
children  of  the  district.  Immediately  upon  the  receipt  of  said  order,  the 
trustee  or  trustees  of  such  district  shall  call  a  special  meeting  of  the  inhabit- 
ants of  said  district,  for  the  purpose  of  considering  the  question  of  building 
a  schoolhouse  therein.  Such  meeting  shall  have  power  to  determine  the 
size  of  said  schoolhouse,  the  material  to  be  used  in  its  erection,  and  to  vote 
a  tax  to  build  the  same;  but  such  meeting  shall  have  no  power  to  reduce  the 
estimate  made  by  the  commissioner  and  supervisor  aforesaid  by  more  than 
twenty-five  per  cent  of  such  estimate.  And  where  no  tax  for  building  such 
house  shall  have  been  voted  by  such  district  within  thirty  days  from  the 
time  of  holding  the  first  meeting  to  consider  the  question,  then  it  shall  be 
the  duty  of  the  trustee  or  trustees  of  such  district  to  contract  for  the  building 
of  a  schoolhouse  capable  of  accommodating  the  children  of  the  district,  and 
to  levy  a  tax  to  pay  for  the  same,  which  tax  shall  not  exceed  the  sum 
estimated  as  necessary  by  the  commissioner  and  supervisor  as  aforesaid,  and 
which  shall  not  be  less  than  such  estimated  sum  by  more  than  twenty-five 
per  cent  thereof.  But  such  estimated  sum  may  be  increased  by  a  vote  of  the 
inhabitants  at  any  school  meeting  subsequently  called  and  held  according  to 
law. 

§  3     Section  i  of  title  3  is  hereby  amended  so  as  to  read  as  follows: 

§  I  There  shall  be  raised  by  tax,  in  the  present  and  succeeding  year, 
upon  the  real  and  personal  estate  of  each  county  within  the  state,  one  mill 
and  one-fourth  of  a  mill  upon  each  and  every  dollar  of  the  equalized  valua- 
tion of  such  estate,  for  the  support  of  common  schools  in  the  State ;  and  the 
proceeds  of  such  tax  shall  be  apportioned  and  distributed  as  herein  provided. 

§  4    Section  4  of  title  three  is  hereby  amended. 

§  4  The  Comptroller  may  withhold  the  payment  of  any  moneys,  to  which 
any  county  may  be  entitled,  from  the  appropriation  of  the  incomes  of  the 
school  fund  and  the  United  States  deposit  fund  for  the  support  of  common 
schools,  until  satisfactory  evidence  shall  be  furnished  to  him  that  all  moneys 
required  by  law  to  be  raised  by  taxation  upon  such  county,  for  the  support 
of  schools  throughout  the  State,  have  been  collected  and  paid,  or  accounted 
for  to  the  State  Treasurer;  and  whenever,  after  the  first  day  of  March  in 
any  year,  in  consequence  of  the  failure  of  any  county  to  pay  such  moneys 
on  or  before  that  day,  there  shall  be  a  deficiency  of  moneys  in  the  treasury 
applicable  to  the  payment  of  school  moneys,  to  which  any  other  county  may 
be  entitled,  the  Treasurer  and  Superintendent  of  Public  Instruction  are 
hereby  authorized  to  make  a  temporary  loan  of  the  amount  so  deficient,  and, 
such  loan  and  the  interest  thereon  at  the  rate  of  twelve  per  cent  per  annum, 
until  payment  shall  be  made  to  the  treasury,  shall  be  a  charge  upon  the 


550  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

county  in  default,  and  shall  be  added  to  the  amount  of  State  tax,  and  levied 
upon  such  county  by  the  board  of  supervisors  thereof  at  the  next  ensuing 
assessment,  and  shall  be  paid  into  the  treasury  in  the  satne  manner  as  other 
taxes. 
§  5    Section  2  of  title  6  is  hereby  amended  so  as  to  read  as  follows : 
§  2    With  the  written  consent  of  the  trustees  of  all  the  districts  to  be 
affected  thereby,  he  may,  by  order,  alter  any  school  district  within  his  juris- 
diction, and  fix,  by  said  order,  a  day  when  the  alteration  shall  take  effect. 
§  6    Section  3  of  title  6  is  hereby  amended  so  as  to  read  as  follows : 
§  3    If  the  trustees  of  any  such  district  refuse  to  consent,  he  may  make 
and  file  with  the  town  clerk  his  order  making  the  alteration,  but  reciting  the 
refusal,  and  directing  that  the  order  shall  not  take  effect,  as  to  the  dissenting 
district  or  districts,  until  a  day  therein  to  be  named,  and  not  less  than  three 
months  after  the  notice  in  the  next  section  mentioned. 
§  7  Section  12  of  title  7  is  hereby  amended  so  as  to  read  as  follows : 
§  12  Every  male  person  of  full  age  residing  in  any  neighborhood  or  school 
district,  and  entitled  to  hold  lands  in  this  State,  who  owns  or  hires  real 
property  in  such  neighborhood  or  school  district  liable  to  taxation  for  school 
purposes,  and  every  resident  of  such  neighborhood  or  district  authorized  to 
vote  at  town  meetings  of  the  town  in  which  he  resides,  who  has  permanently 
residing  with  him  a  child  or  children  of  school  age,  some  one  or  more  of 
whom  shall  have  attended  the  district  school  for  a  period  of  at  least  eight 
weeks  within  one  year  preceding,  or  who  owns  any  personal  property  liable 
to  be  taxed  for  school  purposes  in  any  such  district,  exceeding  fifty  dollars 
in  value,  exclusive  of  such  as  is  exempt  from  execution,  and  no  other  shall 
be  entitled   to  vote  at  any  school  meeting  held   in   such  neighborhood   or 
district. 

§  8  Section  16  of  title  7  is  hereby  amended  by  adding  thereto  the  following 
subdivision : 

§  16  To  vote  a  tax  to  pay  whatever  deficiency  there  may  be  in  teachers' 

wages  after  the  public  money  apportioned  to  the  district  shall  have  been 

applied  thereto;  but  if  the  inhabitants  shall  neglect  or  refuse  to  vote  a  tax 

for  this  purpose,  or  if  they  shall  vote  a  tax  which  shall  prove  insufficient  to 

cover  such  deficiency,  then  the  trustees  are  authorized,  and  it  is  hereby  made 

their  duty,  to  raise  by  district  tax,  any  reasonable  sum  that  may  be  necessary 

to  pay  the  balance  of  teachers'  wages  remaining  unpaid,  the  same  as  if  such 

tax  had  been  authorized  by  a  vote  of  the  inhabitants. 

§  9  Section  18  of  title  7,  is  hereby  amended  so  as  to  read  as  follows: 

§  18  No  tax  voted  by  a  district  meeting  for  building,  hiring  or  purchasing 

a  schoolhouse,  exceeding  the  sum  of  one  thousand  dollars,  shall  be  levied 

by  the  trustees,  vmless  the  commissioner,  in  whose  district  the  schoolhouse  of 

said  district  is  situated,  shall  certify  in  writing,  his  approval  of  such  larger 

sum. 

§  10  Section  19  of  title  7  is  hereby  amended  so  as  to  read  as  follows: 

§  19  Whenever  the  majority  of  all  the  inhabitants  of  any  school  district 

entitled  to  vote,  to  be  ascertained  by  taking  and  recording  the  ayes  and  noes 

of   such   inhabitants   attending  at  any  annual,   special   or  adjourned  school 

district  meeting,  legally  called  or  held,  shall  determine  that  the  sum  proposed 

and  provided  for  in  the  next  preceding  section  shall  be  raised  by  installments, 


FREE  SCHOOLS  551 

it  shall  be  the  duty  of  the  trustees  of  such  district,  and  they  are  hereby 
authorized,  to  '.ause  the  same  to  be  raised,  levied  and  collected  in  equal 
installments,  in  the  same  manner  and  with  the  like  authority  that  other 
school  district  taxes  are  raised,  levied  and  collected,  and  to  make  their  tax 
list  and  warrant  for  the  collection  of  such  installments,  with  interest  thereon 
as  they  become  payable,  according  to  the  vote  of  the  said  inhabitants;  but 
the  payment  or  collection  of  the  last  installment  shall  not  be  extended 
beyond  five  years  from  the  time  such  vote  was  taken,  and  no  vote  to  levy 
any  such  tax  shall  be  reconsidered  except  at  an  adjourned,  general  or  special 
meeting,  to  be  held  within  thirty  days  thereafter,  and  the  same  majority 
shall  be  required  for  reconsideration  that  was  had  to  impose  such  tax. 
§  II  Section  28  of  title  7  is  hereby  amended  so  as  to  read  as  follows: 
§  28  It  shall  be  the  duty  of  the  district  clerk,  and  of  the  neighborhood 
clerk,  or  of  any  person  who  shall  act  as  clerk  at  any  district  or  neighborhood 
meeting,  when  any  officer  shall  be  elected,  forthwith  to  give  the  person 
elected  notice  thereof  in  writing;  and  such  person  shall  be  deemed  to  have 
accepted  the  office,  unless  within  five  days  after  the  service  of  such  notice, 
he  shall  file  his  written  refusal  of  it  with  the  clerk.  The  presence  of  any  such 
person  at  the  meeting  which  elects  him  to  office,  shall  be  deemed  a  sufficient 
notice  to  him  of  his  election. 
§  12  Section  42  of  title  7  is  hereby  amended  so  as  to  read  as  follows : 
§  42  No  part  of  the  school  monej's  apportioned  to  a  district  can  be  applied 
or  permitted  to  be  applied  to  the  payment  of  the  wages  of  an  unqualified 
teacher;  nor  can  his  wages,  or  any  part  of  them,  be  collected  by  a  district 
tax. 

§  13  Section  49  of  title  7  is  hereby  amended  as  follows: 
Subdivision  5  is  hereby  amended  so  as  to  read  as  follows: 
5  To  purchase  or  lease  a  site  for  the  district  schoolhouse  or  schoolhouses, 
as  designated  by  a  meeting  of  the  district,  and  to  build,  hire  or  purchase  such 
schoolhouse  as  may  be  so  designated,  and  to  keep  in  repair  and  furnish  such 
schoolhouse  with  necessary-  fuel  and  appendages,  and  to  pay  the  expense 
thereof  by  tax,  but  such  expense  shall  not  exceed  fifty  dollars  in  any  one 
year,  unless  authorized  by  the  district  or  by  law. 

Subdivisions  10  and  il  are  hereby  amended  so  as  to  read  as  follows: 

10  To  pay  toward  the  wages  of  such  teachers  as  are  qualified,  the  public 
moneys  apportioned  to  the  district  and  legally  applicable  thereto,  by  giving 
them  orders  on  the  supervisor  therefor,  and  to  collect  as  herein  provided,  the 
residue  of  such  wages  by  district  tax. 

11  To  divide  such  public  moneys  apportioned  to  the  district,  whenever 
authorized  by  a  vote  of  their  district,  into  two  or  more  portions  for  each 
year;  to  assign  and  apply  one  of  such  portions  to  each  term  during  which 
a  school  shall  be  kept  in  such  district,  for  the  payment  of  teachers'  wages 
during  such  term;  and  to  collect  the  residue  of  such  wages  not  paid  by  the 
proportion  of  public  money  allotted  for  that  purpose,  by  district  tax  as 
herein  provided. 

Subdivisions  12,  13,  14,  15,  16  and  17  are  hereby  stricken  out  and  repealed, 
and  subdivisions  18  and  19  are  numbered  12  and  13  respectively,  and  another 
subdivision  is  hereby  added,  as  follows : 

14  After  having  paid  toward  the  wages  of  such  t^achen  as  are  qualifie4| 


552  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

the  public  .moneys  of  the  district  legally  applicable  thereto,  by  giving  them 
orders  on  the  supervisor  therefor,  to  collect  the  residue  of  such  wages  by  a 
district  tax,  or,  if  the  same  shall  have  been  already  collected,  to  give  such 
teacher  an  order  on  the  district  collector  for  the  balance  of  his  or  her 
wages  still  remaining  unpaid. 

§  14  Section  50  of  title  7  is  hereby  amended  so  as  to  read  as  follows : 
§  50  The  trustees  may  expend,  in  necessary  and  proper  repairs  of  each 
schoolhouse  under  their  charge,  a  sum  not  exceeding  twenty  dollars  in  any 
one  year.  They  may  also  expend  a  sum  not  exceeding  fifty  dollars  in  the 
erection  of  necessary  out  buildings,  where  the  district  is  wholly  unprovided 
with  such  buildings.  They  may  also  make  any  repairs,  and  abate  any 
nuisances,  pursuant  to  the  direction  of  the  school  commissioner  as  herein- 
before provided ;  and  provide  fuel,  pails,  brooms,  and  other  implements 
necessary  to  keep  the  schoolhouse  or  houses  clean,  and  make  them  reasonably 
comfortable  for  use,  and  not  provided  for  by  a  vote  of  the  district;  and  may 
also  provide  for  building  fires  and  cleaning  the  schoolroom,  by  arrangement 
with  the  teacher  or  otherwise.  They  shall  provide  the  bound  blank  books 
for  the  entering  of  their  accounts,  and  the  keeping  of  the  school  lists,  the 
records  of  the  district,  and  the  proceedings  of  district  and  trustee  meetings. 
Whenever  it  shall  be  necessary,  for  the  due  accommodation  of  the  children  of 
the  district,  they  may  hire,  temporarily,  any  room  or  rooms  for  the  keeping 
of  schools  thereii:.  Axiy  expenditure  made  or  liability  incurred,  in  pursuance 
of  this  section,  shall  be  a  charge  upon  the  district. 
§  IS  Section  53  of  title  7  is  hereby  amended  so  as  to  read  as  follows: 
§  53  They  shall  procure  two  bound  blank  books  for  the  district,  and  when 
necessary,  others  in  their  place.  In  one  of  them,  at  or  before  each  annual 
district  meeting,  they  shall  enter  at  large,  and  sign  a  statement  of  all  movable 
property  belonging  to  the  district,  and  their  accounts  of  all  moneys  received 
or  drawn  for  or  paid  by  them,  and  they  shall  deliver  this  book  to  their 
successors.  In  the  other,  the  teachers  shall  enter  the  names  of  the  pupils 
attending  school,  their  ages,  the  names  of  the  persons  who  send  them,  and  the 
number  of  days  each  pupils  attends ;  and  also  the  facts  and  the  dates  of  each 
inspection  of  the  school  by  the  school  commissioner  or  other  official  visitor, 
and  any  other  facts  and  in  such  form  as  the  Superintendent  of  Public 
Instruction  shall  require ;  and  each  teacher,  shall  by  his  oath  or  affirmation, 
verify  his  entries  in  such  book,  and  the  entries  shall  constitute  the  school  lists 
from  which  the  average  daily  attendance  shall  be  determined ;  and  such 
oath  or  affirmation  may  be  taken  by  the  district  clerk,  but  without  charge. 
Until  the  teacher  shall  have  so  made  and  verified  such  entries,  the  trustees 
shall  not  draw  on  the  supervisor  for  any  portion  of  his  wages. 
§  16  Section  60  of  title  7  is  hereby  amended  so  as  to  read  as  follows : 
§  60  The  trustees  of  each  school  district  shall,  between  the  first  and  second 
Tuesdays  of  October  in  each  year  make  and  direct  to  the  school  commissioner 
a  report  in  writing,  dated  on  the  first  day  of  October  of  the  year  in  which 
it  is  made,  and  shall  sign  and  certify  it,  and  deliver  it  to  the  clerk  of  the 
town  in  which  the  schoolhouse  of  the  district  is  situated;  and  every  such 
report  shall  certify: 

I  The  whole  time  any  school  has  been  kept  in  their  district  during  the  year 
ending  on  the  da>  previous  to  the  date  of  such  report,  and  distinguishing 


FREE  SCHOOLS  553 

what  portion  of  the  time  such  school  has  been  kept  by  qualified  teachers, 
and  the  whole  number  of  days,  including  holidays,  in  which  the  school  was 
taught  by  qualified  teachers. 

2  The  amount  of  their  drafts  upon  the  supervisor,  for  the  payment  of 
teachers'  wages  dtiring  such  year,  and  the  amount  of  their  drafts  upon  him 
for  the  purchase  of  books  and  school  apparatus  during  such  year,  and  the 
manner  in  which  such  moneys  have  been  expended. 

3  The  number  of  children  taught  in  the  district  school  or  schools  during 
such  year  by  qualified  teachers,  and  the  sum  of  the  days'  attendance  of  all 
such  children  upon  the  school. 

4  The  number  of  children  residing  in  the  district  on  the  last  day  of  Sep- 
tember previous  to  the  making  of  such  report,  between  the  ages  of  five  and 
twenty-one,  and  the  names  of  the  parents  or  other  persons  with  whom  such 
children  respectively  reside,  and  the  number  of  children  residing  with  each. 

5  The  amount  of  money  paid  for  teachers'  wages,  in  addition  to  the  public 
money  paid  therefor,  the^  amount  of  taxes  levied  in  said  district  for  purchas- 
ing schoolhouse  sites,  for  building,  hiring,  purchasing,  repairing  and  insur- 
ing schoolhouscs,  for  fuel,  for  district  libraries,  or  for  any  other  purpose 
allowed  by  law,  and  such  other  information  in  relation  to  the  schools  and 
the  district  as  the  superintendent  of  public  instruction  may,  from  time  to 
time,  require. 

§  17  Section  66  of  title  7,  as  amended  by  section  12  of  chapter  647  of  the 
Laws  of  1865,  is  hereby  amended  so  as  to  read  as  follows : 

§  66  In  making  out  a  tax  list,  the  trustees  of  school  districts  shall  appor- 
tion the  same  on  all  taxable  inhabitants  of  the  district,  and  upon  corpora- 
tions and  persons  holding  property  therein,  according  to  the  valuation  of  the 
taxable  property  which  shall  be  owned  or  possessed  by  them  at  the  time  of 
making  out  such  list  within  such  district,  or  partly  within  such  district,  and 
partly  in  an  adjoining  district,  and  upon  all  unoccupied  real  estate  lying 
within  the  boundaries  of  such  district,  the  owners  of  which  shall  be  non- 
residents, and  which  shall  be  liable  to  taxation  for  town  or  county  purposes ; 
and  upon  the  amount  of  rents  reserved  in  any  leases  in  fee,  or  for  one  or 
more  lives,  or  foi  a  term  of  years  exceeding  twenty-one  years,  and  charge- 
able upon  lands  within  such  district,  which  rents  shall  be  assessed  to  the  per- 
son or  persons  entitled  to  receive  the  same  as  personal  estate,  which  it  is 
hereby  declared  to  be,  for  the  purposes  of  taxation  for  school  purposes,  at 
a  principal  sum,  the  interest  of  which,  at  the  legal  rate  per  annum,  shall  pro- 
duce a  sum  equal  to  such  annual  rents ;  and  in  case  such  rents  are  payable  in 
any  other  thing  except  money,  the  value  of  such  annual  rents  in  money  shall 
be  ascertained  by  the  trustee  or  trustees,  and  the  same  shall  be  assessed  in 
manner  aforesaid.  But  when  it  shall  be  ascertained  that  the  proportion  of 
any  tax  upon  any  lot,  tract  or  parcel  not  occupied  by  any  inhabitant,  or 
upon  rents  reserved,  would  not  amount  to  fifty  cents,  the  trustees,  in  their 
discretion,  may  omit  such  lot,  tract  or  parcel,  or  reserved  rents,  from  the 
tax  list.  Banks  or  banking  associations,  organized  under  the  laws  of  Con- 
gress or  of  this  State,  shall  be  taxed  by  assessing  the  individual  stock- 
holders for  the  amount  of  stock  owned  or  possessed  by  them;  but  such 
assessment  shall  be  made  only  in  the  district  where  the  bank  is  located.  And 
it  is  hereby  made  the  duty  of  the  president  or  cashier  of  any  such  banking 


554  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

association,  or  of  the  person  temporarily  performing  the  duties  of  either  of 
them  to  furnish  the  trustee  or  trustees,  or  board  of  education  of  the  school- 
district  in  which  the  bank  of  such  association  is  located,  whenever  the  same 
shall  be  called  for,  for  the  purpose  of  making  out  a  tax  list  for  the  collection 
of  a  district  tax,  a  list  of  all  persons  and  bodies  corporate,  owning  or  hold- 
ing stock  in  said  bank,  which  list  shall  also  show  the  amount  of  stock  owned 
or  held  by  each  such  person  or  body  corporate.  A  refusal  to  comply  with 
the  requirements  of  this  section  by  the  officers  of  any  such  banking  associa- 
tion herein  named,  shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more 
than  two  hundred  dollars  for  each  and  every  refusal,  to  be  sued  for  by  the 
supervisor  of  the  town  in  which  the  bank  of  such  association  is  located,  in 
his  name  of  office ;  which  penalty,  when  collected,  shall  be  for  the  benefit  of 
the  school  district  in  which  such  bank  is  located ;  individual  bankers  shall  be 
assessed  in  accordance  with  the  provisions  of  section  2  of  chapter  761  of  the 
Laws  of  1866. 

§  18  Section  81  of  title  7  is  hereby  amended  so  as  to  read  as  follows: 
§  81  The  warrant  for  the  collection  of  a  district  tax  shall  be  under  the 
hands  of  the  trustees,  or  a  majority  of  them,  with  or  without  their  seals; 
and  it  shall  have  the  like  force  and  effect  as  a  warrant  issued  by  a  board  of 
supervisors  to  a  collector  of  taxes  in  the  town;  and  the  collector  to  whom 
it  may  be  delivered  for  collection  shall  be  thereby  authorized  and  required 
to  collect  from  every  person  in  such  tax  list  named,  the  sum  set  opposite  to 
his  name  or  the  amount  due  from  any  person  or  persons  specified  therein, 
in  the  same  manner  that  collectors  are  authorized  to  collect  town  and  county 
charges. 
§  19  Section  82  of  title  7  is  hereby  amended  so  as  to  read  as  follows : 
§  82  A  warrant  for  the  collection  of  a  tax  voted  by  the  district  shall  not 
be  delivered  to  the  collector  until  the  thirty-first  day  after  the  tax  was  voted. 
A  warrant  for  the  collection  of  any  tax  not  so  voted  may  be  delivered  to  the 
collector  whenever  the  same  is  completed. 

§  20  Section  85  of  title  7  is  hereby  amended  so  as  to  read  as  follows : 
§  85  Any  collector  to  whom  any  tax  list  and  warrant  may  be  delivered  for 
collection,  may  execute  the  same  in  any  other  district  or  town  in  the  same 
county,  or  in  any  other  county  where  the  district  is  a  joint  district  and  com- 
posed of  territory  from  adjoining  counties,  in  the  same  manner  and  with 
the  like  authority  as  in  the  district  in  which  the  trustees  issuing  the  said 
warrant  may  reside,  and  for  the  benefit  of  which  said  tax  is  intended  to  be 
collected;  and  the  bail  or  sureties  of  any  collector,  given  for  the  faithful 
performance  of  his  official  duties,  are  hereby  declared  and  made  liable  for 
any  moneys  received  or  collected  on  any  such  tax  list  and  warrant. 
§  21  Section  86  of  title  7  is  hereby  amended  so  as  to  read  as  follows : 
§  86  If  the  sum  or  sums  of  money,  payable  by  any  person  named  in  such 
tax  list,  shall  not  be  paid  by  him  or  collected  by  such  warrant  within  the 
time  therein  limited,  it  shall  and  may  be  lawful  for  the  trustees  to  renew 
such  warrant  in  respect  to  such  delinquent  person;  or,  in  case  such  person 
shall  not  reside  within  their  district  at  the  time  of  making  out  a  tax  list,  or 
shall  not  reside  therein  at  the  expiration  of  such  warrant,  and  no  goods  or 
chattels  can  be  found  therein  whereon  to  levy  the  tax,  the  trustaes  may  sue 
for  and  recover  the  same  in  their  name  of  office. 


FREE  SCHOOLS  555 

§  22  Section  87  of  title  7  is  hereby  amended  so  as  to  read  as  follows: 
§  87  Whenever  the  trustees  of  any  school  district  shall  discover  any 
error  in  a  tax  list  made  out  by  them,  they  may,  with  the  approbation  and 
consent  of  the  Superintendent  of  Public  Instruction,  after  refunding  any 
amount  that  may  have  been  improperly  collected  on  such  tax  list,  if  the 
same  shall  be  required  by  him,  amend  and  correct  such  tax  list,  as  directed 
by  the  superintendent,  in  conformity  to  law ;  and  whenever  more  than  one 
renewal  of  a  warrant  for  the  collection  of  any  tax  list  may  become  neces- 
sary in  any  district,  the  trustees  may  make  such  further  renewal,  with  the 
written  approbation  of  the  supervisor  of  any  town  in  which  a  schoolhouse 
of  said  district  shall  be  located,  to  be  indorsed  upon  such  warrant. 
§  23  Section  5  of  title  11  is  hereby  amended  so  as  to  read  as  follows: 
§  5  The  trustees  of  every  school  district  are  hereby  directed  to  give  to 
the  teacher  or  teachers  employed  by  them  the  whole  of  the  time  spent  by 
such  teacher  or  teachers  in  attending  at  any  regular  session  or  sessions  of 
an  institute  in  a  county  embracing  the  school  district,  or  a  part  thereof, 
without  deducting  an>-thing  from  his  or  their  wages  for  the  time  so  spent; 
and  whenever  the  trustees'  report  shows  that  a  district  school  has  been  sup- 
ported for  the  full  time  required  by  law,  including  the  time  spent  by  the 
teacher  or  teachers  in  their  employ  in  attendance  upon  such  institute,  and 
that  the  trustees  have  given  the  teacher  or  teachers  the  time  of  such  absence, 
and  have  not  deducted  anything  from  his  or  their  wages  on  account  thereof, 
the  Superintendent  of  Public  Instruction  may  include  the  district  in  his 
apportionment  of  the  State  school  moneys,  and  direct  that  it  be  included  by 
the  school  commissioner  or  commissioners  in  their  apportionment  of  school 
moneys,  provided  always  that  such  school  district  be  in  all  other  respects 
entitled  to  be  included  in  such  apportionment. 
§  24  Section  3  of  title  13  is  hereby  amended  so  as  to  read  as  follows : 
§  3  Any  person  who  shall  willfully  disturb,  interrupt  or  disquiet  any  dis- 
trict school  or  school  meeting  in  session,  or  any  persons  assembled,  with  the 
permission  of  the  trustees  of  the  district,  in  any  district  schoolhouse,  for  the 
purpose  of  giving  or  receiving  instruction  in  any  branch  of  education  or 
learning,  or  in  the  science  or  practice  of  music,  shall  forfeit  twenty-five  dol- 
lars for  the  benefit  of  the  school  district. 

§  25  This  act  shall  take  effect  on  the  first  day  of  October,  eighteen  hun- 
dred and  sixty-seven.  The  state  tax  of  one  and  one-fourth  mills  upon  the 
dollar  shall  be  imposed  for  the  fiscal  year  commencing  the  first  day  of  Octo- 
ber, eighteen  hundred  and  sixty-seven,  and  shall  be  assessed,  raised,  levied 
and  collected  in  the  manner  prescribed  by  law. 

§  26  Hereafter  all  moneys  now  authorized  by  any  special  acts  to  be  col- 
lected by  rate  bill  for  the  payment  of  teachers'  wages,  shall  be  collected  by 
tax,  and  not  by  rate  bill. 

§  27  Nothing  in  this  act  contained  shall  be  construed  to  authorize  the 
common  council  of  any  city  to  increase  the  local  city  tax  for  the  support  of 
the  schools  therein,  beyond  the  amounts  they  are  now  authorized  by  law 
to  raise  for  local  school  purposes,  and  such  local  tax  shall  be  reduced  in  such 
city,  by  an  amount  equal  to  the  amount  it  shall  receive  by  the  additional  tax 
authorized  by  this  act,  for  the  support  of  schools,  in  the  State  generally. 


556  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

The  rate  bill  was  abolished  and  Superintendent  Rice  in  his  special 
report  of  1867  speaks  as  follows: 

The  law  of  the  present  year,  abolishing  rate  bills,  and  establishing  free 
schools,  has  done  away  with  that  feature  in  the  system  which  has  been  most 
prolific  of  dispute  and  controversy;  which  has  imposed  the  heaviest  and 
most  perplexing  duties  upon  trustees ;  which  has  been  burdensome  and  odious 
to  the  poor;  which  has  imposed  an  unequal  and  unjust  tax  upon  the  families 
more  blessed  in  their  children  than  in  their  basket  and  store;  and  which 
has  been  the  great  cause  of  irregular  attendance  and  absenteeism. 

The  average  sum  yearly  collected  by  rate  bill  for  the  forty  years  (1828- 
1866)  included  in  the  table  is  $410,685.66. 

For  the  fourteen  years  prior  to  1828,  it  is  probable  that  the  amount  col- 
lected by  rate  bill  was  $250,000  a  year;  and  we  may  reasonably  suppose  that 
the  sum  for  the  year  ending  September  30,  1867,  will  be  $700,000.  The  aggre- 
gate will  be,  therefore,  increased  to  $20,627,426.66  for  fifty-four  years,  and 
the  yearly  average  will  be  $381,989.38. 

It  will  be  observed  that  the  sum  raised  by  rate  bill  has  uniformly  exceeded 
and  generally  quadrupled  the  amount  distributed  from  the  income  of  the 
common  school  fund.  It  has  as  regularly  exceeded  the  whole  public  money 
apportioned  from  the  school  fund  and  the  United  States  deposit  fund,  and 
added  to  the  county  and  town  taxes  until  the  imposition  of  the  state  tax 
in  1851.  The  years  to  be  excepted  from  these  statements  are  1850-1-2,  the 
years  of  the  free  school  controversy.  The  rate  bill  has  been  the  special  tax 
upon  the  patrons  of  the  common  schools.  It  may  justly  be  styled  a  tax 
upon  knowledge.  The  present  law  has  merely  transferred  this  burden  from 
the  fathers  of  families  to  the  taxable  property  of  the  whole  State. 

If  the  rate  bill  shall  be  abolished,  the  common  schools  will  hereafter  be 
supported  from  the  following  sources : 

1  The  income  of  the  common  school  fund. 

2  The  amount  that  the  Legislature  may  annually  set  apart  from  the 
income  of  the  United  States  deposit  fund. 

3  The  general  state  tax. 

4  District,  village  and  city  taxation. 

5  The  income  of  local  funds. 

(i)  The  revenue  of  the  common  school  fund  is  about  $170,000  a  year, 
The  distribution  from  it  is,  at  present  $155,000  yearly. 

(2)  The  appropriation  from  the  income  of  the  United  States  deposit 
fund  is  $165,000  annually;  but  it  depends  upon  the  Legislature,  which  may  at 
any  time  divert  the  income  to  some  other  object. 

(3)  The  main  dependence  of  the  schools,  so  far  as  relates  to  the  payment 
of  teachers'  wages,  must  be  upon  the  state  tax,  which,  being  fixed  at  one 
and  a  quarter  mills  upon  each  dollar,  of  valuation,  will  probably  yield  about 
two  millions  of  dollars  a  year.  The  income  of  the  two  funds  is  about  one- 
eighth  of  the  sum  annually  needed  to  pay  teachers. 

(4)  District,  village  and  city  taxation  is  voluntary,  and  the  amount  raised 
annually  varies  with  the  exigencies  of  the  year.  The  purchase  of  sites,  the 
building  of  schoolhouses,  and  the  furnishing  of  them  with  seats,  desks, 
chairs,  stoves,  fuel  and  apparatus  arc  all  done  by  local  taxation.    No  money 


FREE  SCHOOLS  557 

has  ever  been  appropriated  for  these  objects  from  the  income  of  the  State 
funds,  or  the  avails  of  the  state  tax. 

(5)  The  income  of  local  funds,  chiefly  gospel  and  school  lands,  was  last 
year  $19,182.60.    It  does  not  vary  much  from  year  to  year. 

Four  months  after  the  abolishing  of  the  rate  bill  the  Superintendent 
of  Public  Instruction  was  able  to  make  the  following  comments 
(Report  of  February  lo,  1868) : 

The  union  free  school  act  which  was  passed  in  1853  and  amended  in  1864 
has  contributed  materially  to  the  establishment  and  maintenance  of  a  supe- 
rior class  of  graded  schools,  and  has  diminished  the  number  of  applications 
for  special  laws  to  meet  the  increasing  demand  for  such  schools  in  districts 
thickly  populated.  In  many  cases  there  was  a  consolidation  of  two  or  more 
school  districts  for  the  purpose.  Under  the  operation  of  this  law  enlarged 
powers  are  exercised,  and  sufficient  property  is  associated  to  permit  the 
incurring  of  heavier  expenditure  for  school  houses  and  the  employment  of  a 
proper  number  of  competent  teachers.  Owing  to  the  fact  that  in  such  dis- 
tricts the  schools  were  free,  the  aggregate  and  regular  attendance  of  pupils 
was  largely  increased.  There  being  in  many  of  them  a  gradation  of  depart- 
ment from  primary  to  academical,  the  labor  of  the  teachers  was  more  effec- 
tively divided.  It  may  be  said  in  respect  to  their  higher  departments  that  in 
range  and  quality  of  instruction  they  have  compared  favorably  with  the 
best  academies.  They  are  generally  provided  with  all  necessary  scientific 
apparatus,  and  are  all  under  the  immediate  charge  and  supervision  of  boards 
of  education,  to  whose  zeal,  fidelity  and  intelligence  as  school  officers  I  have 
pleasure  in  bearing  testimony. 

Special  reports  from  these  boards  and  from  the  officers  of  other  districts 
in  which  free  schools  have  been  established  by  special  laws,  comparing  the 
condition  of  the  schools  at  the  time  they  became  free,  with  their  condition 
at  the  time  of  making  these  reports,  show  the  following  results : 
Average  increase  of  the  time  of  maintaining  schools  per  year.  9.4  per  cent 
Aggregate    increase    of    the    number    of    teachers    employed 

twenty-eight  weeks  or  longer  per  year 88         do 

Aggregate  increase  of  the  amount  paid  for  teachers'  wages 

per  year   141         do 

Average  increase  of  compensation  to  each  teacher  per  year. .  28  do 
Aggregate  increase  of  the  number  of  children  of  school  age.  32  do 
Aggregate  increase  of  the  daily  attendance  of  pupils  at  school.  74  do 
Aggregate  increase  of  value  of  school  houses  and  sites 178         do 

Prior  to  their  organization  as  union  free  school  districts  there  was  a  great 
destitution  in  the  matter  of  comfortable  school  houses;  and  even  in  cases 
where  the  schools  were  large,  it  was  not  found  easy  to  pay  for  a  sufficient 
number  of  qualified  teachers.  Little  attention  could  be  paid  o  the  individual 
wants  of  the  pupils ;  the  schools  were  not  graded ;  and  the  rate  bills,  by 
which  they  were  principally  supported,  served  to  keep  from  them,  to  a  great 
degree,  the  children  of  the  poor  and  parsimonious.  But,  immediately  after 
their  organization  upon  the  new  plan,  the  children  crowded  the  schools,  and 
the  inhabitants  made  ampler  provision  for  schoolhouses  and  for  teachers, 
competent  in  number  and  ability  to  instruct  all  the  pupils  that  came. 


558  THE   UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

The  law  passed  at  the  last  session  of  the  Legislature,  commonly  known  as 
the  "  free  school  act,"  is  meeting  the  most  sanguine  hopes  of  its  advocates. 
It  took  effect  on  the  first  day  of  October,  1867;  and  already  the  local  school 
officers  report  an  average  daily  attendance  of  pupils  at  the  school  twenty  to 
thirty-five  per  cent  greater  than  it  was  during  the  same  period  of  the  year 
previous.  In  many  districts,  and  particularly  where  there  is  a  large  propor- 
tion of  foreign-born  population,  it  has  been  found  necessary  to  increase  the 
accommodation,  from  this  cause.  They  also  report  that  the  provision  of  the 
act  by  which  a  general  State  tax  is  substituted  for  the  "  odious  rate  bill " 
is  almost  unanimously  approved. 

PRESS  COMMENTS 

The  following  are  various  press  comments  in  regard  to  the  abolish- 
ing of  the  rate  bill : 

The  Glens  Falls  Messenger  under  dae  of  May  10,  1867  says  under 
the  heading  "  The  Free  School  Law  " : 

The  Legislature,  at  the  late  session  passed  an  act  denominated  the  free 
school  law.  We  have  not  yet  seen  a  copy  of  the  law,  but  the  Albany 
Evening  Journal  contains  the  following  remarks  concerning  it : 

"  The  act  abolishing  rate  bills,  and  making  the  common  schools  in  the 
rural  districts  free,  does  not  take  effect  until  the  first  of  October  next, 
the  beginning  of  the  fiscal  and  school  year.  In  the  meantime  the  wages 
of  teachers  employed  in  all  districts  except  "  union  free  school  districts," 
and  districts  in  which  rate-bills  have  been  abolished  'by  special  acts,  will 
be  paid  as  heretofore,  by  the  application  of  the  school  moneys  in  the  hands 
of  the  supervisors,  and  by  collections  made  by  rate-bills.  The  public  schools 
of  our  cities  have  for  many  years  been  free ;  and  every  year  the  Legislature 
has,  for  twenty  years  past,  erected  free  schools  in  one  or  more  of  our 
large  villages.  The  "  union  free  schools "  number  about  two  hundred. 
The  rate  bill  had  been  banished  from  almost  every  populous  district;  and 
it  was  time  to  relieve  the  rural  districts  from  their  oppression,  and  give 
their  children  the  same  opportunities  enjoyed  by  those  living  in  cities  and 
villages.  With  free  soil,  free  schools,  a  free  press,  and  free  men,  the 
future  is  full  of  hope  and  promise." 

A  New  School  System 
Mr  Weed,  of  Clinton,  has  introduced  into  the  Assembly  a  very  important 
bill,  which  in  effect  substitutes  a  general  system  of  "  free  schools  "  for  the 
present  one.  It  extends  to  the  whole  State.  The  bill  provides  that  whh  the 
year  commencing  Oct.  1st,  1867,  the  schools  of  the  State  shall  be  free  to 
all;  and  that  for  their  support  there  shall  annually  be  levied  and  collected 
by  the  State  a  tax  of  one  and  one-fourth  mills  to  the  dollar.  The  amount 
thus  obtained  shall  be  distributed  among  the  various  schools,  in  proportion 
to  the  attendance  of  the  pupils.  The  teachers  are  to  be  employed  by  trustees, 
as  at  present,  and  if  the  amount  of  money  received  from  the  State  be  insuf- 
ficient to  pay  their  salaries,  the  deficiency  shall  be  made  a  local  district  tax. 
The  bill  gives  school  trustees  enlarged  powers  as  to  repairs,  school  build- 
ings, &c.     No  tax  exceeding  $1000  can  be  voted  by  the  district  for  building, 


FREE   SCHOOLS  559 

hiring  or  repairing  schoolhouses,  unless  the  school  commissioners  having 
jurisdiction  over  that  district  approve,  in  writing,  of  all  larger  sums.  This 
bill  was  drafted  by  Hon.  V.  M.  Rice,  State  Superintendent  of  Public  Instruc- 
tion, and  has  been  drawn  with  care.  Its  model  is  from  the  German.  No 
bill  has  been  introduced  this  session  whose  provisions  so  thoroughly  permeate 
every  hamlet  and  city  of  the  State,  as  well  as  every  country  school  district 
as  this. —  Kingston  Argus  (editorial),  February  13,  1867 

Compulsory  Education 

The  opinion  expressed  by  the  Rev.  Mr  Beecher  on  Sunday  last,  that  educa- 
tion should  be  compulsory,  agrees  precisely  with  the  views  hitherto  urged 
by  the  Sun.  One  of  the  essential  requisites  for  good  citizenship  is  a  fair 
elementary  education,  such  as  is  within  the  scope  of  every  intellect,  in  all 
grades  of  society.  The  acquisition  of  this  knowledge  need  not  interfere 
materially  with  other  duties,  yet  it  is  very  common  to  find  children  totally 
neglected  in  this  respect,  either  through  the  indifference  or  the  avarice  of 
parents.  The  early  years,  when  the  mind  is  plastic,  and  most  capable  of 
receiving  the  ground  work  of  education,  are  in  many  cases  allowed  to  pass 
in  other  occupations ;  or  as  is  too  often  the  case,  in  idleness  and  mischief. 
What  is  lost  before  the  age  of  fiftten  is  seldom  regained  in  later  years.  The 
necessities  of  life  begin  to  make  themselves  felt,  and  between  the  cares  of 
mind  and  physical  toil,  it  is  not  easy  to  find  time  for  systematic  education. 
It  would  be  well,  therefore,  if  parents  and  guardians  were  compelled  by  law 
to  send  their  children  between  certain  ages,  to  the  public  or  other  schools. 
A  law  to  this  effect  would  be  no  hardship  to  those  who  are  disposed  to  do 
their  duty,  but  it  would  oblige  delinquents  to  give  their  children  the  advan- 
tages which  the  State  provides  for  all.  The  system  has  long  prevailed  in 
Prussia  and  the  German  states,  and  the  consequence  is,  that  education  there 
is  more  universal  than  in  any  other  country.  Ignorance  is  especially  inex- 
cusable in  this  country,  where  every  male  citizen  has  a  share  and  interest  in 
the  government  imder  which  he  lives.  Without  some  education,  men  and 
women  are  wholly  unfit  to  do  their  part  in  the  civilized  society  of  this  repub- 
lic, and  since  children  of  tender  age  have  themselves  no  discretion  or  choice 
in  the  matter,  it  is  eminently  proper  that  their  natural  and  legal  protectors 
should  be  obliged  by  law  to  afford  them  every  facility  for  obtaining  a  sub- 
stantial and  practical  English  education.  The  stability  and  credit  of  our 
nation  depends  in  no  small  degree  on  the  efficiency  of  our  system  of  popular 
education,  and  every  state  should  take  measures  to  render  compulsory  such 
a  share  of  education  as  is  indispensable  to  intelligent  citizens.  This  subject 
will  be  an  appropriate  one  for  discussion  in  the  forthcoming  constitutional 
convention  in  this  State. —  New  York  Sun  {editorial) ,  April  16,  1867 

A  New  School  Plan 
Mr  Weed,  of  Clinton,  has  introduced  a  bill  to  establish  the  free  school 
system  throughout  the  entire  State.  It  takes  effect  on  the  first  of  October 
next.  It  requires  an  annual  state  tax  of  one  and  one-fourth  mills  per  dollar, 
from  which  fund,  thus  collected,  the  schools  are  to  supported.  The  distribu- 
tion of  money  is  to  be  made  in  proportion  to  the  averge  attendance  of  pupils, 
and  if  the  amount  be  not  sufficient  to  pay  the  teachers  employed,  the  amount 


560  THE    UNIVERSITY    OF   THE    STATE    OF    NEW   YORK 

of  deficiency  is  to  be  a  local  district  tax.  No  teacher  can  receive  pay  from 
the  State  or  district  without  having  a  written  certificate  from  the  school 
commissioner  as  to  his  fitness  to  teach.  The  bill  also  gives  enlarged  powers 
to  the  school  commissioners.  Repairs  on  school  buildings  to  a  cost  not 
exceeding  $200,  can  be  made  on  order  of  a  commissioner.  No  tax  exceeding 
$1000  for  building,  hiring  or  purchasing  a  schoolhouse,  can  be  collected  unless 
the  school  commissioner  approve  such  larger  sum.  This  bill,  it  is  under- 
stood, was  drafted  by  Victor  M.  Rice,  State  Superintendent. — Kingston 
Democratic  Journal  (editorial)  February  20,  1867 

Our  Common  Schools 

Do  the  people  of  New  York  know  that  nearly  three-fifths  of  the  children 
of  the  State  between  the  ages  of  six  and  seventeen  are  every  day  in  the  year 
absent  from  the  schoolroom,  and  knowing  this  fact,  will  they  realize  its 
fearful  significance  and  at  once  set  about  applying  the  remedy  which  they 
alone  can  apply?  The  statistics  of  the  last  report  of  the  Superintendent  of 
Public  Instruction  show  that  there  are  in  the  State  1,398,759  children  between 
the  ages  of  five  and  twenty-one,  and  961,518  between  the  ages  of  six  and 
seventeen.  Of  the  former  class,  an  average  number  of  395,617  were  in 
attendance  upon  school  every  day  in  the  year  and  obviously  a  less  number 
of  the  latter  class.  Taking  395,617  from  961,518  we  have  565,901  —  less  than 
the  average  number  out  of  school  every  day  in  the  year,  between  the  ages 
of  six  and  seventeen.  To  put  this  fact  in  the  startling  words  of  the  Super- 
intendent's report,  "  This  amounts  to  an  annual  loss  by  children  of  this  age 
only,  of  565,901  school  years  of  instruction.  Thus  more  than  half  a  million 
j'ears'  instruction  have  been  lost  in  a  single  year !  " 

It  may  seem  astonishing  to  the  hopeful  and  yet  thoughtful  friend  of  free 
institutions,  that  in  the  State  of  New  York,  right  in  the  midst  of  condi- 
tions the  most  favorable  to  popular  progress  and  development,  apathy  should 
be  growing  up  in  regard  to  the  matter  of  education  —  so  often  spoken  of  as 
the  bulwark  of  those  institutions,  their  only  assurance  of  permanent  safetj^ 
and  satisfactory  advancement.  Such  is  the  fact,  astonishing  as  it  certainly  is ; 
for  figures  do  not  lie.  We  do  not  propose,  at  present,  to  inquire  into  the 
causes  of  this  apathy,  but  to  examine  briefly  the  excuse  which  is  about  the 
best  offered  by  parents  for  the  nonattendance  of  their  children  at  school. 
That  excuse  is  the  same  as  that  offered  for  the  existence  of  202  log  school- 
houses  in  the  State  of  New  York;  for  the  existence  of  hundreds  of  such 
school  buildings  as  "  good  farmers  would  not  stable  their  cattle  in  during  the 
inclement  season  of  winter;"  for  the  employment  of  wretchedly  incompetent 
teachers,  viz :  the  expense.  Yet  that  expense  is  comparatively  insignificant, 
but  a  tithe  of  what  so  many  men  tax  themselves  for  tobacco  and  like  harm- 
ful indulgencies.  It  is  estimated  by  a  commissioner,  that  "  while  upon  ar; 
average,  a  man  may  send  his  children  to  school  by  the  payment  of  the 
labor  of  one  day  and  a  half  in  each  year,  still  the  rate  bill  is  first  considera- 
tion." "  In  my  opinion,"  says  another  commissioner,  "  rate  bills  affect  the 
attendance  at  the  schools  more  than  all  other  causes  combined."  Says 
another :  "  I  have  known  cases  where  the  dread  of  a  large  rate  bill  has 
broken  up  the  best  schools  in  the  district."  Another  adds :  "As  soon  as  it  is 
ascertained  that  the  public  money  is  expended,  the  children  are  withdrawn 


FREE   SCHOOLS  561 

from  school."  Still  another :  "  Rate  bills  operate  badly  in  some  districts, 
by  causing  '  cheap  teachers  '  to  be  hired,  whose  inexperience  and  inefficiency 
will  be  spread  out,  '  warranted  and  defended '  over  the  required  twenty- 
eight  weeks  for  the  public  money,  be  the  same  more  or  less." 

The  facts  are  humiliating  and  disgraceful,  besides  being  fearfully  ominous. 
But  they  are  too  well  attested  to  be  denied.  In  a  great  number  —  not  by  any 
means  all  —  the  school  districts  of  the  State,  there  exists  remarkable  apathy 
in  regard  to  education,  and  whatever  its  real  cause,  an  insignificant  rate 
bill  is  frequently  brought  forward  as  the  primary  and  efficient  one.  What 
is  the  remedy?  Obviously  the  rate  bill  should  be  abolished.  Let  the  alleged 
excuse  be  swept  away.  Let  the  schools  everywhere  be  made  absolutely  free. 
A  relatively  equal  tax  must  be  assessed  for  the  support  of  common  schools. 
The  principle  that  "  the  property  of  the  State  should  educate  the  children  of 
the  State,"  should  be  carried  out.  The  principle  is  absolutely  just.  It  is 
more;  it  is,  when  carried  into  operation,  self-remunerative.  Says  the  report 
of  the  Dutchess  county  commissioner:  "Our  city  (Poughkeepsie)  raises 
nearly  three  times  as  much  money  for  the  support  of  paupers  as  it  does  for 
the  support  of  schools.  Were  the  amount  provided  for  schools  doubled,  I 
believe  we  might  soon  diminish  in  the  same  proportion  the  amount  required 
for  paupers."  In  our  own  city  of  Utica,  about  $40,000  are  annually  paid  for 
the  support  of  the  poor,  but  only  half  that  sum  for  the  support  of  schools. 

A  bill,  amendatory  of  the  present  school  law  is  now  before  the  Legislature, 
having  already  passed  the  lower  House,  which  is  intended  to  meet  by  its 
provision,  the  necessities  of  the  situation.  Its  main  features  are  the  abolition 
of  the  entire  system  of  rate  bills  and  the  increase  of  the  state  tax  for  the 
support  of  schools  from  three-fourths  to  one  and  one-fourth  of  a  mill  per 
dollar.  This  proposed  tax  will  yield  a  revenue  of  $2,074,315.77.  The  state 
appropriation  of  $155,000  from  the  common  school  fund,  and  $165,000  from 
the  United  States  deposit  fund,  makes  the  aggregate  $2,394,315.77.  This,  it 
is  thought,  will  be  sufficient  to  support  the  schools  of  the  State,  except  in  the 
large  cities,  for  twenty-eight  weeks  in  the  year.  This  bill  will  no  doubt 
become  a  law.  The  educational  interests  of  the  State  —  second  in  importance 
to  no  other  interests  —  demand  its  adoption  and  the  practical  application  of 
its  provisions  to  the  schools  of  the  State. 

But  this  will  not  be  sufficient.  It  is  not  enough  that  the  State  generously 
assist  in  the  payment  of  teachers'  wages.  Twenty-eight  weeks  of  school  each 
year  are  a  much  fewer  number  than  is  demanded  for  the  satisfactory  mental 
progress  of  the  children.  Two  million  three  hundred  and  ninety  thousand 
dollars  is  an  aggregate  sum  much  too  small  to  procure  the  services  of  com- 
petent teachers  for  all  the  common  schools  of  this  great  State.  No  amount  of 
legislation,  of  appropriation  of  money,  or  of  any  merely  external  appliances, 
can  make  up  for  the  lack  of  interest  on  the  part  of  the  people.  Money  can  be 
distributed,  teachers  may  be  employed,  commissioners  may  do  their  whole 
duty,  and  yet  there  is  wanting  the  one  thing  needful  if  the  active  and  earnest- 
encouragement  and  support  of  the  people  themselves,  are  withheld.  At  least 
let  us  have  everywhere  as  much  interest  as  will  induce  parents  to  send  their 
children  to  the  schools  that  are  provided.  For  the  daily  detention  of 
hundreds  of  thousands  from  the  schoolroom,  there  can  be,  in  a  vast  majority 
of  cases,  no  reasonable  excuse.  It  is  as  much  the  duty  of  a  parent  to  provide 
for  his  children,  at  least  such  an  amount  of  instruction  as  qualifies  them  to 
36 


562  THE  UNIVERSITY   OF  THE  STATE   OF   NEW  YORK 

perform  the  ordinary  requirements  of  intelligent  citizenship,  as  it  is  to  feed 
and  clothe  their  bodies.  The  amendatory  brll,  if  it  becomes  a  law,  will  no 
doubt  do  considerable  toward  remedying  the  evil  of  nonattendance ;  but  it 
cannot  do  all  that  ought  to  be  done.  And  what  if  measures  already  devised 
and  under  contemplation  fail  to  secure  the  desired  results?  What  if  the 
apathy  remains,  and  our  common  schools  continue  year  by  year  to  lapse 
towards  inefficiency?  Will  not  the  time  come,  when  the  State  will  be  called 
upon,  by  its  obligations  to  generations  of  the  immediate  and  distant  future, 
the  nonperformance  of  which  it  can  not  evade,  to  make  attendance  upon 
such  instruction  as  is  necessary  for  the  safety  of  our  institutions,  in  a  greater 
or  less  degree  compulsory? 

—  Utica  Morning  Herald  and  Daily  Gazette,  April  5,  1867 

Free  Schools 

A  bill  establishing  free  schools  throughout  the  State,  has  passed  the 
Assembly,  without  opposition,  and  it  is  to  be  presumed  that  it  will  soon  pass 
the  Senate,  and  become  a  law.  It  increases  the  three-fourths  mill  tax  now 
imposed  for  the  support  of  schools,  to  one  and  one-fourth  mills  on  the 
dollar,  which  will  net  $2,075,315.77.  In  addition  to  this  the  State  appropriates 
$155,000  from  the  common  school  fund,  and  $165,000  from  the  United  States 
deposit  fund  each  year,  making  $2,304,315.77  in  all.  For  this  twenty-eight 
weeks  of  school  are  to  be  held  in  every  school  district,  and  whatever  further 
is  required,  the  school  districts,  villages  and  cities  must  make  up  by  local 
taxation.  The  passage  of  this  bill  completes  an  effort  persisted  in  by 
educational  men  >,ver  since  1848. 

Of  this  tax  New  York  City  will  pay  about  $800,000,  a  handsome  portion  of 
which  will  be  absorbed  by  other  counties,  as  only  New  York,  Kings  and 
Albany  counties  draw  back  from  the  state  treasury,  a  less  amount  than  they 
pay.  In  1865,  New  York  paid  for  schools  into  the  state  treasury  $445,088.27; 
the  aggregate  for  the  State  being  $1,148,422.22. 

The  entire  valuation  of  the  State  is  $1,659,552,615 ;  of  New  York,  $736,-  • 
088,908;  Kings,  $143,817,295,  so  that  of  the  state  tax  these  two  counties  pay 
more  than  half. —  Schenectady  Republican  {editorial),  April  13,  1867 

The  School  Bill 

The  bill  to  make  the  schools  of  the  State  absolutely  free,  has  been  signed 
by  the  Governor.  This  law  increases  the  annual  state  tax  from  three- 
quarters  of  a  mill  to  one  and  a  quarter  mills  on  the  dollar,  and  will  permit 
schools  to  be  taught  throughout  the  year.  This  is  an  excellent  measure,  and 
is  one  of  the  redeeming  acts  of  the  present  legislative  session. 

—  Utica  Morning  Herald  and  Daily  Gazette,  April  10,  1867 

Our  Common  Schools 

The  Legislature  passed,  and  the  Governor  has  just  signed,  a  most  important 
bill  in  relation  to  the  common  schools  of  the  State.  It  is  denominated  the 
free  school  law,  and  it  accomplishes  just  what  its  title  expresses.  Our 
schools  have  heretofore  been  called  free,  but  they  have  not  been  literally 
free,   and   experience    has    shown    that    the   comparatively    trifling   expense 


FREE   SCHOOLS  563 

attached  to  attendance  has  kept  large  numbers  of  children  away.  What 
are  the  facts? 

The  reports  show  that  of  1,398,759  children  in  the  State,  between  the  ages 
of  five  and  twenty-one,  an  average  number  of  only  395,617  were  in  attendance 
upon  school  every  day  in  the  year.  Or  taking  the  number  of  those  between 
the  ages  of  six  and  seventeen,  961,518,  it  appears  that  there  is  at  least  an 
average  number  of  565,901  out  of  school  every  day  in  the  year.  This  is 
certainly  a  startling  statement.  In  the  language  of  the  Superintendent  of 
Public  Instruction :  "  This  amounts  to  an  annual  loss,  by  children  of  this 
age  only,  of  565,901  school  years'  instruction.  Thus  more  than  half  a  million 
years'  instruction  have  been  lost  in  a  single  year." 

After  all  that  has  been  said  about  the  value  of  education,  and  about  common 
schools  as  the  bulwark  of  freedom,  these  figures  seem  almost  unaccountable. 
The  conditions  have  been  favorable  to  educational  progress.  There  has  been 
no  lack  of  the  enlightenment  which  enforces  the  importance  of  constant 
instruction  for  the  young.  There  has  been  no  want  of  such  facilities  and 
advantages  as,  although  far  from  perfect,  should  have  drawn  out  a  full 
attendance.  Yet  the  fact  remains  that  far  less  than  one-half  of  the  children 
between  the  ages  of  six  and  seventeen  have  daily  attended  the  schools.  Upon 
what  principle  is  it  to  be  accounted  for?  Strange  as  it  may  seem  the  insig- 
nificant rate  bill  has  been  the  controlling  cause.    Look  at  the  testimony. 

One  commissioner  says  that  "  while  upon  an  average  a  man  may  send  his 
children  to  school  by  the  payment  of  the  labor  of  one  day  and  a  half  in  each 
year,  still  the  rate  bill  is  the  first  consideration." 

"  In  my  opinion,"  says  another,  "  rate  bills  effect  the  attendance  at  the 
schools  more  than  all  other  causes  combined." 

"  I  have  known  cases,"  says  a  third,  "  where  the  dread  of  a  large  rate  bill 
has  broken  up  the  best  schools  in  the  district."  This  is  the  uniform  testimony. 
—  The  paltry  rate  bill  keeps  the  children  at  home.  Undoubtedly  there  are 
other  causes,  but  that  is  the  main  one.  It  is  not  a  satisfactory  thing 
to  confess,  but  it  must  nevertheless  be  accepted  and  acted  upon.  This 
the  new  law  does.  It  abolishes  the  whole  system  of  rate  bills.  It  makes 
the  schools  absolutely  free.  It  opens  them  to  all  without  price.  The  state 
tax  for  the  support  of  schools  is  increased  from  three-fourths  to  one  and 
one-fourth  of  a  mill,  and  it  is  calculated  that  this  will  yield  a  revenue  of 
$2,074,315.77.  To  it  must  be  added  $155,000  from  the  common  school  fund 
and  $165,000  from  the  United  States  deposit  fund,  making  an  aggregate  of 
nearly  $2,400,000. 

It  is  estimated  that  this  sum  will  support  the  schools  of  the  State,  except  in 
the  larger  cities,  during  twenty-eight  weeks  of  the  year.  It  marks  an  era 
in  our  educational  history  and  will  greatly  promote  the  educational  interests 
of  the  State.  That  it  will  bring  all  the  children  into  the  schools  cannot  be 
expected.  In  every  community  there  are  those  who  fail  to  appreciate  and 
accept  the  advantages  which  are  placed  directly  before  them,  and  the  figures 
show  that  there  has  been  marked  indifference  and  apathy  among  the  people. 
But  the  bill  removes  what  experience  has  shown  to  be  a  common  excuse, 
and  its  effect  cannot  fail  to  be  an  increase  in  the  attendance  upon  our  schools. 

The  new  law  does  not  take  effect  until  the  close  of  the  school  year  — 
October  ist.  Until  that  time  the  schools  are  to  be  supported  as  heretofore. 
—  Kingston  Democratic  Journal  (editorial) ,  May  15,  186/ 


564  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

The  law,  taking  effect  October  i,  1867,  had  increased  state  taxation  for 
the  schools,  and  made  them  free  in  fact,  as  well  as  in  name,  throughout 
the  State,  as  they  had  been,  for  years,  in  the  cities.  The  rate  bill  was 
abolished.  This  was  a  glorious  consummation.  The  blot  upon  the  'scutcheon 
was  effaced.  The  principle  that  the  property  of  the  State  should  educate  the 
children  of  the  State  was  vindicated.  The  doors  of  the  common  school  were 
opened  wide ;  all  could  enter  upon  equal  terms ;  there  would  be  no  further 
exemptions  as  the  stigma  of  the  indigent  and  no  further  burdens  to  make 
up  deficiencies  for  the  well-to-do  to  bear.  The  schools  were  democratized. 
The  free  school  was,  above  all  else,  a  basal  principal  of  a  commonwealth, 
long  apprehended,  by  statesmanship  and  expressed  by  the  municipalities,  yet 
long  waiting  for  full  legal  recognition.  As  such,  the  statute  of  1867  is  to  be 
commemorated  in  educational  annals,  and,  credit  is  to  be  accorded  to  those 
who  are  instrumental  in  securing  it,  and  conspicuously  to  Victor  M.  Rice, 
who,  as  the  head  of  the  common  school  system,  was  its  consistent  champion 
and  tireless  promoter. —  The  Public  School,  by  Charles  E.  Fitch 


FREE   SCHOOLS  565 

Chapter  13 

THE  IMPORTANT  EDUCATIONAL  LAWS  OE  1917 
In  1869  it  could  already  be  said  that  the  cause  of  public  instruc- 
tion during  the  last  fiscal  year  had  brought  results  unequaled  in  all 
the  past.  We  are  now  enabled  to  study  the  influence  of  this  meas- 
ure not  only  from  the  limited  experience  of  one  year  but  through 
the  period  of  half  a  century.  The  State  had  committed  itself  ''  to 
the  liberal  and  progressive  policy  of  providing  for  all  its  children 
within  its  limits,  the  opportunity  to  acquire  at  least  a  sound  elementary 
education  sufficient  for  the  duties  of  good  citizenship  and  personal 
usefulness."  That  that  progressive  liberal  spirit  that  authorized  these 
possibilities  "  has  not  failed  to  watch  its  workings  with  unabated 
interest,"  is  manifested  in  the  continued  efforts  for  better  and  better 
schools. 

The  following  legislation  of  191 7  is  a  fitting  tribute  to  that  liberal 
spirit  and  a  worthy  contribution  to  the  fiftieth  anniversary  of  the 
free  school  movement. 

COMMUNICATION  FROM  THE  PRESIDENT  OF  THE  UNIVERSITY* 

July  19,  1917 
To  the  Honorable  The  Board  of  Regents: 

Legislation  in  1917 

The  legislative  program  of  191 7  approved  by  the  Board  of  Regents  was 
adopted  almost  in  its  entirety  by  the  Legislature  of  1917  and  approved  by 
the  Governor.  The  legislature  enacted  will  practically  result  in  the  reorgan- 
ization of  the  administration  of  the  school  system  of  the  entire  State.  More 
legislation  of  far-reaching  importance  in  its  influence  on  public  education 
was  enacted  by  the  Legislature  of  191 7  than  has  been  enacted  by  the  Legis- 
latures of  any  decade. 

While  credit  can  not  here  be  apportioned  to  all  who  have  had  part  in  its 
enactment,  the  Legislature  and  the  Governor  are  deserving  of  a  special 
vote  of  appreciation  from  this  body,  and  with  them  Doctor  Finegan,  who 
has  for  years  had  charge  of  legislation  for  the  Department.  His  persistency, 
patience,  courage  and  complete  acquaintance  with  the  problems  are  in  a 
good  measure  responsible  for  the  gratifying  results. 

The  following  important  educational  legislation  was  obtained: 

I  The  enactment  of  the  township  law,  which  substitutes  the  town  for  the 
school  district  as  the  unit  of  administration  in  rural  schools.  This  measure 
was  before  the  Legislature  thirty  years  ago,  and  was  introduced  again,  with 
the  approval  of  the  Board  of  Regents,  in  the  Legislatures  of  1915,  1916  and 
1917. 


^  From  the  ReRcnts  Journal.  .3 


566  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

2  The  city  school  law,  which  repeals  about  250  special  laws  relating  to 
the  school  systems  of  the  cities  and  substitutes  therefor  one  measure.  This, 
like  the  township  law,  has  been  before  three  Legislatures,  with  the  approval  of 
the  Board  of  Regents.  It  has  become  known  as  a  home  rule  measure, 
because  the  provisions  of  the  law  are  such  as  to  confer  large  powers  upon 
local  school  authorities  in  the  administration  of  city  school  system. 

3  School  elections  are  held  in  about  one-half  of  the  cities  of  the  State 
but  there  has  been  no  general  law  regulating  and  controlling  such  elections. 
The  Legislature  of  1917  enacted  a  school  election  law  applicable  to  the 
cities  in  which  the  people  elect  members  of  boards  of  education. 

4  A  law  increasing  the  salary  of  the  207  district  superintendents  of  schools, 
who  are  charged  with  the  supervision  of  the  rural  schools  of  the  State,  from 
$1200  to  $1500  a  year,  was  also  enacted  and  approved  by  the  Governor. 

5  Two  or  more  adjoining  union  free  school  districts  are  authorized  to 
unite  and  maintain  one  central  high  school  for  the  benefit  of  all  the  high 
school  children  living  within  the  territory  of  such  districts,  under  a  measure 
which  was  enacted  this  year.  While  this  measure  is  purely  optional,  it 
offers  the  opportunity  to  several  districts  in  the  populous  centers  of  the 
State  to  unite  and  maintain  one  strong,  effective  high  school  where  two 
or  more  are  now  maintained.  There  are  sections  of  the  State  where  the 
operation  of  this  law  will  result  not  only  in  affording  more  efficient  high 
schools  but  in  economy  in  the  administration  of  such  schools. 

6  While  not  approved  by  the  Board  of  Regents,  the  bill  before  the 
Legislature  reorganizing  the  retirement  act  for  the  city  of  New  York  had 
the  support  of  the  Department  officials.  This  is  an  important  law  as  it 
affects  about  25,000  teachers,  or  nearly  one-half  of  the  teaching  force  of 
the  State.  The  laws  rests  upon  a  sound  actuarial  basis  and  has  the  approval 
of  the  State  Department  of  Insurance.  It  will  undoubtedly  furnish  a  model 
for  other  large  cities  in  the  country  as  well  as  for  other  states. 

7  The  secondary  agricultural  schools  of  the  State  are  placed  under  the 
direct  supervision  and  control  of  the  Education  Department.  Hereafter, 
this  Department  will  exercise  the  same  control  and  management  over  these 
schools  which  it  now  exercises  over  state  normal  schools.  This  bill  was  not 
initiated  or  approved  by  the  Board  of  Regents  or  officers  of  the  Education 
Department  but  was  enacted  after  a  conference  between  leading  members 
of  the  Legislature  and  members  of  the  Education  Department. 

8  Each  town  board  of  education  as  well  as  the  board  of  education  of  each 
union  free  school  district  or  city  is  authorized  to  employ  a  director  of 
agriculture  to  supervise  practical  and  scientific  instruction  in  agriculture. 
Under  the  terms  of  this  law  the  State  will  pay  an  annual  quota  of  $600 
to  each  town,  school  district  or  city  which  employs  such  director.  In  con- 
nection with  the  township  law  this  measure  will  be  an  important  one  in 
the  development  of  agricultural  education. 

9  The  Board  of  Regents  was  designated^  by  the  Legislature  as  the  State 
authority  to  cooperate  with  the  authorities  of  the  national  government  in 
the  proper  enforcement  and  administration  of  the  national  vocational  educa- 
tion law,  known  as  the  Smith-Hughes  law. 

10  Another  important  measure  approved  by  the  Board  of  Regents  and 
enacted  into  law   is  one  which   requires  each   city  and  union   free   school 


t  FREE  SCHOOLS  567 

district  to  take  au  enumeration  of  all  children  who  are  three  years  or  more 
retarded  in  mental  development.  The  Board  of  Regents  will  be  required 
under  the  terms  of  this  law,  to  prescribe  regulations  for  the  segregation  of 
such  children  and  for  providing  special  instruction  adapted  to  their  mental 
attainments. 

11  Another  equally  important  law,  and  a  companion  to  the  one  relaling 
to  the  children  of  retarded  mental  development,  is  the  one  enacted  requiring 
each  union  free  rchool  district  or  city  to  take  an  enumeration  of  the  children 
who  are  physically  defective,  such  as  deaf,  blind  or  crippled.  The  enact- 
ment of  these  two  laws  affords  the  Department  the  opportunity  to  make  an 
important  contribution  in  providing  for  the  proper  education  of  these  two 
types  of  unfortunate  children  and  in  the  elimination  of  many  evils  which 
now  exist. 

12  The  amendments  to  the  compulsory  attendance  law  make  that  law 
more  effective  and  easily  enforced.  Provision  was  also  made  for  a  permanent 
census  board  in  each  city  of  the  State.  These  boards  must  be  organized 
under  regulation";  prescribed  by  the  Board  of  Regents  and  will  furnish 
information  in  each  city  as  to  the  number  of  children  within  compulsory 
attendance  age,  and  their  residence.  This  will  be  of  material  assistance  in 
the  proper  enforcement  of  the  compulsory  attendance  law. 

13  The  increase  in  appropriations  for  the  work  of  the  Education  Depart- 
ment this  year  over  the  appropriations  last  year  is  in  excess  of  $400,000. 
The  greater  part  of  this  increase  is  for  the  automatic  increase  in  appor- 
tionments to  the  public  schools,  yet  through  these  appropriations  provision 
is  made  for  two  additional  inspectors  in  the  Attendance  Division,  for  an 
assistant  medical  inspector  and  a  registered  nurse  in  the  bureau  of  medical 
inspection,  and  for  two  additional  specialists  in  the  Examinations  and 
Inspections  Division.  Provision  is  also  made  for  an  officer  to  organize  and 
develop  the  work  of  education  for  adult  illiterates. 

14  An  additional  state  normal  school  was  authorized  for  Westchester 
county.  This  school  is  not  to  be  established  until  proper  provision  has 
been  made  for  improvements  to  the  other  normal  schools  of  the  State  and 
until  the  Board  of  Regents  certifies  the  necessity  for  this  additional  school. 

15  The  Commissioner  of  Education  was  given  discretionary  power  to 
meet  situations  such  as  those  which  arose  last  year  by  reason  of  the 
prevalence  of  infantile  paralysis  and  which  prevented  many  schools  from 
being  in  session  the  required  period  of  180  days.  In  such  cases  the  Com- 
missioner of  Education  is  given  discretion  to  apportion  to  the  districts  the 
full  amount  of  public  money  to  which  they  are  entitled. 

16  Laws  were  also  enacted  strengthening  the  statutes  which  regulate  the 
practice  of  dentistry,   optometry,   veterinary  medicine  and   architecture. 

17  The  general  education  law  was  also  amended  by  conferring  on  the 
Board  of  Regents  discretionary  power  relative  to  the  licensing  of  persons 
to  practise  the  various  professions.  The  object  of  this  amendment  is  to 
enable  the  Board  of  Regents  to  relieve  individuals  from  hardships  which 
would  otherwise  result  because  of  their  failure  to  meet  technical  require- 
ments of  the  statutes. 

The  Laws  Enacted 
The  more  important  of  these  laws  are  given  in  full  as  follows : 


568  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Chapter  328 

AN  ACT  to  amend  the  Education  Law,  by  creating  town  boards  of  education 
and  providing  for  the  support  and  maintenance  of  schools  in  towns. 

Became  a  law  May  2,  1917.  with  the  approval  of  the  Governor.  Passed,  three-fifths  being 
present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

Section  i  Chapter  21  of  the  Laws  of  1909,  entitled  "An  act  relating  to 
education,  constituting  chapter  16  of  the  Consolidated  Laws,"  as  amended 
by  chapter  140  of  the  Laws  of  1910,  is  hereby  amended  by  inserting  therein 
a  new  article,  to  be  known  as  article  ii-a,  and  to  read  as  follows: 

ARTICLE  XI-A. 

TOWN  BOARD  OF  EDUCATION 

Section  330  School  districts  continued 

331  Town  board  of  education 

332  Qualification  of  members  of  board  of  education 

333  Appointment  of  officers  by  board 

334  Bond  of  treasurer 

335  Vacancies  in  school  offices 

336  Board  to  constitute  a  body  corporate 

337  Meetings  of  board 

338  Duties   of   clerk 

339  Duties  of  treasurer 

340  Powers  of  board  of  education 

341  Schools  to  be  free  to  children  of  town 

342  Transfer  of  pupils 

343  Schoolhouse  sites 

344  Erection,  repair  and  improvement  of  school  buildings 

345  Annual  school  budget 

346  Levy  and  collection  of  taxes 

347  Borrowing  money  in  anticipation  of  collection  of  taxes 

348  Submission  of  certain  questions  to  a  vote  of  the  town 

349  Issue  and  sale  of  school  bonds 

350  State  funds  to  be  used  for  schools  of  town 

351  Certain  union  free  school  districts  not  subject  to  provision  of 

article 

352  School    district    officers    abolished ;    terms    continued    to    collect 

funds,  pay  claims,  et  cetera. 

353  Outstanding  bonds ;  existing  school  property 

354  Election  of  board  of  education 

355  Time  and  place  of  annual  meeting 

356  Notice  of  annual  school  meeting 

357  Special  school  meetings  in  towns 

358  Qualifications  of  voters  at  school  meetings 

359  Preparation  of  list  of  qualified  electors 

360  Nominations  and  ballots 

361  Inspectors  of  election 


FREE   SCHOOLS  569 

362  Conduct  of  school  meetings ;  challenges 

363  Canvass  of  votes;  declaration  of  result 

364  Successful  candidates  to  be  notified  of  election 

365  Appeals  to  the  Commissioner  of  Education 

§  330  School  districts  continued.  Each  school  district  in  the  State  is 
hereb}-  continued  as  such  district  exists  at  the  time  this  act  goes  into  effect 
or  until  modified  as  provided  in  this  chapter.  No  order  consolidating  two 
or  more  school  districts  shall  be  effective  until  such  order  is  approved  by  a 
majority  vote  of  the  town  board  of  education  of  the  town  or  towns  in  which 
such  districts  are  located,  and  thereafter  approved  by  a  majority  vote  of  the 
qualified  electors  of  each  district  present  and  voting  at  a  meeting  of  the 
districts  consolidated  by  said  order. 

§  331  Town  board  of  education,  i  A  town  board  of  education  in  each 
town  of  the  State,  having  jurisdiction  over  all  the  schools  in  the  town  as 
hereinafter  provided,  except  in  union  free  school  districts  having  a  population 
of  fifteen  hundred  or  more  or  employing  fifteen  teachers  or  more  at  the  time 
this  act  takes  effect,  and  the  school  districts  in  the  several  towns  of  a  county 
which  adjoins  a  city  having  a  population  of  one  million  or  more  and  in  which 
there  are  only  two  district  superintendents,  is  hereby  established  to  begin  on 
the  first  day  of  August,  1917.  Such  board  shall  consist  of  three  members  in 
each  town  in  which  the  number  of  school  districts  under  its  jurisdiction 
is  five  or  less  and  shall  consist  of  five  members  in  all  other  towns.  The 
term  of  office  of  each  member  shall  be  three  years  except  that,  of  the 
members  first  elected  hereunder,  in  a  town  having  three  members  on  such 
board,  one  shall  hold  office  until  August  i,  1918,  one  until  August,  i,  1919, 
and  one  until  August  i,  1920,  and  in  a  town  having  five  members,  two  shall 
hold  office  until  August  i,  1918,  two  until  August  i,  1919,  and  one  until 
August  I,  1920.  The  terms  of  office  of  such  members  shall  begin  on  the 
first  day  of  August  following  their  election. 

2  Where  there  are  two  or  more  union  free  school  districts  each  having 
a  population  of  less  than  fifteen  hundred,  each  maintaining  an  academic 
department  which  has  been  admitted  to  The  University  of  the  State  of  New 
York  and  the  principal  schoolhouse  in  each  is  situated  wholly  in  the  same 
town,  the  district  superintendent  shall  issue  an  order  dividing  the  town 
into  as  many  units  as  there  are  such  union  free  school  districts  situated  in  the 
town  and  designating  the  several  school  districts  of  the  town  to  be  associated 
with  such  union  free  school  districts  to  form  such  units.  The  said  units 
shall  be  known  as  town  school  units  and  shall  be  numbered  by  the  district 
superintendent  at  the  time  of  such  division.  Each  union  free  school  district 
and  the  districts  so  associated  with  it  in  forming  such  unit  shall  have  a 
separate  board  of  education  to  be  elected  in  the  same  manner  as  boards  of 
education  in  towns  are  elected.  Such  board  shall  have  and  exercise  the 
jurisdiction  and  powers,  and  perform  the  duties  in  respect  to  the  schools  in 
the  districts  forming  said  unit,  conferred  or  imposed  upon  a  town  board  of 
education  as  to  the  schools  of  the  several  districts  in  a  town.  Wherever  in 
this  article  reference  is  made  to  the  town  board  of  education,  to  the  school 
officers  of  the  town,  to  the  school  meeting  of  the  town,  or  to  the  school 
electors  of  the  town  it  shall  be  construed  as  referring  also  to  the  boards  of 
education,  school  officers,  school  meeting  or  school  electors  of  such  units 
as  the  case  may  be. 


570  THE    UNIVERSITY    OF   THE    STATE    OF    NEW   YORK 

3  Whenever  twenty-five  duly  qualified  voters  from  each  of  such  separate 
units  in  a  town  having  two  or  more  boards  of  education  shall  present  a 
petition  to  the  district  superintendent  to  have  all  of  the  schools  situated 
within  the  limits  of  the  town  united  under  one  town  board  of  education  as 
provided  by  subdivision  i  of  this  section,  the  district  superintendent  shall 
direct  each  separate  board  of  education  to  submit  to  the  voters  of  their 
unit  at  the  next  annual  school  meeting  the  question  "  Shall  all  the  schools 

in  the  town  of be  placed  under  the  jurisdiction  of  one  town  board 

of  education?"  If  a  majority  of  the  voters  in  each  separate  unit,  voting  at 
such  election,  shall  vote  in  favor  thereof,  the  terms  of  office  of  each  of  the 
members  of  the  boards  of  education  in  such  town  shall  terminate  one  year 
from  the  first  day  of  August  next  following  such  annual  meeting,  and 
there  shall  be  elected  at  the  next  annual  meeting  a  new  town  board  of 
education  as  provided  by  section  three  hundred  and  fifty-four  of  this  act, 
which  board  shall  take  charge  of  all  the  schools  of  the  town  on  the  first 
day  of  August  following  such  election. 

4  In  a  town  in  which  there  is,  wholly  or  in  part,  a  union  free  school 
district  having  a  population  of  fifteen  hundred  or  more  or  employing  fifteen 
teachers  or  more,  the  principal  schoolhouse  of  which  is  situate  in  such  town, 
such  district  may  by  resolution,  duly  submitted  and  adopted  as  provided  by 
law  at  a  district  meeting,  determine  to  become  subject  to  the  provisions  of 
this  article.  The  board  of  education  shall,  upon  the  petition  signed  by  not 
less  than  fifteen  per  centum  of  the  qualified  electors  of  such  district,  give 
notice  of  the  submission  of  such  resolution  to  an  annual  or  special  meeting, 
m  the  manner  provided  by  law.  If  such  resolution  be  adopted  at  such 
meeting,  the  board  of  education  of  the  town  in  which  the  schoolhouse  of  such 
district  is  situate,  shall,  upon  petition  signed  by  fifteen  per  centum  of  the 
qualified  electors  of  such  town,  residing  outside  of  such  union  free  school 
district,  submit  a  resolution  to  an  annual  or  special  meeting  of  such  town  as 
provided  in  this  article,  for  the  purpose  of  determining  whether  such  union 
free  school  district  shall  become  subject  to  the  provisions  of  this  article.  If 
such  resolution  be  adopted  by  such  town,  the  schools  of  such  union  free 
school  district  shall  become  subject  to  the  jurisdiction  of  the  board  of 
education  of  such  town  and  the  provisions  of  this  article  shall  apply  to  such 
district  and  the  schools  thereof,  notwithstanding  the  exception  contained  in 
subdivision  i  of  this  section,  and  thereupon  the  terms  of  office  of  the  officers 
of  such  union  free  school  district  shall  terminate. 

§  332  Qualifications  of  members  of  board  of  education.  A  member  of 
a  board  of  education  must  be  a  qualified  elector  at  the  school  meetings  of 
the  town  for  which  he  is  chosen.  A  district  superintendent  of  schools,  or 
a  supervisor  shall  not  be  eligible  to  the  office  of  member  of  a  board  of 
education.  Not  more  than  one  member  of  a  family  shall  be  a  member  of  the 
same  board  of  education  in  a  town.  A  person  who  is  removed  from  his 
office  as  a  member  of  a  board  of  education  shall  be  ineligible  to  appointment 
or  election  to  any  school  office  in  the  town  for  a  period  of  five  j'cars  from 
the  date  of  such  removal. 

§  333  Appointment  of  officers  by  board.  The  board  of  education  of 
each  town  shall  elect  one  of  its  members  chairman  who  shall  serve  until  the 
next  annual  meeting  of  the  board,  and  shall  also  appoint  a  clerk  of  the 


FREE  SCHOOLS  571 

boaid  and  a  town  school  treasurer  to  serve  during  the  pleasure  of  such  board. 
Any  person  who  is  qualified  to  vote  at  a  school  meeting  in  the  town  may 
be  appointed  as  clerk  or  treasurer.  A  member  of  the  board  or  a  teacher 
employed  in  a  public  school  of  the  town  shall  not  hold  the  office  of  clerk  or 
treasurer.  The  board  shall  determine  the  duties  and  fix  the  compensation 
of  such  clerk  and  treasurer. 

§  334  Bond  of  treasurer.  The  treasurer  within  ten  days  after  the  receipt 
of  notice  in  writing  of  his  appointment,  duly  served  upon  him,  and  before 
entering  upon  the  duties  of  his  office,  shall  execute  and  deliver  to  the  board 
of  education  a  bond,  in  a  sum  to  be  prescribed  by  the  board  and  with  sureties 
to  be  approved  by  it,  conditioned  for  the  faithful  discharge  of  the  duties 
of  his  office. 

§  335  Vacancies  in  school  offices,  i  A  school  office  becomes  vacant  by 
death,  resignation,  refusal  to  serve,  incapacity,  removal  from  the  town  or 
from  office. 

2  A  member  of  a  board  of  education  who  publicly  declares  that  he  will  not 
accept  or  serve  in  the  office  of  member  of  the  board  of  education,  or  refuses 
or  neglects  to  attend  three  successive  meetings  of  the  board  of  which  he  is  duly 
notified,  without  rendering  a  good  and  valid  reason  therefor  to  the  board  of 
education,  vacates  his  office  by  refusal  to  serve. 

3  A  member  of  a  board  of  education  vacates  his  office  by  the  acceptance 
of  either  the  office  of  district  superintendent  of  schools  or  of  supervisor. 

4  A  treasurer  vacates  his  office  by  failure  to  execute  a  bond  to  the  board 
of  education  as  herein  required. 

5  A  vacancy  in  the  office  of  member  of  a  board  of  education  may  be  filled 
by  the  board.  A  person  appointed  to  fill  such  vacancy  shall  hold  office  until 
the  next  annual  school  meeting  of  the  town,  when  such  vacancy  shall  be 
filled  by  election  for  the  balance  of  the  unexpired  term. 

6  When  a  vacancy  has  existed  in  the  office  of  a  member  of  a  board  of 
education  for  thirty  days,  the  district  superintendent  of  schools  shall 
appoint  a  person  qualified  to  vote  at  school  meetings  in  the  town  to  fill  such 
vacancy  and  the  person  so  appointed  shall  hold  office  until  the  next  annual 
school  meeting  of  the  town,  when  the  vacancy  shall  be  filled  for  the  balance 
of  the  unexpired  term. 

§  336  Board  to  constitute  a  body  corporate.  The  board  of  education 
of  each  town  shall  be  a  corporation.  All  property  which  is  now  vested  in, 
or  shall  be  hereafter  transferred  to,  the  board  of  education  of  a  town  for 
the  use  of  schools  therein  shall  be  held  by  such  board  as  a  corporation. 

§  337  Meetings  of  board.  The  annual  meeting  of  a  board  of  education 
of  a  town  shall  be  held  on  the  first  Tuesday  in  .August  of  each  year.  A 
regular  meeting  c  f  the  board  shall  be  held  at  least  once  in  each  quarter.  The 
board  may  adopt  by-laws  prescribing  the  time  and  place  where  regular 
meetings  shall  be  held,  and  regulate  the  conduct  of  such  meetings.  Such 
board  shall  also  prescribe  a  method  of  calling  special  meetings.  The  meetings 
of  the  board  shall  be  open  to  the  public  but  the  board  may  hold  executive 
sessions  at  which  business  may  be  transacted  which  should  not,  in  its  judg- 
ment, be  transactod  in  an  open  session,  at  which  sessions  only  member  of  the 
board  or  persons  invited  shall  be  present. 

§  338  Duties  of  clerks.  The  clerk  of  the  board  of  education  of  each  town 
shall  have  the  powers  and  perform   the  duties  of  the  clerk  of  a   school 


572  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

district  as  provided  in  this  chapter.    In  addition  to  such  powers  and  duties, 
such  clerk  shall 

1  Act  as  clerk  at  all  meetings  of  the  board  and  record  the  proceedings  of 
such  meetings,  and  the  orders  and  resolutions  adopted  thereat,  in  proper 
books. 

2  Draw  and  sign  warrants  upon  the  treasurer  for  all  moneys  to  be  dis- 
bursed by  the  town  for  school  purposes  and  present  them  to  the  chairman 
to  be  countersigned  by  that  officer.  Each  warrant  shall  specify  the  object 
for  which  it  is  drawn,  the  fund  from  which  it  is  payable  and  the  name  of 
the  individual  or  corporation  to  whom  the  amount  thereof  is  payable. 

3  When  directed  by  the  board  of  education,  prepare  all  reports  required  by 
law  and  forward  the  same  to  the  proper  officers. 

4  Perform  such  other  duties  as  are  or  shall  be  required  by  law  or  by  the 
board    of    education. 

§  339  Duties  of  treasurer.  The  treasurer  shall  have  the  powers  and 
perform  the  duties  of  a  district  treasurer  as  provided  in  this  chapter,  and  in 
addition  thereto  shall 

1  Be  the  custodian  of  all  school  moneys  of  the  town  and  be  responsible 
for  the  safekeeping  and  accurate  account  thereof. 

2  Pay  all  orders  or  warrants  lawfully  drawn  upon  him  out  of  the  moneys 
in  his  hands  belonging  to  the  funds  upon  which  such  orders  or  warrants  are 
drawn, 

3  Keep  accurate  accounts  of  all  moneys  received  and  disbursed  by  him, 
the  sources  from  which  they  are  received  and  the  persons  to  whom,  and 
the  objects  for  which,  they  are  disbursed. 

4  Prepare  and  fubmit  as  required  by  law  annual  reports  of  receipts  and 
disbursements,  and  render  at  such  times  as  may  be  required  by  law  or 
directed  by  the  board  of  education,  a  report  or  statement  relative  to  the 
school  funds  of  the  town. 

§  340  Powers  of  board  of  education.  The  board  of  education  of  each 
town  shall,  in  respect  to  the  public  schools  and  school  officers  of  the  town. 

1  Exercise  the  powers  and  perform  the  duties  conferred  or  imposed  by 
law  upon  boards  of  education  or  trustees  of  school  districts,  so  far  as 
«''ev  may  be  applicable  to  the  schools  or  other  educational  affairs  of  the  town 
and  not  inconsistent  with  the  provisions  of  this  article.  Any  power,  duty, 
liability  or  obligation  which  is  conferred  or  imposed  by  this  chapter,  or  any 
other  statute,  upon  the  board  of  education  of  a  union  free  school  district  or 
the  trustees  of  a  school  district,  shall  be  exercised  or  performed  by  the  board 
of  education  of  1  town,  and  such  board  shall  be  subject  to  such  liability  or 
obligation,  in  respect  to  thfe  schools  in  the  town,  in  the  same  manner  and  to 
the  same  extent  as  in  the  case  of  boards  of  education  in  union  free  school 
districts  or  trustees  of  school  districts. 

2  Determine  the  number  of  teachers  to  be  employed  in  the  several  schools 
of  the  town  and  to  contract  with  principals  and  teachers  for  the  maintenance 
and  operation  of  such  schools  pursuant  to  the  provisions  of  this  chapter; 
employ  or  appoint  medical  inspectors,  nurses,  attendance  officers,  janitors 
and  other  employees  required  for  the  proper  and  efficient  management  of  the 
schools  and  other  educational  affairs  under  their  direction  and  control. 

3  Provide  transportation  when  necessary  for  children  attending  school, 
under  regulations  to  be  prescribed  by  it. 


FREE   SCHOOLS  573 

4  Have  the  care,  custody,  control  and  safekeeping  of  all  school  property 
or  other  property  of  the  town  used  for  educational,  social  or  recreational 
work  and  not  specifically  placed  by  law  under  the  control  of  some  other 
body  or  officer,  and  prescribe  rules  and  regulations  for  the  preservation  of 
such  property. 

5  Purchase  and  furnish  such  apparatus,  maps,  globes,  books,  reproductions 
of  standard  works  of  art,  furniture  and  other  equipment  and  supplies  as 
may  be  necessary  for  the  proper  and  efficient  management  of  the  schools. 

6  Establish  and  maintain  elementary  schools,  high  schools,  vocational, 
industrial,  agricultural  and  homemaking  schools  or  classes,  night  schools, 
or  such  other  schools  and  classes  as  shall  be  deemed  necessary  to  meet  the 
needs  and  demands  of  the  town. 

7  Establish  and  maintain  school  libraries  which  may  be  open  to  the  pub- 
lic as  provided  by  law. 

8  Prescribe  courses  of  study  which  shall  be  followed  in  the  schools  or 
classes  established  and  maintained  in  the  town. 

9  Contract  with  boards  of  education  of  other  towns,  and  of  union  free 
school  districts  and  cities  for  the  instruction  of  pupils  of  the  town,  and 
when  any  such  contract  is  made  the  public  money  or  state  tuition  apportioned 
for  such  instruction  shall  be  paid  to  such  town. 

§  341  Schools  to  be  free  to  children  of  town.  Each  school  maintained 
in  a  town  under  the  supervision  and  control  of  a  town  board  of  education, 
and  each  department  of  such  school  and  each  course  of  study  maintained 
therein,  shall  be  free  to  the  children  of  school  age  residing  in  such  town. 

§  342  Transfer  of  pupils.  Where  pupils  of  school  age  residing  in  a 
town  may  be  more  conveniently  instructed  in  the  school  or  schools  of  an 
adjoining  town,  or  of  a  union  free  school  district  or  city,  the  board  of 
education  of  such  town  may  provide  for  the  transfer  of  such  pupils  to  the 
school  or  schools  in  such  adjoining  town  or  an  adjoining  union  free  school 
district  or  city  in  or  out  of  the  town.  The  board  of  education  making  such 
transfer  shall  send  notice  thereof  to  the  board  of  education  of  the  town, 
union  free  school  district  or  city  to  which  it  is  proposed  to  transfer  such 
pupils,  and  provisions  shall  thereupon  be  made  by  the  board  of  education  of 
the  town,  union  free  school  district  or  city  wherein  such  pupils  are  to  be 
instructed,  for  the  accommodation  of  such  pupils,  upon  the  approval  of  the 
commissioner  of  education.  The  commissioner  of  education  shall  not  approve 
the  transfer  of  such  pupils,  when  such  action  shall  require  the  town,  union 
free  school  district  or  city  receiving  such  pupils  to  provide  additional  teach- 
ers or  other  school  accommodations,  without  the  consent  of  the  board  of 
education  of  such  town,  district  or  city.  Whenever  pupils  have  been  trans- 
ferred as  herein  provided,  the  board  of  education  of  the  town,  union  free 
school  district  or  city  to  which  the  transfer  is  made  shall  submit,  through 
its  chairman  and  clerk,  to  the  board  of  education  of  the  town  where  the 
pupils  reside,  a  verified  statement  of  the  cost  of  the  instruction  of  such 
pupils.  The  cost  of  the  instruction  of  such  pupils  shall  be  a  charge  against 
the  town  wherein  such  pupils  reside,  and  the  board  of  education  thereof 
shall  direct  the  payment  of  the  cost  of  such  instruction  out  of  the  school 
funds  of  the  town,  in  the  same  manner  as  other  charges  upon  such  funds 
are  paid. 


574  THE   UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 

The  amount  charged  for  such  instruction  may  be  determined  by  agreement 
between  the  board  of  education  of  the  town  wherein  the  pupils  reside  and 
the  board  of  education  of  the  town,  union  free  school  district  or  city  in 
which  such  pupils  are  to  be  instructed,  or  if  such  boards  are  unable  to  make 
such  agreement  the  matter  may  be  referred  to  the  commissioner  of  educa- 
tion for  determination;  and  in  making  such  determination  the  per  capita 
cost  of  the  instruction  of  the  pupils  of  the  town,  village  or  city  to  which  such 
pupils  have  been  transferred  may  be  used  as  a  basis. 

§  343  Schoolhouse  sites.  The  board  of  education  of  a  town,  whenever 
in  its  judgment  it  is  necessary  for  the  interest  of  the  schools  of  the  town, 
may  designate  a  new  site  for  the  schoolhouse,  or  enlarge  the  site  of  an 
existing  schoolhouse.  Whenever  a  new  site  is  designated,  or  an  existing 
site  is  enlarged,  the  board  shall  pass  a  resolution  stating  the  necessity  there- 
for, describing  by  metes  and  bounds  the  land  to  be  acquired  for  either  of 
such  purposes,  and  estimating  the  amount  of  funds  necessary  therefor.  Such 
resolution  must  be  adopted  by  the  votes  of  at  least  a  majority  of  the  mem- 
bers of  the  board  of  education.  When  such  resolution  is  adopted  the  land 
described  therein  may  be  acquired  by  the  board  of  education  in  the  manner 
provided  by  law  for  the  acquisition  of  real  property  for  school  purposes. 

§  344  Erection,  repair  and  improvement  of  school  buildings.  The 
board  of  education  of  a  town  shall  provide  for  the  repair  of  school  buildings 
in  the  town,  or  other  buildings  under  its  control  and  management,  and  shall 
expend  therefor  an  amount  not  exceeding  the  amount  included  in  the  annual 
school  tax  budget.  The  board  may  also  remodel,  enlarge  or  improve  such 
school  buildings  or  other  buildings  under  its  control  and  management,  and 
may  construct  new  buildings,  whenever  required,  for  the  proper  accommo- 
dation of  the  school  children  of  the  town.  The  board  of  education  shall  not 
expend  in  any  one  year  for  the  remodeling,  improvement  or  enlargement  of 
existing  school  buildings  or  for  the  construction  of  new  buildings  an  aggre- 
gate amount  in  excess  of  one-half  of  one  per  centum  of  the  assessed  valua- 
tion of  the  town  and  in  no  case  an  amount  in  the  aggregate  in  excess  of 
five  thousand  dollars  without  a  vote  of  the  school  meeting  of  the  town,  except 
as  hereinafter  provided. 

§  345  I  Annual  school  budget.  On  or  before  the  first  day  of  July  in 
each  year  the  board  of  education  shall  prepare  in  triplicate  an  itemized  tax 
budget  containing  the  amounts  required  to  be  raised  by  tax  for  school  pur- 
poses in  the  town  for  the  ensuing  school  year.  Such  tax  budget  shall  contain 
a  statement  of  the  probable  amount  to  be  received  by  the  town  in  the  next 
apportionment  of  school  funds  from  the  state  and  the  estimated  amount  to  be 
received  from  all  other  sources,  and  shall  specify  the  several  amounts  to  be 
raised  for  the  following  purposes : 

a  The  salaries  and  compensation  of  principals,  teachers,  medical  inspect- 
ors, nurses,  attendance  officers,  janitors  and  other  employees  appointed  or 
employed  by  said  board  of  education. 

h  All  necessary  incidental  and  contingent  expenses  of  the  schools  of  the 
town,  including  transportation,  the  purchase  of  fuel  and  light,  supplies,  text- 
books, school  apparatus,  furniture  and  other  articles  and  services  necessary 
for  the  proper  maintenance,  operation  and  support  of  the  schools  of  the 
town. 


FREE  SCHOOLS  575 

c  The  ordinary  repairs  of  school  buildings  and  other  buildings  under  its 
control  and  management. 

d  The  remodeling,  improvement  or  enlargement  of  existing  buildings, 
and  the  construction  of  new  buildings  and  the  furnishing  and  equipment 
thereof. 

e  The  amount  required  to  be  raised  for  the  payment  of  the  interest  and 
principal  of  bonds  and  other  indebtedness  lawfully  incurred  or  to  be  incurred 
for  school  purposes  and  which  are  a  charge  against  the  town. 

/  The  amount  which  may  be  required  for  the  payment  of  any  other 
claim  against  the  town  arising  from  the  support  and  maintenance  of  the 
schools  of  the  town. 

g  The  amount  voted  at  the  annual  or  a  special  school  meeting  in  the  town 
on  a  proposition  or  question  lawfully  submitted  at  such  meeting. 

h  The  amount  determined  upon  as  the  proportionate  share  of  the  cost 
of  maintaining  a  school  in  a  district  partly  in  two  or  more  towns,  required 
to  be  paid  by  said  board. 

2  The  clerk  shall  cause  such  budget  to  be  published  at  length  once  in  each 
week  for  the  four  weeks  next  preceding  the  first  day  of  August,  in  two  news- 
papers if  there  shall  be  two,  or  in  one  newspaper  if  there  shall  be  but  one, 
published  in  such  town.  A  written  or  printed  copy  of  such  budget  shall  be 
posted  in  at  least  five  of  the  most  public  places  in  the  town  at  least  twenty 
days  before  the  first  day  of  August. 

3  Such  tax  budget  shall  be  signed  in  duplicate  by  a  majority  of  the  mem- 
bers of  the  board  of  education.  On  or  before  the  first  day  of  September 
such  duplicate  tax  budgets  shall  be  filed  as  follows :  one  in  the  office  of  the 
clerk  of  the  board  of  education  and  one  in  the  office  of  the  clerk  of  the 
town. 

4  The  board  of  education  of  a  town  may,  in  the  manner  herein  provided, 
prepare  a  supplemental  budget  to  raise  money  for  any  lawful  purpose, 

a  When  authorized  by  a  vote  of  an  annual  or  special  school  meeting  in 
the  town, 

h  When  the  amounts  stated  in  the  annual  tax  budget  for  the  purposes 
specified  are  insufficient  therefor  and  such  amounts  may  be  raised  by  tax 
without  a  vote  of  a  school  meeting  in  the  town. 

Such  supplemental  budget  shall  not  authorize  the  levy  of  a  tax  for  the 
purposes  therein  specified,  or  be  effectual  for  any  purpose  unless  there  shall 
be  endorsed  thereon  the  certificate  of  the  district  superintendent  of  the  super- 
visory district  in  which  such  town  is  situated,  to  the  effect  that  the  purposes 
for  which  the  amount  therein  specified  is  to  be  raised  are  lawful.  Such 
supplemental  tax  budget  shall  be  prepared  in  the  same  manner  and  filed 
with  the  same  officers  as  the  annual  tax  budget. 

5  The  Commissioner  of  Education  may  prescribe  the  form  of  such  budget. 
He  may  adopt  regulations  not  inconsistent  with  law,  providing  for  the 
examination,  review,  correction  and  the  modification  of  such  budgets  and 
the  instruction  and  assistance  of  school  authorities  in  the  performance  of 
duties  in  respect  thereto. 

6  District  superintendents  shall,  during  the  month  of  August  in  each 
year,  examine  the  tax  budgets  on  file  in  the  office  of  each  clerk  of  the  board 
of  education  of  each  town  in  his  supervisory  district,  and  shall  advise  with 


576  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

and  aid  boards  of  education  in  the  preparation  and  correction  of  such 
budgets,  and  perform  such  other  duties  in  respect  thereto  as  may  be  pre- 
scribed by  the  Commissioner  of  Education. 

§  346  Levy  and  collection  of  taxes,  i  The  board  of  education  of  the 
town  shall,  within  ten  days  after  the  first  day  of  September  in  each  year, 
cause  the  amounts  specified  in  such  tax  budget  and  supplemental  tax  budgets, 
if  any,  to  be  levied  and  assessed  against  the  taxable  property  within  that  por- 
tion of  the  town  which  is  subject  to  the  provisions  of  this  article.  The 
board  of  education  shall  immediately  upon  the  completion  of  its  tax  list 
annex  thereto  a  warrant  for  the  collection  thereof,  which  shall  direct  the 
collector  of  the  town  to  collect  the  tax  so  levied  and  assessed  and  to  pay 
over  the  amount  thereof  to  the  town  school  treasurer.  The  town  collector 
of  taxes  shall  have  the  same  power  and  jurisdiction  in  respect  to  the  col- 
lection of  such  taxes  as  he  has  in  respect  to  the  collection  of  other  taxes 
levied  upon  taxable  property  in  the  town,  and  the  provisions  of  law  relative 
to  the  collection  of  such  taxes,  except  as  otherwise  provided  in  this  chap- 
ter, shall  apply  to  the  collection  of  such  school  taxes. 

2  The  town  collector  shall  before  receiving  the  warrant  for  the  collection 
of  such  taxes  execute  a  bond  to  the  board  of  education  of  the  town,  with  one 
or  more  sureties  to  be  approved  by  the  board,  and  in  the  amount  to  be  pre- 
scribed by  such  board,  conditioned  for  the  due  and  faithful  collection  of  the 
taxes  under  such  warrant  and  the  return  thereof  to  the  proper  officer. 

3  The  provisions  of  article  15  of  this  chapter  relating  to  the  assess- 
ment and  collection  of  taxes  shall  apply  to  the  assessment  of  school  taxes 
m  a  town  by  the  board  of  education  thereof,  and  to  the  collection  of  the 
taxes  assessed  and  levied  as  herein  provided,  except  so  far  as  the  provisions 
thereof  may  be  in  conflict  with  the  provisions  of  this  article. 

4  If  a  district  is  situated  partly  in  two  or  more  towns,  the  taxable  prop- 
erty in  that  portion  of  such  district  lying  in  a  town  other  than  that  in  which 
the  principal  schoolhouse  is  situated,  shall  be  assessed  for  school  purposes 
at  the  same  rate  as  the  taxable  property  of  the  town  in  which  such  principal 
schoolhouse  is  located.  The  valuation  of  the  real  property  in  the  portions  of 
such  district  lying  in  two  or  more  towns,  as  appearing  upon  the  several  assess- 
ment rolls  of  such  towns,  may  be  equalized  by  the  supervisors  of  such  towns 
upon  the  request  of  the  boards  of  education  of  such  towns,  or  of  three  or 
more  persons  liable  to  pay  taxes  upon  real  property  in  either  of  such  towns, 
and  the  provisions  of  section  414  of  this  chapter  shall  apply  to  such  equaliza- 
tion. The  taxable  property  in  the  portions  of  such  district  located  in  a  town 
or  towns  other  than  the  town  in  which  the  principal  schoolhouse  of  such 
district  is  located,  shall  not  be  assessed  for  such  purposes  in  such  towns. 

§  347  Borrowing  money  in  anticipation  of  collection  of  taxes.  The 
board  of  education  of  a  town  may  borrow  money  in  anticipation  of  the  levy 
and  collection  of  a  tax,  for  any  of  the  purjKDses  specified  in  a  budget  or  sup- 
plemental budget  filed  with  the  clerk  of  the  board  of  education  and  the  other 
officers  with  whom  the  same  is  required  to  be  filed  as  herein  provided.  Cer- 
tificates of  indebtedness  may  be  issued  by  such  board  of  education  which 
shall  be  signed  by  the  president  of  the  board  and  countersigned  by  the  treas- 
urer thereof.  Such  certificate  shall  not  be  issued  for  more  than  one  year 
from  the  date  thereof,  and  .shall  bear  interest  at  a  rate  not  exceeding  six  per 


FREE  SCHOOLS  577 

centum  per  annum.  The  money  borrowed  shall  be  placed  in  the  custody  o£ 
the  treasurer  and  shall  be  paid  out  by  him  on  the  order  of  the  board  of  edu- 
cation in  the  same  manner  as  money  collected  by  taxes  levied  against  the 
taxable  property  of  the  town. 

§  348  Submission  of  certain  questions  to  a  vote  of  the  town,  i  When- 
ever the  board  of  education  of  a  town  shall  deem  it  necessary  to  expend  an 
amount  exceeding  the  sum  of  five  thousand  dollars  for  the  repair,  remodel- 
ing, improvement  or  enlargement  of  existing  school  buildings  or  the  con- 
struction of  a  new  school  building  it  shall  submit  a  proposition  therefor  to 
a  vote  of  the  qualified  school  electors  of  the  town  at  either  an  annual  school 
meeting  of  the  town  or  a  special  school  meeting  called  for  such  purpose. 

2  If  a  school  building  in  the  town  shall  have  been  condemned  by  the  dis- 
trict superintendent  as  unfit  for  use  and  not  worth  repairing  and  the  amount 
required  to  be  raised  by  tax  therefor  shall  exceed  the  sum  of  five  thousand 
dollars  the  board  of  education  shall  submit  a  proposition  for  the  construction 
of  such  new  building  to  the  qualified  school  electors  of  the  town  as  above 
provided.  If  the  amount  to  be  raised  for  the  erection  of  a  new  building  in 
place  of  a  building  which  has  been  condemned  is  less  than  five  thousand  dol- 
lars the  amount  thereof  shall  be  included  in  the  annual  school  tax  budget 
of  the  town.  Except  as  herein  provided  the  board  of  education  of  a  town 
shall  be  subject  to  the  same  powers  and  duties  in  relation  to  the  erection  of  a 
new  schoolhouse,  when  the  schoolhouse  in  a  district  in  such  town  has  been 
condemned,  which  are  imposed  upon  trustees  of  school  districts  under  the 
provisions  of  the  Education  Law. 

3  The  board  of  education  of  a  town  may  in  its  discretion  submit  a 
proposition  to  the  qualified  electors  of  the  town  at  an  annual  or  special 
school  meeting  of  the  town  for  the  voting  of  a  tax  in  an  amount  not  less 
than  one  thousand  dollars  for  the  erection  of  a  new  building,  the  repair, 
remodeling,  improvement  or  enlargement  of  an  existing  building,  the  pur- 
chase of  a  new  site  or  of  an  addition  to  an  existing  site. 

4  When  the  electors  at  a  school  meeting  in  a  town  adopt  a  proposition 
for  any  of  the  purposes  specified  in  this  section  they  may  direct  the  levy 
of  a  tax  to  meet  the  expense  incurred  thereby  either  in  one  levy  or  by 
instalments. 

5  The  provisions  of  section  467  of  this  chapter  relative  to  the  notice  of 
the  meeting  and  the  levy  of  a  tax  by  instalments  in  a  union  free  school  dis- 
trict shall  apply,  except  when  inconsistent  with  this  act,  to  the  submission  of 
the  propositions  herein  authorized  and  the  levy  and  collection  of  taxes  for 
the  purposes  specified. 

§  349  Issue  and  sale  of  school  bonds.  Whenever  a  tax  shall  have  been 
voted  to  be  collected  in  instalments  for  any  of  the  purposes  specified  in  the 
preceding  section  the  board  of  education  of  the  town  may  borrow  so  much 
of  the  sum  voted  as  may  be  necessary  at  a  rate  not  exceeding  six  per  centum 
per  annum.  The  board  may  issue  bonds  or  other  evidences  of  indebtedness 
for  such  purposes  which  shall  not  be  sold  below  par.  The  interest  and  prin- 
cipal of  such  bonds  or  other  evidences  of  indebtedness  shall  be  a  charge 
upon  the  town,  and  shall  be  paid  when  due.  Such  bonds  or  other  evidences 
of  indebtedness  shall  be  sold  by  the  board  of  education  in  the  manner  pro- 
vided by  section  480  of  this  chapter. 

37 


578  THE   UNIVERSITY    OF   THE   STATE    OF    NEW   YORK 

§  350  State  funds  to  be  used  for  schools  of  towns.  Funds  hereafter 
apportioned  by  the  State  under  the  provisions  of  this  chapter  to  school  dis- 
tricts under  the  supervision  and  control  of  a  town  board  of  education  shall 
be  apportioned  on  the  basis  provided  in  this  chapter,  but  the  funds  so  appor- 
tioned to  the  several  school  districts  of  a  town  shall  be  paid  by  the  county 
treasurer  to  the  town  school  treasurer.  Funds  apportioned  for  teachers' 
salaries  shall  be  paid  on  the  order  of  the  board  of  education  of  the  town  for 
the  payment  of  the  salaries  of  teachers  employed  in  such  town  and  funds 
apportioned  for  school  libraries,  apparatus,  maps  or  works  of  art,  shall  be 
paid  respectively  in  like  manner  for  school  libraries,  apparatus,  maps  or 
works  of  art,  in  such  town 

§  351  Certain  union  free  school  districts  not  subject  to  provisions  of 
article.  This  article  shall  not  apply  to  a  union  free  school  district  having  a 
population  of  fifteen  hundred  or  more  or  employing  fifteen  teachers  or  more 
at  the  time  this  act  takes  effect  unless  a  resolution  shall  have  been  adopted 
by  such  district  making  such  article  applicable  to  such  district  as  provided 
in  section  331  of  this  article  and  the  provisions  of  such  article  shall  not 
apply  to  the  school  districts  in  the  several  towns  of  a  county  which  adjoins 
£  city  having  a  population  of  one  million  or  more  and  in  which  there  are 
only  two  district  superintendents.  Unless  such  resolution  shall  have  been 
adopted,  a  school  tax  in  a  town  in  which  the  whole  or  any  portion  of  such 
a  district  is  situate  shall  be  levied  only  against  the  taxable  property  in  the 
town  outside  of  the  boundaries  of  such  union  free  school  district  and  the 
inhabitants  of  such  district  shall  not  be  permitted  to  vote  for  candidates  for 
members  of  the  town  board  of  education  or  upon  any  proposition  or  ques- 
tion submitted  at  an  annual  or  regular  meeting  in  the  town.  School  dis- 
tricts which,  under  the  provisions  of  this  section,  are  exempt  from  the  pro- 
visions of  this  act  shall  continue  to  be  subject  to  and  regulated  by  the  pro- 
visions of  law  which  now  regulate  and  control  the  affairs  of  such  districts. 

§  352  School  district  officers  abolished;  terms  continued  to  collect 
funds,  pay  claims,  et  cetera,  i  All  trustees,  members  of  boards  of  edu- 
cation and  other  school  officers  of  school  districts  subject  to  this  article,  in 
office  when  this  act  takes  effect  shall  continue  in  office  to  and  including  the 
thirty-first  day  of  July,  1917,  when  the  offices  of  trustees,  members  of  boards 
of  education,  district  clerks,  collectors,  treasurers  and  other  school  district 
officers  of  such  districts  shall  be  and  are  hereby  abolished  and  the  terms 
of  such  officers  shall  cease  except  as  herein  provided. 

2  The  trustees,  boards  of  education  and  other  officers,  of  each  district, 
enumerated  in  subdivision  i  of  this  section  are  hereby  continued  in  office 
with  all  the  powers  and  duties  conferred  on  such  officers  by  the  education 
law  or  other  statutes,  including  the  power  to  levy,  assess  and  collect  taxes 
for  the  purpose  of  closing  up  the  business  and  financial  affairs  of  such  dis- 
trict and  of  satisfying  its  obligations,  except  bonded  indebtedness,  adjusting 
its  claims,  collecting  funds  due  it  and  paying  its  just  debts.  After  liquidat- 
ing all  outstanding  obligations  except  bonded  indebtedness,  and  settling  or 
adjusting  all  claims  against  such  district,  and  closing  up  all  its  financial 
affairs  as  a  district,  such  officers  shall  apportion  any  funds  remaining  in  the 
treasury,  except  moneys  received  from  the  State,  among  the  taxpayers  of  the 
district  in  the  manner  now  provided  by  law.  Such  apportionment  shall  be 
based  upon  the  relation  of  the  assessed  valuation  of  such  taxpayers  to  the 


FREE   SCHOOLS  579 

aggregate  assessed  valuation  of  the  district.  The  portion  of  such  funds 
which  consists  of  moneys  received  from  the  State  shall  be  paid  into  the  town 
school  treasury. 

§  353  Outstanding  bonds;  existing  school  property,  i  The  bonded 
indebtedness  of  the  school  districts  in  a  town  which  are  subject  to  the  pro- 
visions of  this  article,  including  a  union  free  school  district  having  a  popu- 
lation of  fifteen  hundred  or  employing  fifteen  teachers  or  more,  which  has 
adopted  a  resolution  pursuant  to  the  provisions  of  section  331  of  this  article, 
existing  and  outstanding  at  the  time  of  the  taking  effect  of  this  article  shall 
be  a  charge  against  the  property  which  is  subject  to  tax  for  the  maintenance 
of  the  schools  in  such  town  or  union  free  school  district. 

2  Within  one  year  from  the  taking  effect  of  this  article  the  value  of  the 
school  property  in  the  several  districts  which  are  made  subject  to  the  provi- 
sions hereof  shall  be  appraised  and  determined  by  a  commission  consisting 
of  the  supervisor  of  the  town,  the  chairman  of  the  town  board  of  educa- 
tion and  the  district  superintendent  of  schools. 

3  The  value  of  the  school  property  in  each  district  as  so  appraised  shall, 
after  deducting  the  outstanding  bonded  indebtedness  of  such  district,  be 
credited  to  such  district  and  charged  against  the  town.  The  total  amount 
charged  to  the  town  as  a  result  of  such  appraisal  shall  be  raised  by  tax  upon 
the  taxable  property  of  the  town  in  the  same  manner  as  other  school  expenses 
are  raised.  Such  tax  shall  be  levied  and  collected  in  five  equal,  annual  instal- 
ments and  the  amount  required  shall  be  included  by  the  board  of  education 
in  the  annual  tax  budget  of  the  town. 

4  The  commission  hereinbefore  created  shall,  upon  appraising  such  prop- 
erty and  determining  the  credit  to  be  allowed  to  each  district,  apportion  the 
amount  so  credited  to  such  district  among  the  owners  or  possessors  of  tax- 
able property  in  the  district  in  the  ratio  of  their  several  assessments  on  the 
last  corrected  assessment  roll  of  the  town.  The  said  commission  shall  report 
to  the  board  of  education  of  the  town  the  apportionment  so  made  and  the 
board  shall  cause  to  be  issued  to  each  of  such  owners  or  possessors,  a  cer- 
tificate of  credit  stating  the  amount  so  apportioned.  Such  certificates  of 
credit  shall  be  transferable  by  the  persons  to  whom  they  are  issued,  and  shall 
be  payable  only  out  of  moneys  raised  by  tax  as  herein  provided  for  the  pay- 
ment of  the  charge  against  the  town  on  account  of  the  school  property 
acquired  by  such  town.  They  shall  be  issued  in  such  denominations  and  shall 
be  due  at  such  times  as  to  provide  for  their  payment  out  of  the  moneys 
raised  by  tax  for  the  payment  of  such  charge. 

5  The  Commissioner  of  Education  shall  prescribe  rules  governing  the 
commission  in  the  appraisal  of  school  property  as  herein  provided  and  regu- 
lating the  distribution  and  apportionment  of  the  credits  and  charges  herein 
referred  to  and  the  form  and  denomination  of  such  certificate.  An  appeal 
will  lie  from  such  appraisal  or  from  any  act  of  such  commission  or  board 
of  education  in  respect  to  the  apportionment  of  credits,  the  distribution  of 
charges  and  the  levy  and  collection  of  a  tax  on  account  of  such  school  prop- 
erty to  the  Commissioner  of  Education  in  the  same  manner  and  under  the 
same  conditions  as  in  the  case  of  other  appeals  to  the  Commissioner  of 
Education.  A  like  appeal  will  lie  from  the  apportionment  of  the  bonded 
indebtedness  of  any  town. 


580  THE   UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

§  354  Election  of  board  of  education,  i  The  first  board  of  education 
of  each  town  thereof  shall  be  elected  by  the  trustees  and  members  of  the 
boards  of  education  of  the  several  school  districts  in  such  town,  subject  to 
the  provisions  of  this  article.  The  said  trustees  and  members  of  boards 
of  education  shall  meet  for  such  purpose  on  the  second  Tuesday  in  June, 
1917,  in  one  of  the  schoolhouses  in  the  town  to  be  designated  by  the  district 
superintendent  of  schools.  The  said  trustees  and  members  of  boards  of 
education  shall  organize  by  the  election  of  a  chairman  and  clerk.  They  shall 
thereupon  proceed  to  elect  members  of  the  board  of  education  of  the  town 
to  hold  office  for  the  term  specified  in  section  331  of  this  article.  The  per- 
sons elected  as  members  of  such  board  shall  be  residents  of  the  town  and 
qualified  electors  at  school  meetings  therein.  Not  more  than  three  of  the 
members  of  such  board  of  education  shall  reside  in  the  same  school  district, 
except  in  towns  in  which  there  are  less  than  three  school  districts.  The 
chairman  and  clerk  of  the  meeting  shall  canvass  the  votes  cast  for  the  candi- 
dates for  the  offices  to  be  filled  and  the  candidate  receiving  a  majority  of 
the  votes  cast  shall  be  elected.  The  chairman  and  clerk  of  the  meeting  shall 
thereupon  notify  the  district  superintendent  in  writing  of  the  persons  declared 
elected  as  members  of  said  board,  and  the  district  superintendent  shall  give 
notice  of  such  election  to  the  persons  so  elected.  As  the  terms  of  office  of 
such  members  expire  their  successors  shall  be  elected  at  the  annual  school 
meeting. 

2  The  district  superintendent  of  schools  shall  call  a  meeting  of  the  board  of 
education  of  each  town  in  his  supervisory  district,  elected  as  above  provided, 
on  the  first  day  of  August  in  1917,  at  the  principal  schoolhouse  of  the  town, 
for  the  purpose  of  organization  and  the  transaction  of  any  other  business 
which  may  properly  come  before  such  board.  Upon  the  election  of  a  clerk  of 
such  board,  the  chairman  and  clerk  of  the  meeting  held  for  the  purpose  of 
electing  members  of  the  board  of  education  shall  file  the  minutes  of  the  meet- 
ing with  such  clerk. 

§  355  Time  and  place  of  annual  meeting,  i  The  annual  school  meet- 
ing in  each  town  shall  be  held  on  the  first  Tuesday  in  May  in  each  year,  at 
which  members  of  the  board  of  education  shall  be  elected  and  such  busi- 
ness as  may  legally  come  before  such  meeting  shall  be  transacted.  Such 
meeting  shall  be  held  at  the  schoolhouse  in  the  town  which  is  the  most  con- 
veniently accessible  to  a  majority  of  the  qualified  electors  of  such  town. 
The  board  of  education  shall  designate  the  schoolhouse  at  which  such  meeting 
shall  be  held. 

2  The  board  of  education  may  divide  the  town  into  school  election  dis- 
tricts, whenever  it  deems  it  necessary  for  the  convenience  of  the  quaHfied 
electors,  because  of  the  territorial  extent  of  the  town  or  the  number  of  such 
electors.  If  a  town  is  divided  into  school  election  districts,  the  board  shall 
designate  the  schoolhouse  in  each  district  where  the  annual  meeting  shall  be 
held. 

3  The  polls  for  the  election  of  members  of  the  board  of  education  at  such 
meeting  shall  be  open  from  nine  o'clock  in  the  morning  to  four  o'clock  in 
the  afternoon. 

§  356  Notice  of  annual  school  meeting.  The  clerk  of  each  board  of 
education  shall  give  notice  of  the  time  when  and  the  places  where  the  annual 
school  meeting  in  the  town  is  to  be  held,  by  publishing  such  notice  once  in 


FREE   SCHOOLS  581 

each  week  for  the  four  weeks  next  preceding  such  meeting,  in  two  news- 
papers, if  there  shall  be  two,  or  in  one  newspaper,  if  there  shall  be  but  one, 
published  or  circulated  in  such  town.  If  no  newspaper  shall  be  published 
or  circulated  therein,  such  notice  shall  be  posted  on  the  door  of  each  school- 
house  in  the  town  and  in  at  least  ten  other  public  places  in  said  town,  at 
least  twenty  days  before  the  time  of  such  meeting. 

§  357  Special  school  meetings  in  towns.  The  board  of  education  of 
each  town  shall  have  power  to  call  a  special  meeting  of  the  qualified  electors 
of  the  town,  whenever  it  deems  necessary  and  proper,  and  whenever  required 
by  law,  in  the  manner  prescribed  for  the  giving  of  a  notice  of  the  annual 
meeting.  Such  .special  meetings  shall  be  held  at  the  schoolhouse  or  school- 
houses  at  which  the  annual  school  meeting  of  the  town  is  required  to  be  held. 

§  358  Qualifications  of  voters  at  school  meetings,  i  To  be  eligible 
to  vote  at  annual  or  special  town  school  meetings,  a  person  must  possess 
the  qualifications  prescribed  in  section  203  of  this  chapter,  except  as  pro- 
vided in  the  following  subdivision : 

2  In  a  school  district  located  in  two  or  more  towns,  those  persons  pos- 
sessing the  qualifications  required  under  subdivision  one  of  this  section  shall 
be  entitled  to  vote  at  annual  or  special  town  school  meetings  in  the  town 
in  which  the  principal  schoolhouse  of  the  district  in  which  they  reside  is 
located,  irrespective  of  the  town  in  which  they  reside.  A  person  entitled  to 
vote  under  this  subdivision,  at  an  annual  or  special  town  school  meeting  in 
a  town  other  than  the  town  in  which  he  resides  shall  not  be  entitled  to  vote 
at  such  meetings  in  the  town  in  which. he  resides. 

§  359  Preparation  of  list  of  qualified  electors,  i  The  clerk  of  the 
board  of  education  in  each  town  shall,  on  or  before  the  first  day  of  April  in 
each  year,  prepare  a  list  of  the  persons  qualified  to  vote  at  annual  or  special 
school  meetings  held  in  the  town.  If  the  town  is  divided  into  school  election 
districts,  a  separate  list  shall  be  prepared,  as  herein  provided,  containing  the 
names  of  the  qualified  electors,  residing  in  each  district.  The  names  on  such 
list  shall  be  arranged  alphabetically,  according  to  the  surnames  of  such 
electors,  and  shall  contain  a  statement  as  to  the  place  of  residence  of  each 
elector. 

2  Such  list  shall  be  placed  on  file  in  the  office  of  the  clerk  of  the  board 
of  education  or  at  some  other  place,  to  be  designated  by  the  board,  where 
it  may  be  examined  by  any  person  interested  therein,  from  four  to  eight 
o'clock  in  the  evening  of  each  Friday  and  Saturday  of  the  four  weeks  imme- 
diately preceding  the  annual  school  meeting.  The  clerk  of  the  board  of 
education  or  some  person  to  be  designated  by  the  board,  shall  attend  at  such 
office  or  place,  at  such  time,  and  permit  public  inspection  of  such  list.  A 
person,  whose  name  is  not  upon  such  list,  who  is  or  will  be  a  qualified  voter 
at  the  annual  meeting,  may  submit  to  the  clerk  of  the  board,  evidence,  show- 
ing such  fact,  and  the  clerk  shall  correct  such  list,  by  inserting  his  name 
therein.  If  the  name  and  residence  of  a  qualified  elector  are  incorrectly 
stated  upon  such  list,  the  clerk,  upon  satisfactory  evidence  being  presented 
to  him,  may  correct  such  errors. 

3  A  qualified  voter  at  the  annual  school  meeting  of  the  town  may,  upon 
the  examination  of  such  list,  file  with  the  clerk  of  the  board,  a  written  chal- 
lenge of  the  qualifications  as  an  elector  of  any  person,  whose  name  appears 
upon  such  list.    The  board  of  education  of  the  town  shall  meet  on  the  Monday 


582  THE   UNIVERSITY    OF   THE   STATE   OF    NEW   YORK 

preceding  the  annual  school  meeting  and  may,  upon  satisfactory  evidence 
being  presented  to  it,  correct  the  errors  in  such  list  of  qualified  electors  and 
add  thereto  the  names  of  persons,  ascertained  by  it  to  be  qualified  electors 
at  such  annual  meeting.  The  board  shall  also  indicate  upon  the  list  of 
qualified  electors,  the  persons  whose  qualifications  as  electors  have  been 
challenged. 

4  If  the  annual  school  meeting  is  held  in  election  districts,  a  separate  list 
for  each  district,  revised  and  corrected  as  above  provided,  shall  be  delivered 
by  the  clerk  of  the  board  of  education  to  the  inspectors  appointed,  as  here- 
inafter provided,  to  conduct  such  school  meeting  in  each  of  such  districts. 

§  360  Nominations  and  ballots,  i  Candidates  for  members  of  the 
board  of  education  in  a  town  shall  be  nominated  by  petition.  Such  petition 
shall  be  directed  to  the  clerk  of  the  board  of  education  of  the  town  and  shall 
be  signed  by  at  least  twenty-five  qualified  electors  thereof.  It  shall  state 
the  names  and  residences  of  the  candidates  and  whether  such  candidates  are 
nominated  for  full  terms  or  for  the  unexpired  portion  of  such  terms.  Each 
petition  shall  be  filed  with  the  clerk  of  the  board  of  education  on  or  before 
the  fifteenth  day  preceding  the  day  of  the  annual  school  meeting. 

2  The  board  of  education  shall  cause  to  be  printed  official  ballots,  con- 
taining the  names  of  all  candidates  nominated  as  above  provided.  Such 
ballots  shall  separately  state  whether  the  persons  named  thereon  are  candi- 
dates for  full  terms  or  for  portions  of  terms.  The  names  of  the  candidates 
shall  be  arranged  alphabetically  according  to  their  surnames,  in  columns 
under  titles  or  designations,  showing  whether  they  are  to  be  elected  for  full 
terms  or  portions  of  terms.  Blank  spaces  shall  be  provided  so  that  persons 
may  vote  for  candidates  who  have  not  been  nominated  for  the  offices  to  be 
filled  at  such  election.  Such  ballots  shall  have  printed  thereon  instructions 
as  to  the  marking  of  the  ballots  and  the  number  of  candidates  for  the  sev- 
eral offices  for  which  an  elector  is  permitted  to  vote. 

3  Whenever  a  question  is  required  to  be  submitted  at  an  annual  or  special 
school  meeting,  the  ballots  therefor  shall  conform  as  nearly  as  may  be  to  the 
ballots  required  to  be  used,  under  the  election  law,  for  the  submission  of 
questions  or  propositions,  at  a  general  election. 

4  The  number  of  ballots  to  be  used  at  an  annual  or  special  school  meeting 
shall  at  least  equal  the  number  of  qualified  electors  in  the  town,  as  appears 
from  the  list  of  qualified  electors  thereof.  The  clerk  of  the  board  shall 
cause  to  be  delivered  to  the  inspectors  in  each  of  such  election  districts,  on 
the  day  of  the  meeting,  a  sufficient  supply  of  such  ballots  for  the  use  of  the 
qualified  electors  thereof.  Such  ballots  shall  be  printed  at  the  expense  of  the 
town  and  the  cost  thereof  shall  be  paid  out  of  school  funds,  in  the  same 
manner  as  other  school  expenses.  An  election  of  a  member  of  a  board  of 
education  shall  not  be  declared  invalid  or  illegal  because  of  the  use  of  bal- 
lots which  do  not  conform  to  the  requirements  of  this  section  or  to  the  pro- 
visions of  the  election  law,  provided  the  intent  of  the  elector  may  be  ascer- 
tained from  the  use  of  such  irregular  or  defective  ballot  and  such  use  was 
not  fraudulent  and  did  not  substantially  aflfect  the  result  of  the  election. 

§  361  Inspectors  of  election.  The  board  of  education  shall  designate 
three  inspectors  of  election  for  each  election  district  into  which  such  town 
has  been  divided.  The  clerk  of  the  board  of  education  shall  give  written 
notice  of  appointment  to  the  persons  so  appointed.     If  a  person,  appointed 


FREE   SCHOOLS  583 

as  inspector  of  election,  refuses  to  accept  such  appointment,  the  board  of 
education  may  appoint  a  qualified  elector  of  the  district  to  fill  such  vacancy. 
Such  boards  of  inspectors  shall  before  opening  the  polls  in  the  election  dis- 
trict for  which  they  are  appointed,  organize  by  electing  one  of  their  number 
as  chairman  and  one  as  poll  clerk.  Each  inspector  shall  receive  for  his  serv- 
ices a  compensation  of  three  dollars,  to  be  paid  out  of  the  school  funds  of 
the  town  and  in  the  same  manner  as  other  expenses  are  paid. 

§  362  Conduct  of  school  meetings;  challenges,  i  All  elections,  held  as 
provided  herein,  shall  be  conducted,  so  far  as  may  be,  in  accordance  with  the 
provisions  of  the  election  law  relative  to  general  elections,  except  as  other- 
wise provided  herein.  Suitable  ballot  boxes  shall  be  provided  by  the  board 
of  education,  to  be  used  at  such  school  meetings.  Such  ballot  boxes  shall 
conform  as  nearly  as  may  be  to  the  provisions  of  the  election  law  relative  to 
ballot  boxes  at  general  elections.  AH  persons,  whose  names  appear  upon 
the  list  of  qualified  electors,  as  residing  in  the  town  or  election  districts, 
shall  be  permitted  to  vote  and  shall  be  given  ballots  for  such  purpose.  Per- 
sons whose  names  do  not  appear  upon  such  list  may  be  permitted  to  vote, 
upon  satisfactory-  evidence  being  presented  showing  that  they  are  qualified 
electors  of  town  or  district  and  upon  making  the  declaration  hereinafter 
prescribed.  The  ballots  when  presented  to  the  inspectors  shall  be  folded  so 
as  to  conceal  the  names  of  candidates  for  whom  or  the  proposition  or  ques- 
tion for  which  the  elector  has  voted.  All  electors  entitled  to  vote,  who  are 
in  the  places  where  the  election  is  held  at  or  before  the  time  of  closing  the 
polls,  shall  be  allowed  to  vote.  The  poll  clerk  shall  keep  a  poll  list,  con- 
taining the  names  of  the  qualified  electors  who  vote  at  such  election  for  the 
candidates  or  propositions  or  questions  voted  for  thereat. 

2  Any  qualified  elector  may  challenge  the  right  of  a  person  to  vote,  at 
the  time  when  he  requests  a  ballot.  All  persons,  named  upon  the  list  of 
electors  as  having  been  challenged  prior  to  the  day  of  the  meeting,  shall  also 
be  challenged  before  ballots  are  given  to  them.  The  chairman  of  the  board 
of  inspectors  shall  require  the  person  so  challenged,  or  a  person  whose  name 
does  not  appear  upon  the  list  of  qualified  electors,  and  who  requests  the 
privilege  of  voting,  to  make  the  following  declaration :  "  I  do  declare  and 
affirm  that  I  have  been  for  the  thirty  days  last  past  an  actual  resident  of  this 
town  and  that  I  am  qualified  to  vote  at  this  meeting." 

If  such  person  makes  such  declaration,  he  shall  be  permitted  to  vote  at 
the  meeting  but  if  he  shall  refuse  to  make  such  declaration  he  shall  not  be 
permitted  to  vote  for  candidates  or  upon  any  question  or  proposition  at  such 
meeting. 

3  A  person  who  wilfully  makes  a  false  declaration  as  to  his  right  to  vote 
at  such  meeting,  is  guilty  of  a  misdemeanor.  A  person  who  is  not  qualified 
to  vote  at  such  meeting  but  who  shall  vote  thereat,  shall  be  subjected  to  a 
penalty  of  fifty  dollars  which  may  be  recovered  in  a  suit  brought  therefor 
by  the  board  of  education  for  the  benefit  of  the  schools  of  the  town. 

§  363  Canvass  of  votes;  declaration  of  result,  i  Immediately  upon 
the  close  of  the  polls,  the  board  of  inspectors  shall  count  the  ballots  found 
in  the  ballot  boxes,  without  unfolding  them,  except  so  far  as  is  necessary 
to  ascertain  that  each  ballot  is  single.  They  shall  compare  the  number  of 
ballots  found  in  the  ballot  boxes  with  the  number  of  persons  recorded  on 
the  poll  list  as  having  voted  for  the  candidates  or  the  questions  or  proposi- 


584  THE    UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

tions  submitted  at  such  meeting.  If  the  number  of  ballots  found  in  the  bal- 
lot 'boxes  shall  exceed  the  number  of  names  so  recorded  on  such  lislt,  such 
ballots  shall  be  replaced,  without  being  unfolded,  in  the  boxes  from  which 
they  were  taken  and  shall  be  thoroughly  mingled  in  such  boxes  and  one  of 
the  members  of  the  board  of  inspectors  designated  by  such  board  shall  pub- 
licly draw  out  as  many  ballots  as  shall  be  equal  to  the  number  of  excess 
ballots.  The  ballots  so  drawn  out  shall  be  inclosed,  without  unfolding,  in 
an  envelop  which  shall  be  sealed  and  indorsed  with  a  statement  of  the  num- 
ber of  such  excess  ballots  withdrawn  from  the  box  and  shall  be  signed  by 
the  inspector  who  withdrew  such  ballots.  Such  envelop  shall  be  delivered  to 
the  clerk  of  the  board  of  education  and  shall  be  preserved  by  him  for  a 
period  of  at  least  one  year. 

2  The  ballots  shall  be  counted  or  canvassed  by  the  inspectors  in  the  man- 
ner provided  for  the  canvassing  of  ballots  at  a  general  election,  except  as 
otherwise  provided  herein.  The  votes  cast  for  each  question  or  proposition 
shall  be  tallied  and  counted  by  the  inspectors  and  a  statement  shall  be  made, 
containing  the  number  of  votes  cast  for  and  against  each  question  or  propo- 
sition submitted  at  such  meeting.  Such  statement  shall  also  give  the  num- 
ber of  ballots  which  are  declared  void  and  describe  the  defects  therein  and 
shall  also  specify  the  number  of  wholly  blank  ballots  cast.  Such  statement 
shall  be  signed  by  the  inspectors.  A  ballot  shall  not  be  declared  void  unless 
the  defects  are  such  as  to  clearly  indicate  that  the  ballot  was  marked  for 
identification  or  that  the  intent  of  the  elector  in  voting  such  ballot  can  not  be 
ascertained  therefrom.  The  ballots  which  are  declared  void  and  not  counted 
shall  be  inclosed  in  an  envelop,  which  shall  be  sealed  and  indorsed  as  con- 
taining void  ballots  and  shall  be  signed  by  the  inspectors.  Such  envelop  shall 
be  filed  with  the  clerk  of  the  board  of  education  and  preserved  by  him  for  a 
period  of  at  least  one  year.  After  the  ballots  are  counted  and  the  statements 
have  been  made  as  required  herein,  such  ballots  shall  be  replaced  in  the  ballot 
boxes.  Each  box  shall  be  securely  locked  and  sealed  and  deposited  with  the 
clerk  of  the  board  of  education.  The  unused  ballots  shall  be  placed  in  a 
sealed  package  and  be  returned  to  the  clerk  of  the  board  of  education,  at  the 
time  when  such  ballot  boxes  are  delivered  to  him. 

3  The  inspectors  shall  deliver  the  statement  of  the  votes  cast  at  such 
meeting,  in  each  election  district,  to  the  clerk  of  the  board  of  education  on 
the  day  following  such  meeting.  The  board  of  education  shall  meet  at  the 
usual  place  of  meeting,  at  eight  o'clock  in  the  evening  of  the  day  following 
such  election  and  shall  forthwith  examine  and  tabulate  the  statement  of  the 
results  of  the  election  in  the  several  election  districts  of  such  town.  The 
board  of  education  shall  canvass  the  returns  as  contained  in  the  statements 
of  the  inspectors  and  shall  determine  the  number  of  votes  cast  for  and 
against  each  candidate  at  such  election  and  for  and  against  each  question 
or  proposition  voted  upon  in  the  several  election  districts  of  the  town.  The 
board  shall  thereupon  declare  the  result  of  the  canvass  of  the  votes  in  each 
election  district. 

4  The  candidates  receiving  a  plurality  of  the  votes  cast  respectively  for 
the  several  offices  shall  be  declared  elected.  The  clerk  of  the  board  of  edu- 
cation shall  record  the  result  of  the  election  as  announced  by  the  board  of 
education,  in  the  minutes  of  the  meeting. 


FREE   SCHOOLS  585 

§  364  Successful  candidates  to  be  notified  of  election.  The  clerk  of 
the  board  of  education  shall,  within  twenty-four  hours  after  the  result  of 
the  election  has  been  declared,  serve  a  written  notice  either  personally  or  by 
mail  upon  each  person  declared  to  be  elected  as  a  member  of  the  board  of 
education.  A  person  upon  whom  such  notice  has  been  served  shall  be 
deemed  to  have  accepted  the  office  unless  within  five  days  after  the  service 
of  such  notice  he  shall  file  his  written  refusal  with  the  clerk. 

§  36s  Appeals  to  the  Commissioner  of  Education.  An  appeal  may  be 
taken  to  the  Commissioner  of  Education  from  such  election  or  from  any  of 
the  acts  or  proceedings  of  a  school  meeting  or  the  board  of  education,  in  the 
same  manner  and  with  the  same  effect  as  in  the  case  of  an  appeal  to  him 
from  the  acts  or  proceedings  of  a  school  meeting  or  election  or  of  a  board 
of  education,  under  the  provisions  of  this  chapter.  The  Commissioner  of 
Education  may,  in  his  discretion,  order  a  new  election  in  any  town. 

§  2  Repeal  of  inconsistent  provisions:  effect  of  repeal.  All  acts  or 
parts  of  acts,  general  or  special,  inconsistent  with  the  provisions  of  this  act 
are  hereby  repealed.  The  repeal  of  the  acts  hereinafter  specified  or  of  such 
inconsistent  acts  of  parts  of  such  acts  shall  not  affect  any  right  existing  or 
accrued  or  any  liability  incurred  prior  to  the  passage  of  this  act.  This  act 
shall  not  affect  a  pending  action  or  proceeding  brought  by  or  against  a  trus- 
tee, trustees  or  a  board  of  education  of  a  school  district  but  the  same  may 
be  prosecuted  or  defended  in  the  same  manner  and  for  the  same  purpose  by 
the  board  of  education  of  the  town  of  which  such  district  forms  a  part,  as 
though  this  act  had  not  been  passed.  All  contracts  entered  into  by  a  trustee, 
trustees  or  the  board  of  education  of  a  school  district  prior  to  the  taking 
effect  of  this  act,  under  and  pursuant  to  the  provisions  of  the  education  law, 
shall  be  carried  into  effect  according  to  the  terms  thereof  by  the  board  of 
education  of  the  town  of  which  such  school  district  forms  a  part,  in  the 
same  manner  and  for  the  same  purpose  as  though  this  act  had  not  been 
passed.  Any  right,  existing  or  accrued,  or  any  liability  incurred  by  a  trustee, 
trustees  or  board  of  education  of  a  school  district,  prior  to  the  passage  of 
this  act,  may  be  asserted  and  enforced  by  or  against  the  board  of  education 
of  the  town  of  which  such  school  district  forms  a  part,  in  the  same  manner 
and  to  the  same  extent  as  though  this  act  had  not  been  passed. 

§  3  Sections  renumbered.  Sections  340  and  341  of  the  Education  Law 
are  hereby  renumbered  sections  364  and  365;  sections  360,  361,  362,  363,  364 
and  365  of  such  law  are  hereby  renumbered  respectively  sections  370,  371, 
372,  373.  374  and  375- 

§  4    Time  of  taking  effect.     This  act  shall  take  effect  immediately. 

Chapter  786 

AN  ACT  to  amend  the  Education  Law,  by  providing  for  a  board  of  educa- 
tion in  the  several  cities  of  the  State. 

Became   a   law    June   8,    1917,   with   tho   approval    of   the   Governor.     Passed,   three-fifths 

beina:  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows: 

Section  i  Chapter  21  of  the  Laws  of  1909,  entitled  "An  act  relating  to 
education,  constituting  chapter  16  of  the  Consolidated  Laws,"  as  amended  by 


586  THE    UNIVERSITY    OF    THE    STATE    OF    NEW   YORK 

chapter  140  of  the  Laws  of  1910,  is  hereby  further  amended  by  inserting 
therein  a  new  article,  to  be  known  as  article  33-a,  and  to  read  as  follows : 

ARTICLE  33-A 
Board  of  Education  in  the  Several  Cities  of  the  State 

Section  865     Board  of  education 

866  Board  of  education;   eligibility;  how  chosen;   term  of  office; 

vacancies 

867  Meetings  of  board  of  education 

868  Powers  and  duties  of  board  of  education 

869  Superintendent  of  schools 

870  Powers  and  duties  of  superintendent  of  schools 

871  Board  of  examiners 

872  Appointment    of    associate,    district   or    other    superintendents, 

teachers,    experts    and    other    employees;    their    salaries,    et 
cetera 

873  Local  school  board  districts 

874  Bonds  of  employees 

875  Building,  sites,  et  cetera 

876  Purchase  and  sale  of  real  property 

877  Education  budget 

878  Tax  election 

879  Bond  issue 

880  Funds ;  custody  and  disbursement  of 

881  Continuation  in  office  of  boards,  bureaus,  teachers,  principals 
and  other  employees 

§  865  Board  of  education,  i  A  board  of  education  is  hereby  estab- 
lished in  each  city  of  the  State.  The  educational  affairs  in  each  city  shall  be 
under  the  general  management  and  control  of  a  board  of  education  to  con- 
sist of  not  less  than  three  and  not  more  than  nine  members,  to  be  chosen 
as  hereinafter  provided,  and  to  be  known  as  members  of  the  board  of  edu- 
cation. The  number  of  members  on  the  board  of  education  of  each  city 
shall  be  as  follows : 

a  A  city  having  nine  members  or  less  on  its  board  of  education  shall  con- 
tinue to  have  such  number  of  members  on  said  board  as  such  board  contains 
at  the  time  this  law  goes  into  effect. 

b  A  city  having  a  population  of  one  million  or  more  shall  have  a  board 
of  education  to  consist  of  seven  members. 

c  In  all  other  cities  of  the  State  the  number  of  members  of  the  board  of 
education  shall  be  nine. 

2  A  board  of  education  in  office  at  the  time  this  law  goes  into  effect 
except  as  hereinafter  provided  shall  continue  in  office  and  possess  the  powers 
and  duties  of  a  board  of  education  under  this  article,  until  its  successor 
shall  be  chosen  as  provided  herein. 

3  The  provisions  of  this  act  shall  apply  to  and  govern  the  operation  and 
administration  of  the  public  school  system  and  other  educational  affairs  in  a 
city  which  is  created  after  this  act  goes  into  effect.  The  authorities  in 
charge  of  the  operation  and  administration  of  the  schools  and  other  educa- 
tional affairs  of  the  school  districts  included  within  such  city  at  the  time 
the  act  creating  such  city  goes  into  effect  shall  continue  in  charge  thereof 


FREE  SCHOOLS  587 

until  the  first  Tuesday  in  May  thereafter.  On  such  first  Tuesday  in  May  a 
board  of  education  consisting  of  five  members  shall  be  elected  at  the  annual 
school  election  in  accordance  with  the  provisions  of  this  chapter.  One  mem- 
ber of  such  board  shall  be  elected  for  one  year,  one  member  for  two  years, 
one  member  for  three  years,  one  member  for  four  years,  and  one  member 
for  five  years  from  the  said  first  Tuesday  of  May.  As  their  terms  expire 
their  successors  shall  be  chosen  for  a  full  term  of  five  years. 

§  866  Board  of  education;  eligibility;  how  chosen;  term  of  office; 
vacancies,  i  No  person  shall  be  eUgible  to  the  office  of  member  of  a  board 
of  education  who  is  not  a  citizen  of  the  United  States  and  who  has  not  been 
a  resident  of  the  city  for  which  he  is  chosen  for  a  period  of  at  least  three 
years  immediately  preceding  the  date  of  his  election  or  appointment. 

2  In  a  city  having  a  population  of  one  million  or  more  and  divided  into 
boroughs,  there  shall  be  a  board  of  education  consisting  of  seven  members. 
Two  members  of  such  board  shall  be  residents  of  the  borough  having  the 
largest  population,  two  shall  be  residents  of  the  borough  having  the  second 
largest  population,  and  one  shall  be  a  resident  of  each  of  the  other  boroughs 
in  such  city.  The  mayor  shall  appoint  such  members  on  the  first  Wednes- 
day in  January,  1918,  and  in  appointing  them  shall  designate  the  terms  of 
office  of  such  members  so  that  the  term  of  one  member  shall  expire  on  the 
first  Tuesday  in  May,  1919;  one  on  the  first  Tuesday  in  May,  1920;  one  on 
the  first  Tuesday  in  May,  1921 ;  one  on  the  first  Tuesday  in  May,  1922 ;  one 
on  the  first  Tuesday  in  May,  1923;  one  on  the  first  Tuesday  in  May,  1924; 
and  one  on  the  first  Tuesday  in  May,  1925.  Their  successors  shall  be 
chosen  for  full  terms  of  seven  years.  Thereafter,  as  vacancies  occur  on  such 
board  they  shall  be  filled  from  the  several  boroughs  so  that  each  borough 
shall  always  be  represented  on  such  board  as  required  under  this  subdivision. 
A  vacancy  occurring  otherwise  than  by  expiration  of  term  shall  be  filled  for 
the  unexpired  term. 

3  In  each  city  in  which  the  law  provides,  prior  to  the  time  this  article 
goes  into  effect,  that  the  members  of  the  board  of  education  shall  be  chosen 
by  vote  of  the  people  at  an  election  separate  from  the  general  or  municipal 
election,  the  members  of  the  board  of  education  of  that  city  shall  hereafter 
be  elected  by  the  voters  at  large  at  the  annual  school  election. 

4  In  each  city  in  which  the  law  provides,  prior  to  the  time  this  article 
goes  into  effect,  that  the  members  of  the  board  of  education  shall  be  chosen 
by  vote  of  the  people  at  a  general  or  municipal  election,  the  members  of  such 
board  of  education  shall  continue  to  be  so  chosen  by  the  voters  at  large  at 
either  a  general  or  municipal  election,  or  at  both,  and  for  the  terms  prescribed 
by  such  law. 

5  In  each  other  city  of  the  State  members  of  the  board  of  education  shall 
be  appointed  from  the  city  at  large  by  the  mayor  except  as  otherwise  pro- 
vided herein,  but  in  a  city  having  a  population  of  four  hundred  thousand  or 
more  and  less  than  one  million,  such  appointments  shall  be  subject  to  con- 
firmation by  the  council.  The  members  of  the  board  of  education  in  a  city 
having  a  population  of  four  hundred  thousand  or  more  and  less  than  one 
million  shall  be  appointed  by  the  mayor  on  January  15,  1918,  subject  to  con- 
firmation by  the  council,  for  terms  of  one,  two,  three,  four  and  five  years 
from  the  first  Tuesday  in  May,  191 7,  and  their  successors  shall  be  appointed 
as  provided  herein  for  five  years. 


S88  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

6  If  the  number  of  members  on  a  board  of  education  in  a  city  in  which 
the  members  of  such  board  are  chosen  at  an  annual  school,  general  or 
municipal  election  exceeds  nine,  no  person  shall  be  elected  to  membership 
thereon  as  vacancies  occur  until  the  number  of  members  on  such  board  shall 
be  less  than  nine. 

7  If  the  number  of  members  on  a  board  of  education  in  a  city  in  which 
the  members  of  such  board  are  appointed  by  the  mayor  exceeds  nine,  the  term 
of  office  of  each  member  of  such  board  shall  cease  and  terminate  when  this 
act  takes  effect,  except  as  otherwise  provided  herein,  and  the  mayor  in  each 
of  such  cities  shall  thereupon  appoint  a  board  of  education  to  consist  of  nine 
members.  Such  members  shall  be  appointed  for  the  following  terms :  two 
members  to  serve  until  the  first  Tuesday  in  May,  1918;  two  to  serve  until 
the  first  Tuesday  in  May,  1919;  two  until  the  first  Tuesday  in  May,  1920; 
two  until  the  first  Tuesday  in  May,  1921,  and  one  until  the  first  Tuesday  in 
May,  1922.  As  their  terms  expire,  their  successors  shall  be  chosen  for  a  full 
term  of  five  years. 

8  The  persons  either  elected  or  appointed  to  membership  for  a  full  term 
on  a  board  of  education,  and  their  successors  in  office,  shall  be  elected  or 
appointed  for  terms  of  five  years  each,  except  at  otherwise  provided  in  this 
act. 

9  In  a  city  having  less  than  five  members  on  its  board  of  education  the 
term  of  office  of  such  members  shall  be  for  the  period  of  time  specified  in 
the  law  in  effect  prior  to  the  time  this  act  goes  into  effect.  As  the  terms  of 
office  of  such  members  expire  their  successors  shall  be  chosen  for  like  terms. 

ID  When  a  vacancy  occurs  in  a  board  of  education  by  expiration  of  term 
prior  to  the  first  Tuesday  in  May,  1922,  such  vacancy  shall  be  filled  at  the 
time  it  occurs,  and  the  person  chosen  shall  take  office  immediately  and  hold 
the  same  for  a  term  of  five  years,  except  as  otherwise  provided  herein,  from 
the  first  Tuesday  in  May  following  the  date  on  which  such  vacancy  occurs 
and  thereafter  his  successor  shall  be  chosen  for  a  full  term  of  five  years. 

11  If  a  vacancy  occurs  other  than  by  expiration  of  term  of  office  in  the 
office  of  a  member  of  a  board  of  education  in  a  city  in  which  such  members 
are  elected  at  a  school,  or  general,  or  municipal  election,  such  vacancy  shall 
be  filled  by  appointment  by  the  mayor  until  the  next  annual  school  election 
is  held,  and  such  vacancy  shall  then  be  filled  at  such  election  for  the 
unexpired  portion  of  such  term. 

12  If  such  vacancy  occurs  in  such  office  in  a  city  in  which  the  members  of 
the  board  of  education  are  appointed  by  the  mayor,  such  vacancy  shall  be 
filled  by  appointment  by  the  mayor  of  such  city  for  the  unexpired  portion  of 
such  term,  but  in  a  city  having  a  population  of  four  hundred  thousand  or 
more  and  less  than  one  million,  such  appointment  shall  be  subject  to  con- 
firmation by  the  council. 

§  867  Meetings  of  board  of  education,  i  The  annual  meeting  of  a 
board  of  education  shall  be  held  on  the  second  Tuesday  in  May,  at  which 
meeting  the  board  shall  select  a  president  for  the  ensuing  year. 

2  Each  of  such  boards  shall  also  fix  a  time  for  holding  regular  board 
meetings  which  shall  be  at  least  as  often  as  once  each  month  and  shall  also 
prescribe  a  method  for  calling  special  meetings  of  such  board. 

§  868  Powers  and  duties  of  board  of  education.  Subject  to  the  pro- 
visions of  this  chapter,  the  board  of  education  in  a  city  shall  have  the  power 
and  it  shall  be  its  duty 


FREE  SCHOOLS  589 

1  To  perform  any  duty  imposed  upon  boards  of  education  or  trustees  of 
common  schools  under  this  chapter  or  other  statutes,  or  the  regulations  of 
The  University  of  the  State  of  New  York  or  the  Commissioner  of  Education 
so  far  as  they  may  be  applicable  to  the  school  or  other  educational  affairs  of 
a  city,  and  not  inconsistent  with  the  provisions  of  this  article. 

2  To  create,  abolish,  maintain  and  consolidate  such  positions,  divisions, 
boards  or  bureaus  as,  in  its  judgment,  may  be  necessary  for  the  proper  and 
efficient  administration  of  its  work;  to  appoint  a  superintendent  of  schools, 
such  associate,  district  and  other  superintendents,  examiners,  directors,  super- 
visors, principals,  teachers,  lecturers,  special  instructors,  medical  inspectors, 
nurses,  auditors,  attendance  officers,  secretaries,  clerks,  janitors  and  other 
employees  and  other  persons  or  experts  in  educational,  social  or  recreational 
work  or  in  the  business  management  or  direction  of  its  affairs  as  said  board 
shall  determine  necessary  for  the  efficient  management  of  the  schools  and 
other  educational,  social,  recreational  and  business  activities ;  and  to 
determine  their  duties  except  as  otherwise  provided  herein. 

3  To  have  the  care,  custody,  control  and  safekeeping  of  all  school 
property  or  other  property  of  the  city  used  for  educational,  social  or 
recreational  work  and  not  specifically  placed  by  law  under  the  control  of 
some  other  body  or  officer,  and  to  prescribe  rules  and  regulations  for  the 
preservation  of  such  property. 

4  To  purchase  and  furnish  such  apparatus,  maps,  globes,  books,  furniture 
and  other  equipment  and  supplies  as  may  be  necessary  for  the  proper  and 
efficient  management  of  the  schools  and  other  educational,  social  and  recrea- 
tional activities  and  interests  under  its  management  and  control.  To  provide 
textbooks  or  other  supplies  to  all  the  children  attending  the  schools  of  such 
cities  in  which  free  textbooks  or  other  supplies  are  lawfully  provided  prior 
to  the  time  this  act  goes  into  effect. 

5  To  establish  and  maintain  such  free  elementary  schools,  high  schools, 
training  schools,  vocational  and  industrial  schools,  kindergartens,  technical 
schools,  night  schools,  part-time  or  continuation  schools,  vacation  schools, 
schools  for  adults,  open  air  schools,  schools  for  the  mentally  and  physically 
defective  children  or  such  other  schools  or  classes  as  such  board  shall  deem 
necessary  to  meet  the  need  and  demands  of  the  city. 

6  To  establish  and  maintain  libraries  which  may  be  open  to  the  public, 
to  organize  and  maintain  public  lecture  courses,  and  to  establish  and  equip 
playgrounds,  recreation  centers,  social  centers,  and  reading  rooms  from  such 
funds  as  the  education  law  or  other  statutes  authorize  and  the  state  appro- 
priates for  such  purposes,  and  from  such  other  funds  as  may  be  provided 
therefor  from  local  taxation  or  other  sources. 

7  To  authorize  the  general  courses  of  study  which  shall  be  given  in  the 
schools  and  to  approve  the  content  of  such  courses  before  they  become 
operative. 

8  To  authorize  and  determine  the  textbooks  to  be  used  in  the  schools 
under  its  jurisdiction,  but  in  a  city  having  a  board  of  superintendents,  the 
books  thus  authorized  and  determined  shall  be  from  lists  recommended  by 
such  board. 

9  To  prescribe  such  regulations  and  by-laws  as  may  be  necessary  to  make 
effectual  the  provisions  of  this  chapter  and  for  the  conduct  of  the  proceedings 
of  said  board  and  the  transaction  of  its  business  affairs,  for  the  general 


590  THE   UNIVERSITY    OF   THE    STATE    OF    NEW   YORK 

management,  opeiation,  control,  maintenance  and  discipline  of  the  schools 
and  of  all  other  educational,  social  or  recreational  activities  and  other 
interests  under  its  charge  or  direction. 

10  To  perform  such  other  duties  and  possess  such  other  powers  as  may 
be  required  to  administer  the  affairs  placed  under  its  control  and  manage- 
ment, to  execute  all  powers  vested  in  it,  and  to  promote  the  best  interests  of 
the  schools  and  other  activities  committed  to  its  care. 

§  869  Superintendent  of  schools,  associate  superintendents,  board  of 
superintendents.  The  superintendent  or  an  associate  superintendent  of 
schools  of  a  city  in  office  when  this  article  goes  into  effect  shall  hold  his 
position  for  the  term  for  which  he  was  chosen  and  until  his  successor  is 
chosen.  A  superintendent  or  associate  superintendent  appointed  after  this 
article  goes  into  effect  shall  hold  his  position  in  a  city  of  the  first  class  for 
a  period  of  six  years  from  the  date  of  his  appointment  subject  to  removal 
for  cause  and  in  all  other  cities  subject  to  the  pleasure  of  the  board  of 
education.  In  a  city  having  a  population  of  one  million  or  more  there  shall 
be  eight  associate  superintendents,  and  the  superintendent  of  schools  and 
such  associate  superintendents  shall  constitute  a  board  of  superintendents. 
The  superintendent  of  schools  shall  be  the  chairman  of  such  board.  A 
superintendent  or  an  associate  superintendent  may  vacate  his  position  by 
filing  a  written  resignation  with  the  board  of  education.  No  person  shall 
be  eligible  to  the  position  of  superintendent  of  schools  or  associate,  district 
or  other  superintendent  of  schools  or  a  member  of  the  board  of  examiners 
unless  he  is 

1  A  graduate  of  a  college  or  university  approved  by  The  University  of  the 
State  of  New  York,  and  has  had  at  least  five  years'  successful  experience  in 
the  teaching  or  in  the  supervision  of  public  schools   since  graduation;   or 

2  A  holder  of  a  superintendent's  certificate  issued  by  the  Commissioner 
of  Education  under  regulations  prescribed  by  the  Regents  of  The  University 
of  the  State  of  New  York,  and  has  had  at  least  ten  years'  successful 
experience  in  teaching,  or  in  public  school  administration,  or  equivalent 
educational  experience  approved  by  the   Commissioner  of   Education. 

§  870  Powers  and  duties  of  superintendent  of  schools.  The  super- 
intendent of  schools  of  a  city  shall  possess,  subject  to  the  by-laws  of  the 
board  of  education,  the  following  powers  and  be  charged  with  the  following 
duties : 

1  To  enforce  all  provisions  of  law  and  all  rules  and  regulations  relating 
to  the  management  of  the  schools  and  other  educational,  social  and  recrea- 
tional activities  under  the  direction  of  the  board  of  education,  to  be  the  chief 
executive  officer  of  such  board  and  the  educational  system,  and  to  have  a 
seat  in  the  board  of  education  and  the  right  to  speak  on  all  matters  before 
the  board,  but  not  to  vote. 

2  To  prepare  the  content  of  each  course  of  study  authorized  by  the 
board  of  education,  but  in  a  city  having  a  board  of  superintendents  the 
content  of  each  of  such  courses  shall  be  prepared  and  recommended  by  the 
board  of  superintendents,  submitted  to  the  board  of  education  for  its  approval 
and,  when  thus  approved,  the  superintendent  or  board  of  superintendents, 
as  the  case  may  be,  shall  cause  such  courses  of  study  to  be  used  in  the 
grades,  classes  and  schools  for  which  they  are  authorized. 


FREE   SCHOOLS  591 

3  To  recommend  suitable  lists  of  textbooks  to  be  used  in  the  schools,  but 
in  a  city  having  a  board  of  superintendents  such  board  of  superintendents 
shall  recommend  lo  the  board  of  education  such  lists. 

4  To  have  supervision  and  direction  of  associate,  district  and  other  super- 
intendents, directors,  supervisors,  principals,  teachers,  lecturers,  medical  in- 
spectors, nurses,  auditors,  attendance  officers,  janitors  and  other  persons  em- 
ployed in  the  management  of  the  schools  or  the  other  educational  activities  of 
the  city  authorized  by  this  chapter  and  under  the  direction  and  management 
of  the  board  of  education;  to  transfer  teachers  from  one  school  to  another, 
or  from  one  grade  of  the  course  of  study  to  another  grade  in  such  course, 
and  to  report  immediately  such  transfers  to  said  board  for  its  consideration 
and  action,  but  in  a  city  having  a  board  of  superintendents  such  transfers 
shall  be  made  upon  the  recommendation  of  such  board;  to  report  to  said 
board  of  education  violations  of  regulations  and  cases  of  insubordination, 
and  to  suspend  an  associate,  district  or  other  superintendent,  director, 
supervisor,  expert,  principal,  teacher  or  other  employee  until  the  next 
regular  meeting  of  the  board,  when  all  facts  relating  to  the  case  shall  be 
submitted  to  the  board  for  its  consideration  and  action. 

5  To  have  supervision  and  direction  over  the  enforcement  and  observance 
of  the  courses  of  study,  the  examination  and  promotion  of  pupils,  and  over 
all  other  matters  pertaining  to  playgrounds,  medical  inspection,  recreation 
and  social  center  work,  libraries,  lectures  and  all  the  other  educational  activi- 
ties and  interests  under  the  management,  direction  and  control  of  the  board 
of  education,  but  in  a  city  having  a  board  of  superintendents  rules  and 
regulations  for  the  promotion  and  graduation  of  pupils  shall  be  made  by 
such  board. 

6  To  issue  such  licenses  to  teachers,  principals,  directors  and  other 
members  of  the  teaching  and  supervising  staff  as  may  be  required  under 
the  regulations  of  the  board  of  education  in  cities  in  which  such  board 
requires  its  teachers  to  hold  qualifications  in  addition  to  or  in  advance  of 
the  minimum  qualifications  required  under  this  chapter.  In  a  city  having  a 
board  of  examiners,  such  licenses  shall  be  issued  on  the  recommendation  of 
such  board. 

§  871  Board  of  examiners.  In  a  city  having  a  population  of  one  million 
or  more  there  shall  be  a  board  of  examiners  to  consist  of  four  members. 
No  person  while  in  the  supervising  or  teaching  service  in  the  city  shall  serve 
on  such  board.  It  shall  be  the  duty  of  the  board  to  hold  examinations  when- 
ever necessary,  to  examine  all  applicants  who  are  required  to  be  licensed  or 
to  have  their  names  placed  upon  eligible  lists  for  appointment  in  the  schools 
in  such  city,  except  examiners,  and  to  prepare  all  necessary  eligible  lists. 
Eligible  lists  shall  not  be  merged  and  one  eligible  list  shall  be  exhausted 
before  nominations  are  made  from  a  list  of  subsequent  date.  No  eligible 
lists,  except  a  principals'  eligible  list  shall  remain  in  force  for  a  longer 
period  than  three  years.  The  board  of  examiners  may  employ  temporary 
assistants  at  a  compensation  fixed  by  the  board  of  education.  It  shall 
perform  such  other  duties  as  the  board  of  education  may  require. 

§  872  Appointment  of  district  or  other  superintendents,  teachers  and 
other  employees;  their  salaries,  et  cetera,  i  District  superintendents, 
directors,  supervisors,  principals,  teachers  and  all  other  members  of  the 
teaching  and  supervising  staff,  except  associate  superintendents  and  examin- 


592  THE   UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 

ers,  authorized  by  section  868  of  this  article,  shall  be  appointed  by  the  board 
of  education,  upon  the  recommendation  of  the  superintendent  of  schools,  but 
in  a  city  having  a  board  of  superintendents  on  the  recommendation  of  such 
board,  for  a  probationary  period  of  not  less  than  one  year  and  not  to  exceed 
three  years ;  such  period  to  be  fixed  by  the  board  of  education  in  its 
discretion.  The  service  of  a  person  appointed  to  any  of  such  positions 
may  be  discontinued  at  any  time  during  such  probationary  period,  on  the 
recommendation  of  the  superintendent  of  schools,  and  in  a  city  having  a 
board  of  superintendents  on  the  recommendation  of  such  board,  by  a 
majority  vote  of  the  board  of  education. 

2  Associate  superintendents,  examiners  and  all  other  employees  author- 
ized by  section  868  of  this  article,  except  as  otherwise  provided  in  subdivision 
I  of  this  section,  shall  be  appointed  by  the  board  of  education. 

3  At  the  expiration  of  the  probationarj^  term  of  a  person  appointed  for 
such  term,  the  superintendent  of  schools,  and,  in  a  city  having  a  board  of 
superintendents,  such  board  shall  make  a  written  report  to  the  board  of 
education  recommending  for  permanent  appointment  those  persons  who  have 
been  found  competent,  efficient  and  satisfactory.  Such  i>ersons  and  all 
others  employed  in  the  teaching,  examining  or  supervising  service  of  the 
schools  of  a  city,  who  have  served  the  full  probationary  period,  or  have 
rendered  satisfactorily  an  equivalent  period  of  service  prior  to  the  time 
this  act  goes  into  effect  shall  hold  their  respective  positions  during  good 
behavior  and  efficient  and  competent  service,  and  shall  not  be  removable 
except  for  cause  after  a  hearing  by  the  affirmative  vote  of  a  majority  of  the 
board.  In  a  city  in  which  teachers  have  not  permanent  tenure  under  the 
laws  in  force  prior  to  the  time  this  act  goes  into  effect,  such  teachers  shall 
be  entitled  to  receive  permanent  appointments  after  serving  the  probationary 
period  fixed  by  the  board  of  education  as  herein  provided. 

4  No  principal,  supervisor,  director,  or  teacher  shall  be  appointed  to  the 
teaching  force  of  a  city  who  does  not  possess  qualifications  required 
under  this  chapter  and  under  the  regulations  prescribed  by  the  Qjmmissioner 
of  Education  for  the  persons  employed  in  such  positions  in  the  schools  of 
the  cities  of  the  State,  but  a  board  of  education  may  prescribe  additional 
or  higher  qualifications  for  the  persons  employed  in  any  of  such  positions. 

5  In  a  city  having  a  population  of  four  hundred  thousand  or  more, 
recommendations  for  appointment  to  the  teaching  and  supervising  service, 
except  for  the  position  of  superintendent  of  schools,  associate  superintendent 
or  district  superintendent,  or  director  of  a  special  branch,  principal  of  or 
teacher  in  a  training  school,  or  principal  of  a  high  school,  shall  be  from  the 
first  three  persons  on  appropriate  eligible  lists  prepared  by  the  board 
of  examiners.  Eligible  lists  in  force  at  the  time  this  act  takes  effect  and 
the  relative  standing  of  persons  whose  names  are  on  said  lists  shall  not  be 
affected  by  the  passage  of  this  act.  The  board  of  education,  on  the 
recommendation  of  the  superintendent  of  schools,  and  in  a  city  having  a 
board  of  superintendents  on  the  recommendation  of  such  board,  shall 
designate,  subject  to  the  other  provisions  of  this  chapter,  the  kind  and  grades 
of  licenses  which  shall  be  required  for  service  as  principal,  branch  principal, 
director,  supervisor  or  teacher  of  a  special  branch,  head  of  department, 
assistant  or  any  other  position  of  the  teaching  staff  together  with  the  aca- 
demic and  professional  qualifications  required  for  each  kind  or  grade  of 


FREE  SCHOOLS  593 

license.  No  person  required  to  have  a  license  under  the  provisions  of  this 
chapter  in  order  to  be  employed  in  a  position  who  does  not  have  such  license 
shall  have  any  claim  for  salary. 

6  The  salaries  of  all  members  of  the  supervising  and  teaching  force  and 
of  all  employees  and  for  all  positions  authorized  under  section  868  of  this  act 
shall  continue  to  be  on  the  same  basis  as  such  salaries  and  positions  are 
when  this  article  goes  into  effect,  and  such  salaries  shall  continue  to  be 
regulated  and  increased  in  the  same  manner,  by  the  same  provisions  of  law 
and  under  the  same  conditions  as  such  salaries  are  regulated  and  increased 
under  the  laws  governing  such  salaries  at  the  time  this  article  goes  into  effect. 
Rules  and  regulations  shall  be  adopted  governing  excusing  of  absences  and 
for  the  granting  of  leaves  of  absence  either  with  or  without  pay. 

§  873  Local  school  board  districts,  i  The  local  school  board  districts 
in  a  city  having  a  population  of  one  million  or  more  are  hereby  continued  as 
they  exist  at  the  time  this  article  goes  into  effect  subject,  however,  to  the 
provisions  contained  herein.  The  board  of  education  of  such  city  may 
modify  the  boundaries  of  such  districts,  consolidate  two  or  more  of  such 
districts,  and  establish  new  districts. 

2  There  shall  be  in  each  of  such  districts  a  local  school  board  of  five 
members  appointed  by  the  president  of  the  borough  in  which  such  district  is 
located.  The  board  of  education  shall  designate  as  a  member  of  a  local 
school  board  one  member  of  the  board  of  education  and  the  city  superin- 
tendent of  schools  shall  assign  one  district  superintendent  to  advise  with 
such  board. 

3  The  members  of  such  local  school  boards  in  office  prior  to  the  time 
this  article  goes  into  effect  shall  serve  for  the  term  for  which  they  were 
appointed.  The  full  term  of  office  of  a  member  of  such  board  shall  be  five 
years.  A  vacancy  on  such  board  shall  be  filled  by  the  borough  president 
for  the  unexpired  term. 

4  'Subject  to  the  provisions  of  this  chapter  a  local  school  board  shall 
within  its  district  have  the  power  and  it  shall  be  its  duty  to  visit  the  schools 
at  least  once  every  quarter;  to  make  recommendations  to  the  board  of 
education  with  respect  to  matters  affecting  the  interests  of  the  schools; 
subject  to  the  by-laws  of  the  board  of  education,  to  transfer  teachers  from 
school  to  school,  to  excuse  absences  of  teachers,  to  hear  charges  against 
principals  or  teachers  and  make  recommendations  thereon  to  the  board  of 
education,  and  to  perform  such  other  duties  as  may  be  required  under  said 
by-laws;  to  provide  by-laws  regulating  the  exercise  of  the  powers  and  duties 
vested  in  it,  provided  such  by-laws  are  not  in  conflict  with  the  by-laws  of 
the  board  of  education;  to  elect  a  secretary  and  determine  his  duties.  The 
secretary  is  hereby  authorized  to  administer  oaths  and  take  affidavits  in  all 
matters  pertaining  to  the  schools  in  his  district,  in  which  a  local  school 
board  has  power  to  act,  and  for  that  purpose  shall  possess  all  the  powers 
of  a  commissioner  of  deeds,  but  shall  not  be  entitled  to  any  fees  or  emolu- 
ments thereof.  The  board  of  education  shall  provide  for  the  expenses  of  a 
local  school  board  and  for  its  places  of  meeting. 

§  874  Bonds  of  employees.  The  board  of  estimate  and  apportionment 
of  a  city  or  in  a  city  having  no  board  of  estimate  and  apportionment  the 
body  or  officer  performing  the  duties  performed  by  a  board  of  estimate  and 
apportionment  which  may  now  legally  require  bonds  of  such  employees  may 

38 


594  THE   UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 

continue  to  require  bonds  of  such  employees  in  such  amount  as  such  board  of 
estimate  and  apportionment  or  other  body  or  officer  shall  determine.  In  all 
other  cities  bonds  may  be  required  of  such  employees  by  the  board  of 
education.     The  premiums  on  such  bonds  shall  be  paid  by  the  city. 

§  875  Buildings,  sites,  et  cetera,  i  A  board  of  education  is  authorized 
and  it  shall  have  power  to  purchase,  repair,  remodel,  improve  or  enlarge 
school  buildings  or  other  buildings  or  sites,  and  to  construct  new  buildings, 
subject  to  such  limitations  and  restrictions  and  exceptions  as  are  herein 
provided. 

2  Whenever  in  the  judgment  of  a  board  of  education  it  is  necessary  to 
select  a  new  site,  or  to  enlarge  a  present  site,  or  to  designate  a  playground 
or  recreation  center,  or  to  acquire  title  to  or  lease  real  property  for  other 
educational  purposes  authorized  by  this  chapter,  such  board  may  take  options 
on  property  desirable  for  such  purposes  but  before  taking  title  thereto  shall 
pass  a  resolution  stating  the  necessity  therefor,  describing  by  metes  and 
bounds  the  grounds  or  territory  desired  for  each  of  these  purposes,  and 
estimating  the  amount  of  funds  necessary  therefor.  An  item  for  such  amount 
if  funds  are  not  available  for  the  purchase  or  lease  of  such  property  may  be 
included  in  the  next  annual  budget  if  not  included  in  a  special  budget  as 
herein  provided. 

3  Whenever  in  the  judgment  of  a  board  of  education  the  needs  of  the 
city  require  a  new  building  for  school  purposes  or  for  recreation  or  other 
educational  purposes  authorized  by  this  chapter,  or  when  in  its  judgment  a 
building  should  be  remodelled  or  enlarged,  such  board  shall  pass  a  resolution 
specifying  in  detail  the  necessity  therefor  and  estimating  the  amount  of 
funds  necessary  for  such  purpose.  An  item  for  such  amount  if  funds  are 
not  available  for  the  construction  of  such  building  may  be  included  in  the 
next  annual  budget  if  not  included  in  a  special  budget  as  herein  provided. 

4  No  site  shall  be  designated  except  upon  a  majority  vote  of  a  board 
of  education  and  no  building  shall  be  constructed,  remodelled  or  enlarged 
until  the  plans  and  specifications  therefor  are  approved  by  the  board  of 
education. 

5  After  a  site  has  been  selected  and  plans  and  specifications  for  a  build- 
ing thereon  have  been  approved  as  provided  herein,  a  board  of  education  in 
a  city  having  a  population  of  more  than  four  hundred  thousand  but  less  than 
one  million  may,  in  its  discretion,  by  regulation  deliver  such  plans  and 
specifications  to  the  council  which  may  thereupon,  in  its  discretion,  award 
a  contract  for  the  erection  of  such  building  in  the  same  manner  and  in 
accordance  with  the  provisions  of  law  regulating  the  awarding  of  contracts 
for  the  construction  of  municipal  buildings  of  such  city. 

6  In  a  city  of  the  second  class  in  which  the  common  council,  the  board  of 
estimate  and  apportionment  and  the  board  of  contract  and  supply  and  the 
commissioner  of  public  works  or  other  city  officials,  or  any  one  or  more 
thereof,  has  the  authority  under  the  law  in  force  prior  to  the  time  this  act 
takes  effect  to  erect,  remodel,  improve,  or  enlarge  school  buildings  or  to 
purchase  supplies  or  real  property  for  any  school  purpose,  such  officers, 
board  or  boards  shall  continue  to  possess  such  powers  and  duties  and  to 
perform  such  functions. 

7  When  the  real  property  of  a  city  under  the  control  and  management 
of  the  board  of  education  is  no  longer  needed  for  educational  purposes  in  the 


FREE  SCHOOLS  595 

city,  such  board  shall  notify  the  common  council  of  such  fact  and  in  a  city 
having  no  common  council,  the  council  or  the  commissioners  of  the  sinking 
fimds,  as  the  case  may  be,  may  then  sell  or  dispose  of  such  property  in 
the  manner  in  which  other  real  property  owned  by  the  city  may  be  sold 
or  disposed  of  and  the  proceeds  thereof  shall  be  credited  to  the  funds 
under  the  control  and  administration  of  the  board  of  education  in  such 
city,  except  that  in  cities  where  the  proceeds  of  such  sales  are  required  by 
statute,  in  effect  prior  to  the  time  this  article  goes  into  effect,  to  be  paid 
to  the  credit  of  the  sinking  fund  established  and  maintained  therein,  the 
proceeds  of  such  sales  shall  continue  to  be  paid  to  the  credit  of  the  sinking 
fund  of  such  city  or  cities  as  required  by  statute,  and  except  that  in  a  city 
having  a  council  or  a  board  of  estimate  and  apportionment,  such  council 
or  board  may,  by  resolution,  authorize  the  use  of  the  proceeds  of  such  sale 
for  other  municipal  purposes. 

8  No  contract  for  the  purchase  of  supplies,  furniture,  equipment,  or  for 
the  construction  or  the  alteration  or  remodelling  of  any  building  shall  be 
entered  into  by  a  board  of  education  involving  an  expenditure  or  liability  of 
more  than  one  thousand  dollars  unless  said  board  shall  have  duly  advertised 
for  estimates  for  the  same  and  the  contract  in  each  case  shall  be  awarded 
to  the  lowest  responsible  bidder  furnishing  the  security  as  required  by  such 
board. 

§  876  Purchase  and  sale  of  real  property.  The  board  of  education  may 
purchase  real  property  for  any  of  the  purposes  authorized  by  law  and  shall 
take  title  thereof  in  the  name  of  the  city,  and  when  the  owner  of  such  prop- 
erty refuses  to  sell  the  same  or  such  board  is  unable  to  agree  with  the  owner 
of  such  property  on  the  purchase  price  thereof,  it  shall  have  the  power  and 
authority  to  institute  such  proceedings  and  take  any  action  necessary  to 
acquire  title  to  such  property  under  and  pursuant  to  the  provisions  of  the 
condemnation  law,  city  charter,  or  of  any  special  statute  authorizing  proceed- 
ings to  acquire  title  by  right  to  eminent  domain,  except  that  in  a  city  in  which 
the  common  council,  board  of  contract  and  supply  or  other  city  officers  or 
body  are  authorized  and  empowered  by  law  to  acquire  title  to  real  property 
for  school  purposes  under  the  laws  in  force  at  the  time  this  act  goes  into 
effect,  said  council,  board,  officers  or  body  shall  continue  to  possess  such 
powers  and  shall  exercise  the  same,  including  the  power  to  condemn  real 
property  for  said  purposes,  under  the  provisions  of  law  relating  thereto 
notwithstanding  any  of  the  provisions  contained  in  this  act. 

§  877  Annual  estimate,  i  The  board  of  education  in  each  city  having  a 
population  of  less  than  one  million  shall  prepare  annually  an  itemized  estimate 
for  the  current  or  ensuing  fiscal  year  of  such  sum  of  money  as  it  may  deem 
necessary  for  the  purposes  stated  in  this  section,  after  crediting  thereto  the 
amount  anticipated  in  the  next  apportionment  of  school  funds  from  the  state 
and  the  estimated  amount  to  be  received  from  all  other  sources.  Such  itemized 
estimate  in  such  cities  shall  be  filed  at  such  times  and  in  such  manner  as  city 
departments  or  officers  are  required  to  submit  estimates  for  such  departments 
or  officers.  The  board  of  education  in  each  other  city  shall  prepare  annually 
an  itemized  estimate  for  the  ensuing  fiscal  year  and  file  the  same  on  or 
before  the  first  day  of  September.  Such  estimate  shall  be  for  the  following 
purposes : 

a    The  salary  of  the  superintendent  of  schools,  associate,  district  or  other 


596  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

superintendents,  examiners,  directors,  supervisors,  principals,  teachers,  lec- 
turers, special  instructors,  auditors,  medical  inspectors,  nurses,  attendance 
officers,  clerks  and  janitors  and  the  salary,  fees  or  compensation  of  all  other 
employees  appointed  or  employed  by  said  board  of  education. 

b  The  other  necessary  incidental  and  contingent  expenses  including  ordi- 
nary repairs  to  buildings  and  the  purchase  of  fuel  and  light,  supplies,  text- 
books, school  apparatus,  books,  furniture  and  fixtures  and  other  articles 
and  service  necessary  for  the  proper  maintenance,  operation  and  support  of 
the  schools,  libraries  and  other  educational,  social  or  recreational  affairs 
and  interests  under  its  management  and  direction.  The  provisions  of  this 
section  in  regard  to  the  purchase  of  light  shall  not  apply  to  a  city  having  a 
population  of  one  million  or  more. 

c  The  remodelling  or  enlarging  of  buildings  under  its  control  and  man- 
agement, the  construction  of  new  buildings  for  uses  authorized  by  this  chap- 
ter and  the  furnishing  and  equipment  thereof,  the  purchase  of  real  property 
for  new  sites,  additions  to  present  sites,  playgrounds  or  recreation  centers 
and  other  educational  or  social  purposes,  and  to  meet  any  other  indebtedness 
or  liability  incurred  under  the  provisions  of  this  chapter  or  other  statutes,  or 
any  other  expenses  which  the  board  of  education  is  authorized  to  incur. 

2  In  a  city  which  had,  according  to  the  state  census  of  191 5,  a  population 
of  less  than  fifty  thousand  such  estimate  shall  be  filed  with  the  clerk  of  the 
common  council  and  the  common  council  shall  include,  except  as  otherwise 
provided  herein,  in  the  next  annual  tax  and  assesment  roll  of  the  city  the 
amount  specified  in  such  estimate  and  the  same  shall  be  collected  in  the 
same  manner  at  other  city  taxes  are  collected  and  shall  be  placed  to  the 
credit  of  the  board  of  education  as  herein  provided.  In  each  city  in  which 
the  law  provides,  prior  to  the  time  this  article  goes  into  effect,  that  such 
assessment  shall  be  included  in  a  school  tax  and  assessment  roll,  separate 
and  distinct  from  the  annual  tax  and  assessment  roll,  and  at  a  different  time, 
such  assessment  shall  continue  to  be  included  in  a  school  tax  and  assessment 
roll,  to  be  prepared  and  levied  at  the  same  time  each  year  as  the  law  pro- 
vides in  respect  to  said  cities  prior  to  the  time  this  article  goes  into  effect. 
In  case  more  than  twenty-five  thousand  dollars  is  required  to  be  raised  by 
tax  for  the  purposes  specified  in  paragraph  c  of  subdivision  i  of  this 
section,  the  common  council,  or  the  board  of  education,  or  either,  may  pro- 
vide for  the  submission  to  the  voters  of  the  city,  at  a  tax  election,  the  propo- 
sition for  the  expenditure  of  such  sum  or  may  levy  a  tax  to  be  payable  in 
installments,  for  such  purposes,  and  may  issue  and  sell  municipal  bonds  as 
hereinafter  provided.  In  cities  in  which  the  board  of  education  is  either 
appointed,  or  is  elected  at  a  general  or  municipal  election,  the  submission  of 
such  question  shall  be  to  the  voters  of  such  city  at  either  a  general  or  muni- 
cipal election. 

3  In  a  city  of  the  third  class  in  which  the  common  council,  under  stat- 
utes in  effect  prior  to  the  time  when  this  act  takes  effect,  has  the  power  to 
determine  the  amount  of  funds  which  shall  be  included  in  the  estimate  for 
the  support  and  maintenance  of  public  schools,  and  in  any  such  city  in  which 
the  mayor  under  such  statutes  has  the  power  to  consider  and  determine  the 
amount  included  in  such  estimate  for  the  support  and  maintenance  of  pub- 
lic schools,  such  common  council  and  mayor  shall  have  the  same  power  and 
shall  perform  the  same  duties  as  are  required  under  the  statutes  in  effect 


i 


FREE   SCHOOLS  597 

prior  to  the  taking  effect  of  this  act,  and  the  provisions  of  such  statutes  shall 
continue  in  full  force  and  effect  notwithstanding  the  provisions  of  this  act. 
Nothing  in  this  act  shall  be  construed  as  conferring  upon  the  common  coun- 
cil of  a  city  of  the  third  class  the  power  to  determine  the  amount  which  shall 
be  used  for  school  purposes,  which  was  not  specifically  conferred  upon  the 
common  council  of  such  city  under  the  statutes  in  effect  prior  to  the  taking 
effect  of  this  act.  Where  the  mayor,  under  a  statute  in  effect  prior  to  the 
taking  effect  of  this  act,  reduces  or  eliminates  items  in  the  estimate  for  the 
support  and  maintenance  of  the  public  schools  in  the  city,  he  must  return  such 
estimate  to  the  board  of  education,  stating  his  reasons  for  making  such  reduc- 
tions or  eliminations,  within  ten  days  after  the  filing  of  such  estimate,  and 
thereupon  the  board  of  education  may  take  action  on  such  estimate  and  may 
by  a  three-fourths  vote  of  the  members  of  the  board  restore  the  items  so 
reduced  or  eliminated,  and  the  estimate  shall  thereupon  become  effective  and 
the  amounts  specified  therein  shall  be  levied  and  collected  in  the  same  man- 
ner as  other  city  taxes  are  collected. 

4  In  a  city  of  the  second  class  in  which  the  board  of  estimate  and  appor- 
tionment has  authority,  under  the  statutes  in  effect  prior  to  the  time  this  act 
goes  into  effect,  to  determine  the  amount  of  funds  which  shall  be  included 
for  the  support  and  maintenance  of  public  schools  in  the  estimate  to  be  sub- 
mitted to  the  common  council,  and  in  a  city  of  the  first  class  having  a  popu- 
lation of  less  than  four  hundred  thousand,  according  to  the  federal  census 
of  1910,  such  estimate  shall  be  filed  with  the  mayor.  The  mayor  shall  place 
such  estimate  before  the  board  of  estimate  and  apportionment  at  the  same 
time  and  in  the  same  manner  as  estimates  from  city  departments  or  officers 
are  placed  before  said  board  of  estimate  and  apportionment,  and  such  esti- 
mate shall  thereafter  be  subject  to  the  same  consideration,  action  and  proce- 
dure as  all  other  estimates  from  city  departments  or  officers.  The  said  board 
of  estimate  and  apportionment  may  increase,  diminish  or  reject  any  item  con- 
tained in  said  estimate,  except  for  fixed  charges  for  which  the  city  is  liable. 
When  such  estimate  is  adopted  the  board  of  estimate  and  apportionment 
shall  file  it  with  the  common  council. 

5  The  board  of  education  in  each  other  city  of  the  second  class  shall  file 
such  estimate  with  the  mayor.  The  common  council  of  each  city  included 
within  the  provisions  of  this  subdivision  shall  include  the  amount  of  such 
estimate  in  the  tax  and  assessment  roll  of  the  city  and  the  same  shall  be  col- 
lected and  placed  to  the  credit  of  the  board  of  education  as  herein  provided, 
except  that  a  tax  for  the  purposes  specified  in  paragraph  c  of  subdivision 
one  of  this  section  shall  be  levied  payable  in  installments  and  bonds  therefor 
shall  be  issued  and  sold  as  hereinafter  provided. 

6  In  a  city  which  had,  according  to  the  federal  census  of  1910,  a  popula- 
tion of  four  hundred  thousand  or  more  but  less  than  one  million  such  esti- 
mate shall  be  filed  with  the  officer  authorized  to  receive  other  department 
estimates  and  the  same  acted  on  by  such  officer  and  by  the  council  of  such 
city  in  the  same  manner  and  with  the  same  effect  as  other  department  esti- 
mates. The  council  is  also  authorized,  in  its  discretion,  to  include  in  such 
budget  a  sum  for  any  of  the  purposes  enumerated  in  paragraph  c  of  subdi- 
vision one  of  this  section,  and  any  further  amount  for  such  purposes  as  may 
be  authorized  by  a  tax  election  held  in  such  city  pursuant  to  the  provisions 
of  this  chapter.    After  the  adoption  of  such  budget  the  council  shall  cause 


598  THE   UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

the  amount  thereof  to  be  included  in  the  tax  and  assessment  roll  of  the  city 
and  the  same  shall  be  collected  in  the  same  manner  and  at  the  same  time  as 
other  taxes  of  the  city  are  collected,  and  placed  to  the  credit  of  the  board  of 
education.  ,  '     ■  j      ,    j 

7  In  a  city  which  had,  according  to  the  federal  census  of  1910,  a  popula- 
tion of  one  million  or  more  such  estimate  shall  be  filed  with  the  board  of 
estimate  and  apportionment.  If  the  total  amount  requested  in  such  estimate 
shall  be  equivalent  to  or  less  than  four  and  nine-tenths  mills  on  every 
dollar  of  assessed  valuation  of  the  real  and  personal  property  in  such  city 
liable  to  taxation,  the  board  of  estimate  and  apportionment  shall  appropriate 
such  amount.  If  the  total  amount  contained  in  such  estimate  shall  exceed 
the  said  sum  of  four  and  nine-tenths  mills  on  every  dollar  of  assessed 
valuation  of  the  real  and  personal  property  in  such  city  liable  to  taxation, 
such  estimate  shall,  as  to  such  excess,  be  subject  to  such  consideration  and 
such  action  by  the  board  of  estimate  and  apportionment,  the  board  of  alder- 
man, and  the  mayor  as  that  taken  upon  departmental  estimates  submitted 
to  the  board  of  estimate  and  apportionment.  The  board  of  estimate  and 
apportionment  is  authorized  to  make  additional  appropriations  for  educa- 
tional purposes  authorized  by  this  chapter.  The  general  school  fund  shall 
consist  of  all  moneys  raised  for  the  payment  of  the  salaries  of  all  persons 
employed  in  the  supervising  and  teaching  staff,  including  the  superintendent 
of  schools  and  all  associate,  district  and  other  superintendents,  members  of 
the  board  of  examiners,  attendance  officers,  supervisor  of  lectures,  lecturers 
and  director  and  assistant  director  of  the  division  of  reference  and  research. 
The  special  school  fund  shall  contain  and  embrace  all  moneys  raised  for 
educational  purposes  not  comprised  in  the  general  school  fund.  The  general 
school  fund  shall  be  raised  in  bulk  and  for  the  city  at  large.  The  board  of 
education  shall  administer  all  moneys  appropriated  or  available  for  educa- 
tional purposes  in  the  city,  subject  to  the  provisions  of  law  relating  to  the 
audit  and  payment  of  salaries  and  other  claims  by  the  department  of  finance. 

8  A  board  of  education  may,  to  meet  emergencies  which  may  arise,  sub- 
mit a  special  estimate  in  which  items  for  extraordinary  expenses  may  be  sub- 
mitted to  meet  such  emergencies.  Such  estimate  shall  contain  a  complete 
statement  of  the  purposes  for  which  the  items  are  requested  and  the  neces- 
sity therefor.  The  same  method  of  procedure  shall  be  followed  in  sub- 
mitting such  estimate  and  such  estimate  shall  be  subject  to  the  same  consid- 
eration and  action  as  is  required  in  the  submission,  consideration  and  action 
upon  the  regular  annual  estimate  submitted  by  a  board  of  education.  The 
common  council  in  such  a  city  shall  have  power  to  make  the  appropriations 
requested  by  a  board  of  education  in  such  special  estimate.  The  common 
council  of  a  city  of  the  third  class,  the  common  council,  the  board  of  esti- 
mate and  apportionment  of  a  city  of  the  second  class  and,  in  a  city  having 
a  population  of  four  hundred  thousand  or  more  and  less  than  one  million, 
according  to  the  federal  census  of  1910,  the  council  may  temporarily  borrow 
the  amount  appropriated  on  city  certificates  of  indebtedness  or  by  the  issu- 
ance of  revenue  bonds,  or  other  municipal  bonds,  which  certificates  of  indebt- 
edness or  bonds  shall  be  payable  at  such  time  and  in  such  manner  as  shall  be 
provided  by  general  laws  or  the  charter  of  such  city  for  other  certificates  of 
indebtedness  or  revenue  bonds. 

9  In  cities  in  which  the  boundaries  of  the  school  district  or  districts  are 


FREE   SCHOOLS  599 

not  coterminus  with  the  city  boundaries  and  in  which  the  board  of  education, 
under  the  provisions  of  law  existing  at  the  time  of  the  passage  of  this  act, 
is  authorized  to  levy  taxes  for  school  purposes,  the  board  of  education  is 
hereby  authorized  and  empowered  to  prepare,  fix  and  determine  the  educa- 
tion budget  for  all  the  purposes  set  forth  in  this  section,  and  said  board 
of  education  shall  levy  and  collect  the  necessary  tax  or  taxes  for  all  the 
purposes  specified  in  said  budget  in  accordance  withe  provisions  of  the 
education  law.  In  the  event  the  boundaries  of  said  city  or  cities  are  here- 
after made  coterminous  with  the  school  district  boundaries  this  provision 
shall  no  longer  apply. 

10  A  board  of  education  shall  not  incur  a  liability  or  an  expense  charge- 
able against  the  funds  under  its  control  or  the  city  for  any  purpose  in  excess 
of  the  amount  appropriated  or  available  therefor  or  otherwise  authorized  by 
law. 

11  In  a  city  in  which,  under  the  statutes  in  effect  prior  to  the  time  of  the 
taking  effect  of  this  act,  it  is  provided  that  the  estimate  of  expenditures  for 
the  support  and  maintenance  of  the  public  schools  of  the  city  shall  not  be  less 
than  a  specified  per  capita  sum,  based  on  the  number  of  pupils  enrolled  in 
the  public  schools  of  the  city,  the  amount  authorized  or  required  to  be 
included  in  the  estimate  of  school  expenditures  as  provided  in  this  act  shall 
not  be  less  than  the  per  capita  sum  specified  in  such  statute. 

§  878  Tax  election,  i  In  a  city  having  a  population  of  less  than  sev- 
enty-five thousand,  according  to  the  federal  census  of  1910,  the  board  of 
education  may  call  a  tax  election,  by  giving  notice  thereof  as  notice  is 
required  under  the  education  law  of  an  annual  school  election  and  submit 
to  those  qualified  to  vote  at  such  election  a  proposition  to  expend  a  sum  of 
money  in  excess  of  twenty-five  thousand  dollars  for  any  of  the  purposes 
enumerated  in  paragraph  c  of  subdivision  i  of  section  877  of  this  chapter. 
The  provisions  of  law  relating  to  and  governing  annual  school  elections, 
including  inspectors,  notices,  qualifications  of  voters,  challenges,  hours  for 
keeping  polls  open,  penalties,  canvass  of  votes,  filing  returns,  supplying  bal- 
lots, and  all  other  matters  relating  to  an  annual  election  shall  apply  to  and 
govern,  so  far  as  may  be  practicable,  a  tax  election  except  in  a  city  in  which 
the  election  of  members  of  the  board  of  education  is  held  at  the  general  or 
municipal  election.  In  such  cities  the  law  applying  to  and  governing  such 
general  or  municipal  elections  shall  apply  to  and  govern  such  tax  election. 

2  In  such  a  citj^  in  which  the  members  of  the  board  of  education  are 
elected  at  the  general  or  municipal  election,  a  tax  election  for  like  purposes 
may  be  held  by  direction  of  the  board  of  education.  The  provisions  of  law 
regulating  such  general  or  municipal  elections  in  such  cities  shall  apply  to 
and  govern  the  method  of  calling  and  holding  tax  elections  in  said  cities. 

§  879  Bond  issue,  i  When  the  common  council  or  the  voters  of  a  city 
authorize  an  appropriation  to  be  raised  by  a  tax  in  installments  for  any  of 
the  purposes  enumerated  in  paragraph  c  of  subdivision  i  of  section  877  of 
this  chapter,  city  bonds  shall  be  issued  in  the  same  manner  and  under  the 
same  provisions  as  other  bonds  are  or  may  be  issued  by  such  city.  The  prin- 
cipal and  interest  of  such  bonds  shall  be  paid  out  of  moneys  raised  by  tax 
therefor  in  the  same  manner  as  other  school  moneys  are  raised,  when  such 
bonds  and  the  interest  thereon  shall  become  due  and  payable.  In  a  city  hav- 
ing a  population  of  four  hundred  thousand  or  more  but  less  than  one  million, 


600  THE   UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 

according  to  the  federal  census  of  1910,  such  bonds  shall  be  issued  by  the 
council. 

2  In  a  city  of  the  second  class  and  in  a  city  of  the  first  class  having  a 
population  of  less  than  four  hundred  thousand,  according  to  the  federal 
census  of  1910,  the  common  council  and  the  board  of  estimate  and  appor- 
tionment shall  have  power  to  determine  upon  the  necessity  of  issuing  bonds 
for  any  of  the  purposes  enumerated  in  paragraph  c  of  subdivision  i  of 
section  877  of  this  chapter,  and  when  bonds  shall  be  thus  authorized  such 
bonds  shall  be  issued  by  the  municipal  authorities. 

3  In  a  city  having  a  population  of  four  hundred  thousand  or  more  but 
less  than  one  million,  the  council  of  such  city  may,  by  a  vote  of  four-fifths 
of  its  members,  authorize  from  time  to  time  the  issuance  of  bonds  of  said 
city  to  defray  the  expense  of  the  construction,  improvement  and  equipment 
of  school  buildings  or  the  purchase  or  acquisition  of  school  sites,  which 
expense  shall  not  have  been  included  in  the  budget,  in  such  amounts  and 
payable  at  such  times  and  places  and  having  such  rates  of  interest,  not 
exceeding  six  per  centum  per  annum,  as  said  council  may  determine,  interest 
to  be  paid  semiannually,  said  bonds,  however,  to  be  due  in  not  more  than 
fifty  years  from  their  date  and  to  be  sold  for  not  less  than  their  par  value 
and  accrued  interest.  Such  bonds  may  be  made  payable  in  equal  proportions 
during  a  number  of  successive  years  not  exceeding  a  period  of  fifty  years 
from  their  issuance,  as  the  council  shall  determine.  Such  bonds  shall  be 
issued  and  sold  by  the  authorities  of  the  city  in  the  same  manner  that  bonds 
for  other  municipal  purposes  are  issued  and  sold  and  the  proceeds  of  the 
sale  of  such  bonds  shall  be  paid  into  the  treasury  of  the  city  and  placed  to 
the  credit  of  the  board  of  education.  As  such  bonds  become  due  the  munici- 
pal authorities  of  the  city  shall  include  in  the  tax  levy,  and  assess  upon  the 
property  of  the  city,  the  amount  necessary  to  pay  such  bonds  and  interest 
thereon. 

4  In  a  city  having  a  population  of  one  million  or  more,  the  board  of  esti- 
mate and  apportionment  may  in  its  discretion  annually  cause  to  be  raised 
such  sums  of  money  as  may  be  required  for  the  purposes  enumerated  in  sub- 
division c  of  section  877  of  this  act,  in  the  manner  provided  by  law  for  the 
raising  of  money  for  such  purposes. 

§  880  Funds;  custody  and  disbursement  of.  i  Public  moneys  appor- 
tioned to  a  city  by  the  state  and  all  funds  raised  or  collected  by  the  authori- 
ties of  a  city  for  school  purposes  or  to  be  used  by  the  board  of  education 
for  any  purpose  authorized  in  this  chapter,  or  any  other  funds  belonging  to  a 
city  and  received  from  any  source  whatsoever  for  similar  purposes,  shall  be 
paid  into  the  treasury  of  such  city  and  shall  be  credited  to  the  board  of 
education. 

2  Such  funds  shall  be  disbursed  only  by  authority  of  the  board  of  edu- 
cation and  upon  written  orders  drawn  on  the  city  treasurer  or  other  fiscal 
officer  of  the  city.  'Such  orders  shall  be  signed  by  the  superintendent  of 
schools  and  the  secretary  of  the  board  of  education  or  such  other  officers 
as  the  board  may  authorize.  Such  orders  shall  be  numbered  consecutively 
and  shall  specify  the  purpose  for  which  they  are  drawn  and  the  person  or 
corporation  to  whom  they  are  payable. 

3  It  shall  be  unlawful  for  a  city  treasurer  or  other  officer  having  the  cus- 
tody of  city  funds  to  permit  the  use  of  such  funds  for  any  purpose  other 


FREE   SCHOOLS  ,  6oi 

than  that  for  which  they  are  lawfully  authorized  and  such  funds  shall  not 
be  paid  out  except  on  audit  of  the  board  of  education  and  the  countersigna- 
ture of  the  comptroller,  and  in  a  city  having  no  comptroller  by  an  officer 
designated  by  the  officer  or  body  having  the  general  control  of  the  financial 
affairs  of  such  city.  The  board  of  education  of  such  city  shall  make,  in  addi- 
tion to  such  classification  of  its  funds  and  accounts  as  it  desires  for  its  own 
use  and  information,  such  further  classification  of  the  funds  under  its  man- 
agement and  control  and  of  the  disbursements  thereof  as  the  comptroller  of 
the  city,  or  the  officer  or  body  having  the  general  control  of  the  financial 
affairs  of  such  city,  shall  require,  and  such  board  shall  furnish  such  data  in 
relation  to  such  funds  and  their  disbursements  as  the  comptroller  or  such 
other  financial  officer  or  body  of  the  city  shall  require. 

§  88i  Continuation  in  office  of  boards,  bureaus,  teachers,  principals 
and  other  employees,  et  cetera,  i  Except  as  otherwise  provided  herein  the 
boards,  bureaus,  teachers,  principals,  supervisors,  superintendents,  heads  of 
departments,  assistants  to  principals,  examiners,  supervisor  of  lectures, 
directors  and  all  other  officers  and  employees  of  the  school  system  or  of 
boards  of  education  of  the  several  cities  of  the  State,  lawfully  appointed  or 
assigned  before  this  act  takes  effect,  shall  continue  to  hold  their  respective 
positions  for  the  term  for  which  they  were  appointed  or  until  removed  as 
provided  in  subdivision  3  of  section  872  of  this  article. 

2  If  a  board  of  education  abolishes  an  office  or  position  and  creates 
another  office  or  position  for  the  performance  of  duties  similar  to  those  per- 
formed in  the  office  or  position  abolished,  the  person  filling  such  office  or 
position  at  the  time  of  its  abolishment  shall  be  appointed  to  the  office  or 
position  thus  created  without  reduction  in  salary  or  increment,  provided  the 
record  of  such  person  has  been  one  of  faithful,  competent  service  in  the 
office  or  position  he  has  filled. 

3  If  an  office  or  position  is  abolished  or  if  it  is  consolidated  with  another 
position  without  creating  a  new  position,  the  person  filling  such  position  at 
the  time  of  its  abolishment  or  consolidation  shall  be  placed  upon  a  preferred 
eligible  list  of  candidates  for  appointment  to  a  vacancy  that  may  thereafter 
occur  in  an  office  or  position  similar  to  the  one  which  such  person  filled 
without  reduction  in  salary  or  increment,  provided  the  record  of  such  per- 
son has  been  one  of  faithful,  competent  service  in  the  office  or  position  he  has 
filled.  The  names  of  such  persons  shall  be  placed  upon  such  preferred  list 
in  the  order  in  which  their  services  have  been  thus  discontinued. 

§  2  City  school  district.  Each  city  in  which  the  school  district  bound- 
aries are  coterminus  with  the  city  boundaries  is  hereby  declared  to  be  a  city 
school  district.  In  a  city  in  which  the  city  boundaries  and  the  school  district 
boundaries  are  not  coterminus  the  school  district  boundaries  shall  remain 
as  they  existed  prior  to  the  time  this  act  takes  effect  and  until  such  time 
as  such  school  district  boundaries  may  be  changed  as  provided  by  law.  In 
each  city  where  the  school  district  boundaries  are  not  coterminus  with  the 
city  boundaries  the  school  district  which  contains  the  whole  or  the  greater 
portion  of  the  inhabitants  of  the  city  shall  be  the  city  school  district  of 
said  city  and  shall  be  subject  to  the  provisions  of  this  act. 

§  3  Repeal  of  inconsistent  provisions;  effect  of  repeal.  All  acts  or 
parts  of  acts,  general  or  special,  inconsistent  with  the  provisions  of  this  act 
are  hereby  repealed.     The  repeal  of  the  act  specified  in  the  schedule  hereto 


602 


THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 


annexed,  or  of  such  inconsistent  acts  or  parts  of  such  acts,  shall  not  affect 
any  right  existing  or  accrued  or  any  liability  incurred  prior  to  the  passage  of 
this  act,  and  all  acts  or  parts  of  acts,  general  or  special,  not  specifically 
repealed  by  this  act  and  not  inconsistent  with  the  provisions  of  this  act  shall 
remain  in  full  force  and  effect. 

§  4  Pending  actions  or  proceedings;  existing  rules.  The  repeal  of  a 
law  or  any  part  of  it  specified  in  the  annexed  schedule  and  any  provision  of 
this  act  shall  not  affect  pending  actions  or  proceedings  brought  by  or  against 
the  board  of  education  of  a  city,  or  by  or  against  a  city,  in  respect  to  the 
public  schools  thereof,  under  or  in  pursuance  of  any  of  the  provisions  of 
the  laws  hereby  repealed,  but  the  same  may  be  prosecuted  or  defended  in  the 
same  manner  and  for  the  same  purpose  by  the  board  of  education  of  the 
city  under  the  provisions  of  this  chapter  as  though  such  laws  had  not  been 
repealed.  The  rules  and  regulations  adopted  by  a  board  of  education  in 
pursuance  of  any  law  hereby  repealed  shall  continue  in  full  force  and  effect 
notwithstanding  such  repeal,  until  the  same  are  modified,  amended  or 
repealed  by  the  board  of  education  as  provided  in  this  chapter.  Nothing 
in  this  act  shall  affect  titles  to  school  property,  but  such  property  may  be 
held  either  in  the  name  of  the  city  school  district  or  of  the  board  of  educa- 
tion, as  provided  in  this  act  or  in  any  other  act  relating  to  titles  to  such 
property. 

§  5    Time  of  taking  effect.     This  act  shall  take  effect  immediately. 

§  6  Laws  repealed.  Of  -the  laws  enumerated  in  the  schedule  hereto 
annexed,  that  portion  specified  in  the  last  column  is  hereby  repealed. 


SCHEDULE  OF   LAWS   REPEALED 


Laws    of         Chapter         Section 


1829. 
1842. 
1844- 
1844. 
1846. 
1847- 
1849- 
1850. 
1850. 
1852. 
1852. 
1853. 
i8S4- 
1856. 
1857- 
I8S7- 
1858. 
1858. 
1858. 
1859. 
1859. 
1862. 
1863. 
1864. 
1865. 
1866. 
1866. 
1866. 
1866. 
1867. 
1867. 
T867. 
1867. 
1867. 
1868. 
1868. 
1868. 
1868. 


234- 
137- 
131- 
175- 
7- 
SI' 


66. 

77- 
156. 
2S8. 
252. 
348. 
164. 
382. 
572- 

34- 

9S- 
269. 
los. 
298. 

18. 
377. 

98. 

88. 
9- 

58. 
378. 
579- 
IIS- 
353. 
573- 
787. 
822. 

82. 
249. 
312. 
630. 


All 
All 
All 
All 
All 
All 


184 105,  106 


All 

All 

All 

All 

All 

All 

5 

All 

All 

1—9,  1 1-2 1 

All 

All 

All 

All 

124 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

AU 


Laws  of 

1868 

1869 

1869 

1869 

1870 

1871 

1873 

1873 

1873 

1873 

1875 

1875 

1877 

1877 

1879 

1880 

1 880 

1881 

i88r 

1881 

1882 

1883 

1884 

188s 

1885 

1886 

1887 

1887 

1888 

1888 

1889 

1889 

1889 

1889 

1890 

1 890 

1891 


Section 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

2 

All 

All 

All 

All 

All 

All 

All 

26 174-183 

313 All 

120 58.  268 


Chapter 

729 

43 

122 

186 

234 

386 

623 

666 

169 

577 

243 

441 

318 

17 

524 

70 

180 

294 

168 

163 

61 


279. 

368. 

103. 

381. 
IS- 
18. 

220. 

387- 
IS- 

215- 


All 

16 

All 

All 

All 

All 

All 

All 

All 

All 


105 324-343.  .343-0, 

344-348 


FREE   SCHOOLS  603 

Laws    of        Chapter         Section  Laws    of  Chapter  Section 

1892 22 All  1902 284 All 

1892 182 229,    229-0-229.1  1902 494 I 

1892 626 5  1902 560 All 

1892 671 Title   6,    i§    1-I2S  1902 572 160-174 

1893 10 All  1903 43 All 

1893 216 All  1903 46 All 

1893 345 7  1903 71 AH 

1893 381 All  1903 187 All 

1893 454 AH  1903 249 2 

1893 524 AH  1903 295 s 

1893 531 20-24  1903 399 6,    8 

1894 10 All  1903 416 All 

1894 33 All  1903 449 3,     parts  amending 

1894 454 All  §§     99-101 

189s 123 All  1903 555 AH 

189s 189 All  1903 562 AH 

1895 370 All  1904 189 All 

1895 394 156-177  1904 242 AH 

1895 526 AH  1904 300 340-353 

1895 505 5,    42  1904 319 6,      parts      amend- 

1895 751 144-150,    150-0-  ing    §§    106-109, 

150-C,        151-155  113 

1895 831 All  1904 542 All 

1895 950 2i-2j  1904 650 199-208 

1895 998 AH  1905 109 All 

1895 1032 AH  1905 357 Title    22,    §§    1-13 

1896 146 AH  1905 364 All 

1896 161 All  1905 468 20 

1896 416 AH  1905 486 AH 

1896 425 161-169  1905 593 220-241 

1896 710 All  1906 68 AH 

1896 747 161-181  1906 335 17 

1897 372 AH  1906 495 All 

1897 378 1056,       1059-1064,  1907 118 All 

1067,     1068,     all  1907 130 All 

of    1069,    except  1907 165 All 

subdivision        8,  1907 203 Title   12,   j  4 

1070-1090,1093  1907 537 All 

1897 402 All  1907 543 All 

1897 479 AH  1907 595 AH 

1897 752 All  1907 653 6 

1897 760 84,    85,    86,    subds.  1907 751 384-405 

1-12;     87-97,99  1907 752 Title     18,    !§     1-3 

1898 48 AH  1907 755 90.    381-404 

1898 182 240-252  1908 29 167,      168,      168-a, 

1898 232 6  169,  170 

1898 298 All  1908 51 All 

1898 430 AH  1908 336 AH 

1898 431 AH  1908 406 AH 

1898 498 AH  1908 452 Article  9,  §§  1- 

1899 40 AH  17,    20 

1899 275 74,   185-197  1908 454 150-166 

1899 304 1-20  1908 481 AH 

1899 586 All  1908 503 170-199 

1899 627 AH  1909 85 AH 

1900 152 All  1909 365 2,    3 

1900 160 150-166  1909 550 24,    25 

1900 562 AH  1909 574 150—153 

1900 563 All  1909 591 All 

1900 573 AH  i9"o 49 AH 

1900 659 8,    part    amending  i9«o 101 AH 

Si   161-163,   166,  19'0 391 AH 

167  J910 464 AH 

1901 56 2,    3  1910 466 All 

1901 110 All  1910 491 I,     part    amending 

190« »27 All  fi    152,    153 

1901 196 18,    19  i9«o 559 351-365 

1901 204 16—19  1910 632 93-99 

1901 285 All  1911 77 AH 

1901 298 AH  i9«i 184 165-184,     and     so 

1901 466 1056,     1059-1064,  much    of   section 

1067,     1068,     all  17      as      relates 

of     io6g     except  to  the   salary   of 

subdivision       8,  _                     the     city     super- 

1070—1090,     1093  '                     intendent          of 

1901 473 AH  schools 

1901 718 AH  I9«i 187 7,    8 

1902......       63 150-167  1911 242 116—129 

1902 223 All  19H 340 2 

1902 269 98—113  igii 386 All 


604  THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

Laws    of  Chapter  Section  Laws    of  Chapter  Section 

1911 422 All  1914 226 All 

i9«i 522 All  1914 228 All 

1911 617 32-34  1914 281 20 

i9»i 645 19,    20  1914 286 All 

»9ii 648 44,   subd.    7;    240-        1914 289 All 

256  1914 354 200 

1911 699 36-38  1914 476 I 

1912 438 All  1915 13 II 

1912 4SS All  191S 69 279-289 

1913 13 All  1915 113 All 

1913 45 All  1915 229 120 

1913 314 All  191S 356 257-268 

1913 481 250-257  1915 359 3 

i9>3 S07 127-142  191S 611 49-51 

1913 539 102  1916 229 23 

1913 659 I,    part    amending        1916 271 All 

§    383,    subd.    7        1916 431 All 

1913 688 All  1916 464 IS,    16 

1913 749 All  1916 488 All 

1914 4 I  1916 530 92,    281-294 

1914 217 290-293  1916 575 80-84 

Chapter  791 

AN  ACT  to  amend  the  Education  Law,  relative  to  school  elections  in  cer- 
tain cities 

Became  a  law  June  8,  191 7,  with  the  approval  of  the  Governor.     Passed,  three-fifths  being 

pwesent. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows: 

Section  i.  Chapter  21  of  the  Laws  of  1909,  entitled  "An  act  relating  to 
education,  constituting  chapter  16  of  the  Consolidated  Laws,"  as  amended 
by  chapter  140  of  the  Laws  of  1910,  is  hereby  amended  by  inserting  therein 
a  new  article,  to  be  known  as  article  7-a,  and  to  read  as  follows : 

ARTICLE  7-A 
School  Elections  in  Certain  Cities 

Section  208  Application  of  article 

209  Annual  school  election 

210  Qualifications  of  electors 

211  Division   of   city   or   district   into    districts;    elections   held   in 

schoolhouses 

212  Notices  of  election 

213  Preparation  of  poll  lists ;  correction 

214  Inspectors  of  election ;  organization 

215  Nomination  and  ballot 

216  Conduct  of  election ;  challenges 

217  Canvass  of  votes  and  return  to  board  of  education;   declara- 

tion of  result 

218  Use  of  voting  machines 

§  208  Application  of  article.  This  article  shall  apply  to  each  city  in  the 
State,  in  which  members  of  the  board  of  education  are  elected  by  the  quali- 
fied electors  of  such  city  at  an  election  other  than  a  general  or  municipal 
election. 

§  209  Annual  school  election,  i  An  annual  election  shall  be  held  on 
the  first  Tuesday  of  May  in  each  city  to  which  this  article  applies. 


FHEE    SCHOOLS  605 

2  The  polls  of  such  election  shall  be  open  from  twelve  o'clock  noon  until 
eight  o'clock  in  the  evening. 

§  210  Qualifications  of  voters.  A  person  shall  be  entitled  to  vote  at  a 
school  election  in  such  city  who  is : 

1  A  citizen  of  the  United  States. 

2  Twenty-one  years  of  age. 

3  A  resident  within  the  election  district  for  a  period  of  thirty  days  next 
preceding  the  election  at  which  he  offers  to  vote;  and  who  in  addition 
thereto  possesses  one  of  the  following  four  qualifications. 

a  Owns  or  hires  real  property  in  such  district  or  is  in  the  possession  of 
such  property  under  a  contract  of  purchase,  assessed  upon  the  last  pre- 
ceding assessment  roll  of  the  city,  or 

b  Is  the  parent  of  a  child  of  school  age,  provided  such  child  shall  have 
attended  the  public  schools  in  the  city  in  which  the  election  is  held  for  a 
period  of  at  least  eight  weeks  during  the  year  preceding  such  election,  or 

c  Not  being  the  parent,  has  permanently  residing  with  him  a  child  of 
school  age  who  shall  have  attended  such  public  schools  for  a  period  of  at 
least  eight  weeks  during  the  year  preceding  such  election,  or 

d  Owns  personal  property,  assessed  on  the  last  preceding  assessment-roll 
of  the  city,  exceeding  fifty  dollars  in  value,  exclusive  of  such  as  is  exempt 
from  execution. 

No  person  shall  be  deemed  to  be  ineligible  to  vote  at  any  such  election,  by 
reason  of  sex,  who  has  the  other  qualifications  required  by  this  section. 

§  211  Division  of  city  into  districts;  elections  held  in  schoolhouses. 
The  board  of  education  of  each  such  city  shall  adopt  a  resolution  on  or 
before  the  first  day  of  April,  preceding  the  first  annual  school  election  held 
hereunder,  dividing  the  city  into  school  election  districts.  The  city  shall 
be  so  divided,  that  if  circumstances  will  permit,  there  shall  be  a  schoolhouse 
m  each  district  and  each  district  shall  contain  not  more  than  one  thousand 
qualified  voters.  The  districts  thus  formed  shall  continue  in  existence  until 
modified  by  resolution  of  the  board  of  education.  Such  resolution  shall 
accurately  describe  the  boundaries  of  such  districts  by  streets,  alleys  and 
highways,  when  practicable,  and  shall,  so  far  as  may  be,  include  one  or  more 
of  the  regular  election  districts  of  such  city.  School  elections  shall  be  held 
in  such  districts  so  far  as  may  be  possible  in  the  public  schoolhouses  therein. 
If  there  is  no  public  schoolhouse  in  a  district  the  board  of  education  shall  by 
resolution  designate  the  place  where  the  election  in  such  district  shall  be  held. 

§  212  Notices  of  election.  The  board  of  education  shall  cause  a  notice 
of  the  annual  school  election  to  be  published  at  least  once  in  each  week  for 
the  four  weeks  preceding  such  election,  in  at  least  two  newspapers  published 
in  such  city.  Such  notice  shall  state  the  day  of  the  election  and  the  hours 
during  which  the  polls  are  to  be  open,  shall  accurately  describe  the  bound- 
aries of  the  school  election  districts  into  which  the  city  is  divided,  and  shall 
specify  the  schoolhouses  or  other  places  therein  where  such  election  will  be 
held.  Such  notice  shall  also  state  that  poll  lists  prepared  by  the  clerk  of 
the  board  of  education  as  required  by  this  article  containing  the  names  of 
the  qualified  electors  of  each  school  election  district  are  on  file  and  may  be 
examined  at  the  office  of  such  clerk  or  of  the  superintendent  of  schools  of 
such  city. 


6o6  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  213  Preparation  of  poll  lists;  correction,  i  The  secretary  or  clerk 
of  the  board  of  education  in  each  such  city  shall  on  or  before  the  first  day 
of  April  in  each  year  prepare  a  poll  list  for  each  school  election  district 
which  shall  contain  the  names  of  all  persons  residing  in  such  district  who 
shall  be  qualified  to  vote  for  candidates  for  the  offices  of  members  of  the 
board  of  education  at  the  ensuing  election.  The  names  on  such  list  shall  be 
arranged  alphabetically  by  the  surnames,  and  the  place  of  residence  by  street 
and  number  of  each  person  named  on  such  list,  if  any,  and  if  not,  some 
description  accurately  locating  such  place  of  residence  shall  be  given  on  such 
list. 

2  Such  list  shall  be  placed  on  file  in  the  office  of  the  secretary  or  clerk 
of  the  board  of  education  or  some  other  suitable  and  accessible  place  to  be 
designated  by  the  board  of  education  where  it  may  be  examined  by  persons 
interested  therein  during  ihe  office  hours  of  such  secretary  or  clerk  for 
thirty  days  preceding  the  annual  school  election  and  from  four  to  eight 
o'clock  in  the  evening  of  each  Friday  and  Saturday  of  the  four  weeks  imme- 
diately preceding  the  election.  The  secretary  or  clerk  of  the  board  of  edu- 
cation or  some  person  to  be  designated  by  such  board  shall  attend  at  such 
office  at  such  times,  and  shall  permit  such  lists  to  be  examined  by  the  public. 

3  Any  person  whose  name  is  not  upon  such  list,  who  is  or  will  be  a  quali- 
fied voter  of  the  city  at  such  election,  may  file  a  written  statement  with  the 
secretary  or  clerk  of  the  board  of  education  giving  his  name,  place  of  resi- 
dence, occupation  and  the  school  election  district  in  which  he  resides,  and 
specifying  the  qualifications  which  entitle  him  to  vote  at  such  election.  The 
name  of  such  voter  shall  thereupon  be  placed  on  such  poll  list.  If  such 
person  appears  before  the  secretary  or  clerk  of  the  board  of  education  and 
furnishes  the  information  above  required,  such  secretary  or  clerk  shall  place 
his  name  upon  the  poll  list. 

4  If  a  qualified  voter  is  a  resident  of  a  school  election  district  and  his 
name  appears  on  a  poll  list  as  a  resident  of  another  district,  a  written  state- 
ment may  be  filed  by  such  voter  with  the  secretary  or  clerk  of  the  board 
of  education  showing  his  correct  residence  and  the  name  of  such  voter  shall 
thereupon  be  stricken  from  such  poll  list  and  placed  upon  the  proper  poll 
list. 

5  The  board  of  education  shall  furnish  blanks  for  such  statements, 
which  shall  be  used  by  the  voters  in  presenting  the  facts  above  prescribed. 
No  change  or  alteration  of  such  list  shall  be  made  by  any  person  before  the 
correction  and  revision  thereof  as  hereinafter  provided. 

6  Such  statements  and  challenges  shall  be  received  and  preserved  by  the 
secretary  or  clerk  of  the  board  or  other  person  designated  by  the  board,  and 
on  the  Monday  preceding  the  annual  election  such  secretary  or  clerk  shall 
correct  and  revise  each  of  such  duplicate  lists  by  striking  therefrom  and 
inserting  in  their  proper  places  the  names  of  persons  who  have  filed  the 
statements  above  referred  to  and  shall  indicate  on  such  lists  the  persons 
whose  qualifications  as  voters  have  been  challenged. 

7  Such  corrected  and  revised  lists  shall  be  filed  in  the  office  of  the  sec- 
retary or  clerk  of  the  board  of  education.  Such  board  shall  cause  a  copy 
of  the  list  of  each  election  district  to  be  delivered  on  the  day  of  the  election, 
before  the  opening  of  the  polls  therein,  to  the  inspectors  of  such  districts,  at 
the  place  where  the  election  in  such  district  is  to  be  held. 


FREE   SCHOOLS  607 

8  A  qualified  voter  may,  upon  the  examination  of  such  list,  file  a  written 
challenge  of  the  qualifications  as  a  voter  of  any  person  whose  name  appears 
on  such  list.  Such  challenge  shall  be  written  and  shall  be  on  blanks  to  be 
furnished  by  the  board  of  education. 

§  214  Inspectors  of  election;  organization.  The  board  of  education 
shall  appoint  not  less  than  ten  days  prior  to  each  school  election  three  quali- 
fied voters  residing  in  each  school  election  district  to  act  as  insipectors  of 
elections  in  such  district  at  the  annual  election.  The  secretary  or  clerk  of  the 
board  of  education  shall  given^  written  notice  of  appointment  to  the  per- 
sons so  appointed.  If  a  person  appointed  an  inspector  of  election  refuses  to 
accept  such  appointment  or  fails  to  serve,  the  board  may  appoint  a  qualified 
voter  of  the  school  election  district  to  fill  the  vacancy.  Not  more  than  two 
additional  inspectors  of  elections  for  each  district  may  be  appointed  for  one 
more  of  such  school  election  districts,  when,  in  the  opinion  of  the  board, 
special  circumstances  exist  requiring  the  services  of  such  additional  inspec- 
tors. Such  inspectors  shall,  before  opening  the  polls  in  the  election  district 
for  which  they  are  appointed,  organize  by  electing  one  of  their  number  as 
chairman,  and  one  as  poll  clerk.  Each  inspector  shall  receive  for  his  serv- 
ices a  compensation  of  three  dollars,  to  be  paid  out  of  the  school  funds  in 
the  same  manner  as  other  claims  against  the  city  or  district. 

§  215  Nomination  and  ballot,  i  Candidates  for  members  of  the  board 
of  education  in  a  city  to  which  this  article  applies  shall  be  nominated  by  peti- 
tion directed  to  the  board  of  education  and  signed  by  at  least  thirty  persons 
qualified  to  vote  at  school  elections  in  such  city.  Such  petition  shall  con- 
tain the  name  and  residences  of  the  candidates  for  the  vacancies  in  the  board 
of  education  to  be  filled  at  the  annual  election  and  shall  state  whether  such 
candidates  are  nominated  for  full  terms  or  for  the  unexpired  portions  of 
such  terms.  Such  petitions  shall  be  filed  with  the  secretary  or  clerk  of  the 
board  of  education,  on  or  before  the  tenth  day  preceding  the  day  of  the 
annual  election. 

2  The  board  of  education  shall  cause  to  be  printed  official  ballots  con- 
taining the  names  of  all  candidates  as  above  provided.  The  ballots  shall 
separately  state  whether  the  persons  named  thereon  are  candidates  for  full 
terms  or  for  unexpired  terms.  The  names  of  the  candidates  shall  be 
arranged  alphabetically  according  to  their  surnames  in  columns  under  titles 
or  designations  showing  whether  they  are  to  be  elected  for  full  terms  or 
unexpired  terms.  Blank  spaces  shall  be  provided  so  that  voters  may  vote 
for  candidates  who  have  not  been  nominated  for  the  offices  to  be  filled  at 
such  election.  The  form  of  such  ballots  shall  conform  substantially  to  the 
form  of  ballots  used  at  general  elections  as  prescribed  in  the  election  law. 
Such  ballots  shall  be  printed  at  the  expense  of  the  city  and  the  cost  thereof 
shall  be  paid  out  of  funds  appropriated  for  school  purposes  and  available 
therefor. 

3  There  shall  be  delivered  to  the  inspectors  in  each  school  election  dis- 
trict on  the  day  of  the  annual  election  a  supply  of  such  ballots  which  shall 
at  least  equal  the  number  of  qualified  voters  in  such  district  as  appears  from 
the  poll  list  thereof. 

4  Such  ballots  shall  have  printed  thereon  instructions  as  to  the  marking 
of  the  ballots  and  the  number  of  candidates  for  the  several  offices  for  which 
a  voter  is  permitted  to  vote. 

^  So  in  originaL 


6o8  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

5  If  official  ballots  are  not  furnished  as  above  provided,  an  election  of 
members  of  a  board  of  education  in  such  city  shall  not  be  declared  invalid 
or  illegal  because  of  the  use  of  ballots  which  do  not  conform  to  the  require- 
ments of  this  section  or  of  the  provisions  of  the  election  law,  provided  the 
intent  of  the  voter  may  be  ascertained  from  the  use  of  such  irregular  or 
defective  ballots  and  such  use  was  not  fraudulent  and  did  not  substantially 
affect  the  result  of  the  election. 

§  216  Conduct  of  election;  challenges,  i  Such  election  shall  be  con- 
ducted, so  far  as  may  be,  in  accordance  with  the  provisions  of  the  election 
law,  relative  to  general  elections,  except  as  otherwise  provided  herein.  Bal- 
lot boxes  shall  be  provided  by  the  board  of  education  for  each  school  election 
district,  one  to  contain  the  ballots  voted  and  the  other  for  the  rejected  or 
defective  ballots. 

2  All  persons  whose  names  appear  upon  the  poll  list  as  residing  in  such 
election  district  shall  be  permitted  to  vote  and  shall  be  given  ballots  for  such 
purpose. 

3  Booths  shall  be  provided  and  voters  shall  ibe  required  to  enter  such 
booths  for  the  purpose  of  marking  their  ballots.  The  ballots  when  pre- 
sented to  the  inspector  shall  be  folded  so  as  to  conceal  the  names  of  the 
candidates  for  whom  the  voter  has  voted. 

4  All  voters  entitled  to  vote  who  are  in  the  place  where  the  election  is 
held  at  or  before  the  time  of  closing  the  polls  shall  be  allowed  to  vote.  The 
inspector  shall  keep  a  poll  list,  containing  the  name  and  address  of  each 
qualified  elector  who  votes  at  such  election  for  the  candidates  or  proposi- 
tions or  questions  voted  for  thereat. 

5  Any  qualified  voter  of  a  district  may  challenge  the  right  of  a  person 
to  vote  at  the  time  when  he  requests  a  ballot.  All  persons  named  upon  the 
poll  list  as  having  been  challenged  prior  to  the  day  of  the  election  shall  also 
be  challenged  before  they  are  given  ballots  to  vote.  The  chairman  of  the 
board  of  inspectors  shall  administer  to  each  person  so  challenged  the  fol- 
lowing oath:  "I  do  solemnly  swear  (or  affirm)  that  I  am  a  citizen  of  the 
United  States ;  that  I  am  of  the  age  of  twenty-one  years  or  more ;  that  I 
have  been  for  the  thirty  days  last  past  an  actual  resident  of  this  city;  and 
that  in  addition  thereto  I  possess  one  of  the  four  qualifications  prescribed 
by  section  two  hundred  and  ten  of  the  education  law,  to  wit:  —  (Here  state 
facts  upon  which  qualifications  are  claimed),  and  am  therefore  qualified  to 
vote  at  this  election."  The  chairman  of  the  board  of  inspectors  shall  before 
administering  such  oath  inform  the  person  so  challenged  of  the  four  quaU- 
fications  prescribed  by  such  section.  If  the  person  challenged  so  swears  or 
affirms,  he  shall  be  permitted  to  vote  at  such  election ;  but  if  he  shall  refuse 
to  so  swear  or  affirm,  he  shall  not  be  given  a  ballot  or  be  permitted  to  vote. 

6  A  person  who  wilfully  swears  or  affirms  falsely  as  to  his  right  to  vote 
at  such  election  after  his  right  to  vote  has  been  challenged  is  guilty  of  per- 
jury and  may  be  punished  in  the  manner  provided  by  law  for  the  punish- 
ment of  such  crime.  A  person  who  is  not  qualified  to  vote  at  such  election 
who  shall  vote  thereat,  although  not  challenged,  shall  be  guilty  of  a  misde- 
meanor, punishable  by  a  fine  of  not  less  than  twenty-five  dollars,  or  by 
imprisonment  for  not  less  than  thirty  days,  or  by  both  such  fine  and  impris- 
onment. 

§  217    Canvass  of  votes  and  return  to  board  of  education;  declaration 


FREE  SCHOOLS  609 

of  result.  I  Immediately  upon  the  close  of  the  polls  the  inspectors  of  each 
school  election  district  shall  count  the  ballots  found  in  the  ballot  box  with- 
out unfolding  them,  except  so  far  as  is  necessary  to  ascertain  that  each  bal- 
lot is  single.  They  shall  compare  the  number  of  ballots  found  in  the  ballot 
box  with  the  number  of  persons  recorded  on  the  poll  list  as  having  voted 
at  the  election.  If  the  number  of  ballots  found  in  the  ballot  box  shall  exceed 
the  number  of  names,  such  ballots  shall  be  replaced  without  being  unfolded 
in  the  box  from  which  they  were  taken  and  shall  be  thoroughly  mingled  in 
such  box  and  one  of  the  inspectors  designated  by  the  board  shall  then  pub- 
licly draw  out  as  many  ballots  as  shall  be  equal  to  the  number  of  excess 
ballots.  The  ballots  so  drawn  out  shall  be  enclosed  without  unfolding  in  an 
envelop  which  shall  be  sealed  and  endorsed  with  a  statement  of  the  number 
of  such  excess  ballots  withdrawn  from  the  box  and  shall  be  signed  by  the 
inspector  who  withdrew  such  ballots.  Such  envelop  with  the  excess  ballots 
therein  shall  be  placed  in  the  box  for  the  defective  or  spoiled  ballots. 

2  The  ballots  shall  be  counted  or  canvassed  by  the  inspectors  in  the  man- 
ner provided  for  the  canvassing  of  ballots  at  a  general  election  except  as 
otherwise  provided  herein.  The  votes  cast  for  each  candidate  shall  be  tallied 
and  counted  by  the  inspectors  and  a  statement  shall  be  made  containing  the 
names  of  each  candidate  receiving  votes  in  such  district  and  the  number 
of  votes  cast  for  each  candidate.  Such  statement  shall  also  give  the  number 
and  describe  the  ballots  which  are  declared  void  and  shall  also  specify  the 
number  of  wholly  blank  ballots  cast.  Such  statement  shall  be  signed  by  the 
inspectors.  The  ballots  which  were  declared  void  and  not  counted  shall  be 
enclosed  in  an  envelop  which  shall  be  sealed  and  endorsed  as  containing 
void  ballots  and  signed  by  the  inspectors.  Such  envelop  shall  be  placed  in 
the  ballot  box  containing  the  defective  and  spoiled  ballots. 

3  After  the  ballots  are  counted  and  the  statements  have  been  made  as. 
required  herein  the  ballots  shall  be  replaced  in  the  ballot  box.  Each  box  shall 
be  securely  locked  and  sealed  and  deposited  by  an  inspector  designated  for 
the  purpose  with  the  secretary  or  clerk  of  the  board  of  education.  The 
unused  ballots  shall  be  placed  in  a  sealed  package  and  returned  by  the  inspec- 
tor designated  for  such  purpose  to  the  said  secretary  or  clerk  at  the  same 
time  that  such  ballot  boxes  are  delivered  to  him.  The  statement  of  the  can- 
vass of  the  votes  shall  be  delivered  to  the  secretary  or  clerk  of  the  board  of 
education  on  the  day  following  the  annual  election. 

4  The  board  of  education  shall  meet  at  the  usual  place  of  meeting  at 
eight  o'clock  in  the  evening  of  the  day  following  such  election  and  shall 
forthwith  examine  and  tabulate  the  statements  of  the  result  of  the  election 
in  the  several  school  election  districts.  The  said  board  shall  canvass  the 
returns  as  contained  in  such  statements  and  shall  determine  the  number  of 
votes  cast  for  each  candidate  in  the  several  school  election  districts.  The 
board  shall  thereupon  declare  the  result  of  the  canvass.  The  candidates 
receiving  a  plurality  of  the  votes  cast  respectively  for  the  several  offices  shall 
be  declared  elected.  The  secretary  or  clerk  of  the  board  of  education  shall 
record  the  result  of  the  election  as  announced  by  the  board  of  education. 

5  The  secretary  or  clerk  of  the  board  of  education  shall  within  twenty- 
four  hours  after  the  result  of  the  election  has  been  declared  serve  a  written 
notice  either  personally  or  by  mail  upon  each  person  declared  to  be  elected 
as  a  member  of  the  board  of  education. 

39 


6lO  THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

§  218  Use  of  voting  machines.  In  a  city  in  which  voting  machines  are 
used  at  general  or  municipal  elections,  it  shall  be  lawful  for  the  board  of 
education  of  such  city  to  authorize  the  use  of  such  voting  machines  at  a 
school  election.  When  such  voting  machines  are  used  the  law  relating  to 
the  use  of  such  machines  at  a  general  or  municipal  election  shall  apply  to 
and  govern  the  use  of  such  machines  in  a  school  election. 

§  2    This  act  shall  take  effect  immediately. 

Chapter  303 

AN  ACT  to  amend  the  Greater  New  York  charter  and  to  repeal  sections 

1092-a,    1092-b   and    1092-C,   thereof,    in    relation    to   teachers'    retirement 

fund. 

Became    a    law   May    i,    191 7,    with   the   approval   of   the    Governor.     Passed,   three-fifths 

being  present. 

Accepted  by  the  city 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows: 

Section  l  Section  1092  of  the  Greater  New  York  charter,  as  reenacted 
by  chapter  466  of  the  Laws  of  1901,  and  amended  by  chapter  530  of  the 
Laws  of  1902,  chapter  177  of  the  Laws  of  1903,  chapter  661  of  the  Laws  of 
1905,  chapter  167  of  the  Laws  of  1907  and  chapter  476  of  the  Laws  of  1914, 
is  hereby  amended  to  read  as  follows : 

§  1092  The  following  words  and  phrases  as  used  in  this  act,  unless  a 
different  meaning  is  plainly  required  by  the  context,  shall  have  the  following 
meanings : 

(i)  "Retirement  system"  shall  mean  the  arrangement  for  the  payment 
of  retirement  allowances,  under  the  provisions  of  this  act. 

(2)  "  Retirement  association "  shall  mean  the  teachers'  retirement  asso- 
ciation provided  for  in  subdivision  B  of  this  act. 

(3)  "  Retirement  board  "  shall  mean  the  teachers'  retirement  board  pro- 
vided for  in  subdivision  C  of  this  act. 

(4)  "  Medical  board "  shall  mean  the  board  of  physicians  provided  for 
in  subdivision  T  of  this  act. 

(5)  "  Board  of  education "  shall  mean  the  board  of  education  of  the 
city  of  New  York. 

(6)  "  Public  school "  shall  mean  any  class,  school,  high  school,  normal 
school,  training  school,  vocational  school,  truant  school,  parental  school, 
and  all  schools  or  classes  conducted  under  the  order  and  superintendence 
of  the  board  of  education,  and  the  schools  or  classes  maintained  by  the 
department  of  public  charities  or  by  the  department  of  correction  in  pursu- 
ance of  the  rules  established  or  to  be  established  by  the  board  of  education, 
or  by  the  commissioner  of  public  charities  or  by  the  commissioner  of  cor- 
rection for  schools  or  classes  maintained  by  such  commissioners,  respectively. 

(7)  "  Teacher  "  shall  mean  the  city  superintendent  of  schools,  the  asso- 
ciate city  superintendents,  the  district  superintendents,  the  director  and  the 
assistant  director  of  the  divisions  of  reference  and  research,  the  director  and 
the  assistant  directors  of  the  bureau  of  compulsory  education,  school  census 
and  child  welfare,  the  members  of  the  board  of  examiners,  the  directors  and 
the  assistant  directors  of  special  branches,  the  supervisor  and  the  assistant 


FREE  SCHOOLS  6ll 

supervisors  of  lectures,  all  principals,  vice-principals,  assistants-to-principals, 
heads  of  departments,  and  all  regular  and  special  teachers  of  the  public  day 
schools  of  the  city  of  New  York,  and  all  employees  of  the  board  of  educa- 
tion appointed  to  regular  positions  in  the  service  of  the  public  schools  at 
annual  salaries  and  whose  appointments  were  made  or  shall  hereafter  be 
made  from  eligible  lists  prepared  as  the  result  of  examinations  held  by  the 
board  of  examiners  of  the  department  of  education. 

(8)  "  Present-teacher "  shall  mean  any  teacher  employed  in  the  public 
schools  at  a  teacher  on  the  first  day  of  August,  1917,  or  on  leave  of  absence 
on  said  date. 

(9)  "  New-entrant "  shall  mean  any  teacher  appointed  to  serve  in  the 
public  schools  after  the  first  day  of  August,  1917. 

(10)  "Contributor"  shall  mean  any  member  of  the  retirement  associa- 
tion. 

(11)  "Transferred-contributor"  shall  mean  a  contributor  as  defined  in 
subdivision  I  of  this  act. 

( 12)  "  Beneficiary "  shall  mean  any  person  in  receipt  of  a  pension,  an 
annuity,  a  retirement  allowance,  or  other  benefit  as  provided  in  this  act. 

(13)  "City-service"  shall  mean  any  service  as  an  employee  of  the  city 
of  New  York  or  of  any  department,  bureau,  board  or  corporation  created 
under  the  provisions  of  the  Greater  New  York  charter,  or  as  an  employee  of 
any  of  the  municipalities,  counties  or  parts  thereof  which  are  included 
within  the  boundaries  of  the  city  of  New  York  or  which  have  been  incorpo- 
rated into  said  city. 

(14)  "Prior-service"  shall  mean  all  city-service  and  all  teaching  or 
supervisory  service  in  schools  or  colleges  not  maintained  by  the  city  of  New 
York  computed  to  and  including  the  sixteenth  day  of  September,  1917,  in  the 
case  of  a  present-teacher  and  in  the  case  of  a  new-entrant  to  the  date  of  his 
appointment  as  a  teacher,  subject  to  the  limitations  and  restrictions  imposed 
by  subdivision  H  of  this  act. 

(15)  "Total-service"  shall  mean  all  prior-service  together  with  all  sub- 
sequent service  as  a  teacher  or  contributor  as  provided  in  this  act. 

(16)  "Service  retirement"  shall  mean  retirement  as  defined  in  subdivi- 
sion K  of  this  act. 

(17)  "Disability  retirement"  shall  mean  retirement  as  defined  in  sub- 
division L  of  this  act. 

(18)  "Average  salary"  shall  mean  the  average  annual  salary  earnable  by 
a  contributor  for  the  ten  years  immediately  preceding  retirement  except  that 
in  case  a  contributor  shall  retire  prior  to  the  first  days  of  January,  1922, 
average  salary  shall  mean  the  average  annual  salary  earnable  by  the  con- 
tributor since  the  first  day  of  January,  1912. 

(19)  "Minimum  contribution"  shall  mean  (a)  the  amount  realized  by 
deducting  from  the  salary  of  a  contributor  three  per  centum  of  his  earn- 
able salary;  or  (b)  such  per  centum  thereof,  if  less  than  three  per  centum, 
as  shall  be  computed  to  be  sufficient,  with  regular  interest,  when  paid  until 
age  sixty-five,  to  provide  for  him  on  retirement  at  that  age  with  an  annuity 
which,  when  added  to  his  pension  provided  for  in  this  act,  will  provide  a 
retirement  allowance  of  fifty  per  centum  of  his  average  salary. 

(20)  "  Minimum  accumulation "  shall  mean  the  amount  created  by  the 
accumulation  of  the  minimum  contributions,  together  with  the  regular  inter- 
est thereon. 


6l2  THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

(21)  "Accumulated  deductions"  shall  mean  the  total  of  the  amounts 
deducted  from  Uie  salary  of  a  contributor  and  standing  to  the  credit  of  his 
individual  account  in  the  annuity  savings  fund,  together  with  the  regular 
interest  thereon. 

(22)  "  Regular  interest "  shall  mean  interest  at  four  per  centum  per 
annum,  compounded  annually. 

(23)  "  Pension "  shall  mean  payments  for  life  derived  from  appropria- 
tions made  by  the  city  of  New  York  and  from  any  other  sources  of  revenue 
of  the  pension  reserve  funds  as  provided  in  this  act. 

(24)  "Annuity  "  shall  mean  payments  for  life  derived  from  contributions 
made  by  a  contributor  as  provided  in  this  act. 

(25)  "  Retirement  allowance "  shall  mean  the  pension,  plus  the  annuity. 

(26)  "  Pension  reserve "  shall  mean  the  present  value  computed  on  the 
basis  of  such  mortality  tables  as  shall  be  adopted  by  the  retirement  board, 
with  regular  interest,  of  the  future  payments  to  be  made  on  account  of  any 
pension  granted  under  the  provisions  of  this  act. 

(27)  "Annuity  reserve  "  shall  mean  the  present  value  computed  on  the 
basis  of  such  mortality  tables  as  shall  be  adopted  by  the  retirement  board, 
with  regular  interest,  of  the  future  payments  to  be  made  on  account  of  any 
annuity  or  benefit  granted  and  based  on  the  accumulated  deductions  of  the 
contributor. 

(28)  "  Expense  fund "  shall  mean  the  fund  provided  for  in  paragraph 
numbered  i  in  subdivision  F  of  this  act. 

(29)  "  Contingent  reserve  fund "  shall  mean  the  fund  provided  for  in 
paragraph  numbered  2  in  subdivision  F  of  this  act. 

(30)  "  Pension  reserve  fund  number  one  "  shall  mean  the  fund  provided 
for  in  paragraph  numbered  3  in  subdivision  F  of  this  act. 

(31)  "Pension  reserve  fund  number  two"  shall  mean  the  fund  provided 
for  in  paragraph  numbered  4  in  subdivision  F  of  this  act. 

(32)  "Annuity  savings  fund  "  shall  mean  the  fund  provided  for  in  para- 
graph numbered  5  in  subdivision  F  of  this  act. 

(33)  "Annuity  reserve  fund "  shall  mean  the  fund  provided  for  in  para- 
graph numbered  6  in  subdivision  F  of  this  act. 

(34)  "  Fiscal  year  "  shall  mean  the  year  commencing  with  January  first 
and  ending  with  December  thirty-first  next  following. 

A    The  retirement  system  shall  be  established  on  the  first  day  of  August, 

1917- 

B  A  teachers'  retirement  association  is  hereby  organized  among  the 
teachers  of  the  public  schools;  its  membership  shall  consist  of  the  following: 

1  All  teachers  who  have  been  granted  or  shall  hereafter  be  granted  per- 
manent licenses  pursuant  to  section  1089. 

2  All  teachers,  without  a  permanent  license,  who  shall  file  a  statement  in 
writing  with  the  retirement  board  consenting  to  memlbership  in  the  retire- 
ment association  and  to  the  deductions  for  annuity  purposes  prescribed  in 
this  act. 

3  All  transferred-contributors. 

C  1  A  retirement  board  of  seven  members  is  hereby  constituted  which 
fihall  consist  of  the  following: 

(a)  The  president  of  the  board  of  education. 

(b)  The  comptroller  of  the  city  of  New  York. 


FREE  SCHOOLS  613 

(c)  Two  members  appointed  by  the  mayor  of  the  city  of  New  York,  one 
of  whom  shall  be  a  member  of  the  board  of  education ;  they  shall  serve  until 
their  successors  'are  appointed.  Should  the  board-of-education  member  of 
the  retirement  board  cease  to  be  a  member  of  the  board  of  education,  he 
shall  thereupon  cease  to  be  a  member  of  the  retirement  board. 

(d)  Three  members  of  the  retirement  association  elected  from  the  con- 
tributors as  follows :  On  the  first  Thursday  of  May,  1917,  and  in  each  year 
thereafter,  the  contributors  in  each  public  school  shall  meet  in  their  respec- 
tive schools  at  three  o'clock  in  the  afternoon,  or  if  the  administrative  con- 
ditions in  any  school  are  such  that  the  meeting  ought  to  be  held  at  some 
other  hour,  then  at  such  hour  in  said  school  as  shall  be  designated  by  the 
city  superintendent  of  schools  after  consultation  with  the  principal  of  said 
school ;  the  prinicipal  of  the  school,  and  in  his  absence  the  acting  principal, 
shall  call  the  meeting  to  order,  and  the  contributors  present  at  the  meeting 
shall  proceed  to  elect  from  their  number  by  ballot  a  chairman  and  a  secre- 
tary, and  shall  then  elect  from  their  number  by  ballot  one  delegate  for  each 
ten  contributors  and  major  fraction  thereof  in  said  school;  each  school  shall' 
have  at  least  one  delegate.  At  the  close  of  the  meeting  the  secretary  thereof 
shall  transmit  to  the  district  superintendent  in  charge  of  the  school  the  names 
of  the  delegates  so  elected.  On  the  second  Thursday  of  May,  1917,  and  in 
each  year  thereafter,  said  delegates  shall  meet  at  three  o'clock  in  the  after- 
noon in  one  of  the  schools  in  the  district  designated  by  the  district  superin- 
tendent; said  designation  shall  be  made  and  mailed  by  the  district  superin- 
tendent to  each  delegate  at  least  three  days  before  the  second  Thursday  of 
May.  For  the  purpose  of  attending  the  meeting  each  delegate  shall  leave  his 
school  not  later  than  two-thirty  o'clock  in  the  afternoon  on  said  second 
Thursday  of  May.  No  delegate  shall  suffer  loss  of  pay  by  reason  of 
attendance  at  said  meeting.  Said  delegates  shall  be  called  to  order  by  the 
principal  of  the  school,  and  in  his  absence  by  the  acting  principal  of  the 
school,  in  which  the  meeting  is  held.  Two-thirds  of  the  delegates  elected  in 
a  district  shall  constitute  a  quorum  for  that  district.  The  delegates  present 
at  the  meeting  shall  proceed  to  elect  from  their  number  by  ballot  a  chair- 
man and  a  secretary,  and  shall  then  elect  from  their  number  by  ballot  a 
representative  and  an  alternate  for  said  representative.  Immediately  after 
the  meeting,  the  secretary  thereof  shall  transmit  to  the  secretary  of  the 
board  of  education  the  name  of  the  representative  and  the  name  of  the 
alternate  so  elected.  The  representatives  shall  meet  at  three  o'clock  in  the 
afternoon  of  the  third  Thursday  of  May  in  each  year  at  the  hall  of  the 
board  of  education ;  for  the  purpose  of  attending  said  meeting,  the  repre- 
sentatives shall  leave  their  respective  schools  at  two  o'clock  in  the  afternoon 
on  said  third  Thursday  of  May.  No  representative  shall  suffer  loss  of  pay 
by  reason  of  attendance  at  said  meeting.  Said  meeting  shall  be  called  to 
order  by  the  city  superintendent  of  schools,  or,  in  his  absence,  by  the  acting 
city  superintendent  of  schools;  two-thirds  of  the  said  representatives  shall 
constitute  a  quorum ;  said  representatives  shall  elect  from  their  number  by 
ballot  a  chairman  and  a  secretary,  and  shall  then  elect  by  ballot  a  con- 
tributor to  serve  as  a  member  of  the  retirement  board  for  three  years.  At 
the  first  meeting  of  the  representatives  after  this  act  takes  effect,  said  repre- 
sentatives shall  elect  by  ballot  three  contributors  to  serve  as  members  of  the 
retirement  board;   the  three  so  elected  shall  determine  by  lot  their  terms 


6l4  THE   UNIVERSITY   OF   THE   STATE   OF    NEW   YORK 

of  office  as,  one,  two,  and  three  years,  respectively.  Should  a  vacancy  occur 
among  the  members  of  the  retirement  board  elected  by  the  representatives, 
said  representatives  shall  meet  vi^ithin.  ten  days  thereafter  at  a  special  meeting 
at  the  call  of  the  president  of  the  board  of  education,  and  they  shall  proceed 
to  elect  by  ballot  a  contributor  to  serve  on  said  retirement  board  for  the 
unexpired  term.  The  proceedings  at  this  special  meeting  shall  be  in  all 
respects  the  same  as  the  proceedings  at  the  regular  meeting  held  on  the 
third  Thursday  of  May.  Should  a  vacancy  occur  among  the  representatives, 
or  should  any  representative  be  unable  to  attend  any  meeting,  his  place  shall 
be  taken  at  said  meeting  by  his  alternate. 

(e)  For  the  purpose  of  voting  for  delegates  on  the  first  Thursday  of  May, 
1917,  all  teachers  .shall  be  considered  to  be  contributors. 

(/)  For  the  purpose  of  voting  for  delegates,  teachers  and  contributors,  not 
appointed  as  regular  teachers  to  any  public  school,  shall  be  considered  to  be 
teachers  regularly  appointed  to  teach  in  such  schools  as  the  board  of 
education  by  its  by-laws  shall  prescribe. 

2  The  members  of  the  retirement  board  shall  serve  as  such  without 
compensation  but  shall  be  reimbursed  from  the  expense  fund  for  any 
necessary  expenditures  and  no  contributor  shall  suffer  loss  of  salary  or 
wages  through  serving  on  the  retirement  board. 

3  The  "retirement  board  shall  elect  from  its  membership  a  chairman,  and 
shall  appoint  a  secretary,  an  actuary,  and  such  medical,  clerical  and  other 
employees  as  may  be  necessary. 

4  The  compensation  of  all  employees  of  the  retirement  board  shall  be 
fixed  by  said  retirement  board  subject  to  the  approval  of  the  board  of 
estimate  and  apportionment. 

5  Subject  to  the  limitations  of  this  act  and  of  law,  the  retirement  board 
shall  from  time  to  time  establish  rules  and  regulations  for  the  administration 
of  the  funds  created  by  this  act  and  for  the  transaction  of  its  business. 

6  The  retirement  board  shall  keep  in  convenient  form  such  data  as  shall 
be  necessary  for  actuarial  valuation  of  the  various  funds  created  by  this  act. 

7  In  the  years  1919  and  1922,  and  in  every  fifth  year  thereafter,  the 
actuary  of  the  retirement  board  shall  make  an  actuarial  investigation  into 
the  mortality  and  service  experience  of  the  contributors  and  beneficiaries 
as  defined  in  this  act,  and  shall  make  a  valuation  of  the  various  funds 
created  by  this  act,  and  on  the  basis  of  such  investigation  and  valuation  the 
retirement  board  shall 

(a)  Adopt  for  the  retirement  system  one  or  more  mortality  tables  and 
such  other  tables  as  shall  be  deemed  necessary; 

(b)  Certify  the  rates  of  deduction  from  salary  necessary  to  pay  the  annu- 
ities authorized  under  the  provisions  of  this  act;  and 

(c)  Certify  the  rates  of  contribution,  expressed  as  a  percentage  of  salary 
of  new  entrants  at  various  ages,  which  shall  be  made  by  the  city  of  New 
York  to  the  contingent  reserve  fund. 

8  Immediately  after  the  passage  of  this  act  the  actuary  of  the  retirement 
board  shall  make  such  investigation  of  the  mortality,  service,  and  salary 
experience  of  the  teachers  as  the  retirement  board  shall  authorize.  On  the 
basis  of  such  investigation  and  upon  the  recommendation  of  the  actuary 
the  retirement  board  shall  adopt  such  tables  and  certify  such  rates  as  are 
required  in  subsections  a,  h,  and  c  of  paragraph  7  immediately  preceding. 


FREE  SCHOOLS  6lS 

On  the  basis  of  such  tables  the  actuary  of  the  retirement  board  shall  as 
soon  as  practicable  after  the  first  day  of  August,  1917,  make  a  valuation 
of  the  various  fiinds  created  by  this  act. 

9  The  retirement  board  shall  publish  annually  a  report  certified  to  by 
each  member  showing  the  condition  of  the  various  funds  created  by  this 
act,  and  setting  forth  such  other  facts,  recommendations,  and  data,  as  may 
be  of  use  in  the  advancement  of  knowledge  concerning  teachers'  pensions 
and  annuities;  and  said  retirement  board  shall  submit  said  report  to  the 
mayor  of  the  city  of  New  York  and  shall  file  at  least  fifty  copies  thereof 
with  the  board  of  education  for  the  use  of  said  board  and  of  its  members; 
and  at  least  one  copy  in  each  school  for  the  use  of  the  teachers  thereof. 
It  shall  also  file  one  copy  in  the  office  of  the  city  superintendent  of  schools, 
and  of  each  associate  city  superintendent  of  schools,  and  of  each  district 
superintendent  of  schools. 

10  Each  member  of  the  retirement  board  shall  take  an  oath  of  office 
that  he  will,  so  far  as  it  devolves  upon  him,  diligently  and  honestly  administer 
the  affairs  of  said  retirement  board  and  that  he  will  not  knowingly  violate  or 
wilfully  permit  to  be  violated  any  of  the  provisions  of  law  applicable  to 
this  act.  Such  oath  shall  be  subscribed  by  the  member  making  it,  and 
certified  by  the  officer  before  whom  it  is  taken,  and  shall  be  immediately  filed 
in  the  office  of  the  clerk  of  the  county  of  New  York. 

11  The  concurrence  of  the  comptroller  or  of  one  member  appointed  by 
the  mayor,  of  a  member  elected  by  the  retirement  association,  and  of  at 
least  two  other  members  shall  be  necessary  for  a  decision  of  the  retirement 
board. 

12  The  retirement  board  shall  keep  a  record  of  all  its  proceedings  open  to 
public  inspection. 

13  The  retirement  board  shall  perform  such  other  functions  as  are 
required  for  the  execution  of  the  provisions  of  this  act 

D  For  the  purposes  of  this  act,  the  retirement  board  shall  possess  the 
powers  and  privileges  of  a  corporation,  and  as  such  may  sue  and  be  sued. 
The  corporation  counsel  of  the  city  of  New  York  shall  be  the  legal  adviser 
of  said  retirement  board. 
E  The  funds  created  by  this  act  shall  be  managed  as  follows : 
I  The  members  of  the  retirement  board  shall  be  the  trustees  of  the 
several  funds  created  by  this  act,  and  shall  have  exclusive  control  and 
management  of  said  funds,  and  shall  have  full  power  to  invest  the  same, 
subject,  however,  to  all  the  terms,  conditions,  limitations,  and  restrictions 
imposed  by  this  act  upon  the  making  of  investments  and  subject  also  to  the 
terms,  conditions,  limitations,  and  restrictions  imposed  by  law  upon  savings 
banks  in  the  making  and  disposing  of  investments  by  savings  banks;  and, 
subject  to  like  terms,  conditions,  limitations,  and  restrictions,  said  trustees 
shall  have  full  power  to  hold,  purchase,  sell,  assign,  transfer,  or  dispose  of 
any  of  the  securities  and  investments  in  which  any  of  the  funds  created  by 
this  act  shall  have  been  invested  as  well  as  of  the  proceeds  of  said  invest- 
ments, and  of  any  moneys  belonging  to  said  funds.  The  retirement  board 
shall  aimually  allow  regular  interest  on  each  of  the  funds  as  provided  for 
in  this  act  with  the  exception  of  the  expense  fund  and  pension  reserve  fund 
number  two.  The  amount  so  allowed  shall  be  due  and  payable  to  said 
funds  and  shall  be  annually  credited  thereto  by  the  retirement  board. 


6l6  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

2  The  comptroller  of  the  city  of  New  York  shall  be  the  custodian  of 
the  several  funds  created  by  this  act. 

3  Payments  from  the  funds  created  by  this  act  shall  be  made  by  the 
comptroller  of  the  city  of  New  York  upon  warrant  signed  by  the  chairman 
and  countersigned  by  the  secretary  of  the  retirement  board;  and  no  warrant 
shall  be  drawn  except  by  order  of  the  retirement  board  duly  entered  in  the 
record  of  its  proceedings. 

4  For  the  purpose  of  meeting  disbursements  for  pensions,  annuities  and 
other  payments  in  excess  of  the  receipts,  there  may  be  kept  an  available 
fund,  not  exceeding  ten  per  centum  of  the  total  amount  in  the  several  funds 
created  by  this  act,  on  deposit  in  any  bank  in  this  State,  organized  under 
the  laws  thereof  or  under  the  laws  of  the  United  States,  or  with  any  trust 
company  incorporated  by  any  law  of  this  State,  provided  said  bank  or 
trust  company  shall  furnish  adequate  security  for  said  funds  and  provided 
that  the  sum  so  deposited  in  any  one  bank  or  trust  company  shall  not 
exceed  twenty-five  per  centum  of  the  paid-up  capital  and  surplus  of  said 
bank  or  trust  company. 

5  Except  as  herein  provided  no  member  and  no  employee  of  the  retire- 
ment board  shall  have  any  interest,  direct  or  indirect,  in  the  gains  or  profits 
of  any  investment  made  by  the  retirement  board,  nor  as  such,  directly  or 
indirectly,  receive  any  pay  or  emolument  for  his  services.  And  no  member 
or  employee  of  said  retirement  board,  directly  or  indirectly,  for  himself  or 
as  an  agent  or  partner  of  others,  shall  borrow  any  of  its  funds  or  deposits,  or 
in  any  manner  use  the  same  except  to  make  such  current  and  necessary  pay- 
ments as  are  authorized  by  the  retirement  board ;  nor  shall  any  member  or 
employee  of  said  retirement  board  become  an  endorser  or  surety  or  become 
in  any  manner  an  obligor,  for  moneys  loaned  by  or  borrowed  of  said 
retirement  board. 

F  The  funds  hereby  created  are  the  expense  fund,  the  contingent 
reserve  fund,  pension  reserve  fund  number  one,  pension  reserve  fund 
number  two,  the  annuity  savings   fund  and  the  annuity  reserve  fund. 

1  The  expense  fund  shall  consist  of  such  amounts  as  shall  be  appropriated 
by  the  board  of  estimate  and  a<pportionment,  on  estimates  submitted  by  the 
retirement  board,  to  defray  the  expenses  of  the  administration  of  this  act, 
exclusive  of  the  payment  of  pensions,  of  annuities,  or  retirement  allowances, 
and  of  the  other  benefits  provided  for  in  this  act. 

2  Beginning  in  the  month  of  August,  1917,  the  city  of  New  York  shall 
pay  each  month  into  a  fund  to  be  known  as  the  contingent  reserve  fund, 
on  account  of  each  new-entrant  who  is  a  contributor,  such  amount  as  shall 
be  certified  by  the  retirement  board  as  necessary  to  provide  during  the  pros- 
pective active  service  of  such  new-entrant  for  the  death  benefit  and  for 
the  pension  reserve  required  at  the  time  of  retirement  to  pay  the  disability  or 
service  pension  allowable  by  the  city  under  the  provisions  of  this  act.  The 
amount  so  certified  by  the  retirement  board  shall  be  computed  to  bear  a 
constant  ratio  to  the  salary  of  such  new-entrant  during  his  entire  period 
of  prospective  active  service  and  shall  be  based  on  such  mortality  and 
other  tables  as  shall  be  adopted  by  the  retirement  board,  and  on  regular 
interest.  Beginning  in  the  year  1918  the  city  of  New  York  shall  further 
pay  each  year  into  the  said  contingent  reserve  fund  one  million  dollars  on 
account  of  present-teachers,  which  payment  shall  continue  until  the  present 


FREE  SCHOOLS  617 

value  of  such  amounts  so  paid  into  the  contingent  reserve  fund,  together 
with  the  amounts  restored  to  the  contingent  reserve  fund  from  pension 
reserve  fund  number  one  on  account  of  present-teachers  restored  to  active 
service,  shall  equal  the  present  value  of  all  amounts  which  have  been  trans- 
ferred from  the  contingent  reserve  fund  to  pension  reserve  fund  number  one 
on  account  of  present-teachers  plus  the  present  value  of  all  amounts  there- 
after to  be  transferred  from  the  contingent  reserve  fund  to  said  pension 
reserve  fund  number  one  on  account  of  present-teachers ;  said  amounts  shall 
be  computed  on  the  basis  of  such  mortality  and  other  tables  as  shall  be 
adopted  by  the  retirement  board,  and  on  regular  interest. 

3  Upon  the  retirement  of  a  new-entrant,  an  amount  equal  to  his  pension 
reserve  shall  be  transferred  from  the  contingent  reserve  fund  into  a  fund 
to  be  known  as  pension  reserve  fund  number  one ;  his  pension  shall  be  paid 
from  said  pension  reserve  fund  number  one.  Should  said  new-entrant  be 
subsequently  restored  to  active  service  his  pension  reserve  shall  thereupon  be 
transferred  from  pension  reserve  fund  number  one  to  the  contingent  reserve 
fund.  Upon  the  retirement  of  a  present-teacher,  an  amount  equal  to  the 
amount  of  his  accumulated  deductions  not  exceeding  the  amount  of  his 
pension  reserve  shall  be  transferred  from  the  contingent  reserve  fund  into 
pension  reserve  fund  number  one;  a  pension  which  shall  be  the  actuarial 
equivalent  of  the  amount  so  transferred  shall  be  paid  to  said  retired 
present-teacher  from  pension  reserve  fund  number  one.  Should  said  present- 
teacher  be  subsequently  restored  to  active  service  the  pension  reserve  on 
such  pension  shall  thereupon  be  transferred  from  pension  reserve  fund 
number  one  to  the  contingent  reserve  fund. 

4  Pension  reserve  fund  number  two  shall  consist  of  the  following: 

(fl)  The  balance  remaining  in  the  permanent  fund  of  the  retirement 
fund  of  the  board  of  education  of  the  city  of  New  York  on  the  thirty-first 
day  of  July,  1917. 

(b)  The  balance  remaining  in  the  permanent  fund  of  the  retirement 
fund  of  the  board  of  education  of  the  city  of  New  York  on  the  thirty-first 
day  of  July,  1917. 

(c)  Five  per  centum  of  all  excise  moneys  or  license  fees  belonging  to 
the  city  of  New  York,  and  derived  or  received  by  any  commissioner  of 
excise  or  public  officer  from  the  granting  of  licenses  or  permission  during  the 
year  1917  to  sell  strong  or  spirituous  liquors,  ale,  wine,  or  beer  in  the  city 
of  New  York  under  the  provisions  of  any  law  of  this  State  authorizing  the 
granting  of  such  license  or  permission. 

(d)  The  donations,  legacies,  and  gifts  which  may  be  made  to  the  retire- 
ment system. 

(e)  The  sums  now  due  and  which  hereafter  may  become  due  to  the 
retirement  fund  of  the  board  of  education  of  the  city  of  New  York. 

(/)  The  amounts  contributed  by  the  city  of  New  York  to  pay  the 
pensions  of  the  teachers  retired  on  or  before  the  thirty-first  day  of  July, 
1917,  and  to  pay  that  part  of  the  pensions  and  the  other  benefits  of  present- 
teachers  who  shall  be  retired  or  who  shall  become  eligible  for  retirement 
after  the  thirty-first  day  of  July,  1917,  which  are  not  payable  from  any  other 
fund  created  by  this  act.  Pensions  and  other  benefits,  or  such  part  thereof 
allowable  to  present-teachers  and  to  present  pensioners,  provision  for  the 


6l8  THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

payment  of  which  out  of  any  other  fund  created  by  this  act  is  not  specifically 
made,  shall  be  paid  out  of  pension  reserve  fund  number  two. 

5  The  annuity  savings  fund  shall  consist  of  the  accumulated  deductions 
from  the  salaries  of  contributors  made,  under  such  rules  and  regulations  as 
the  retirement  board  shall  prescribe,  as  follows : 

(a)  From  the  salary  of  each  present-teacher  who  is  a  contributor  there 
shall  be  deducted  such  per  centum  of  his  earnable  salary  as  he  shall  elect, 
provided,  however,  that  such  contributor  shall  be  limited  in  his  choice  to 
one  of  the  following  rates : 

(i)    Three  per  centum  of  his  earnable  salary. 

(2)  Such  per  centum  of  his  earnable  salary  as  shall  be  computed  to  be 
sufficient,  with  regular  interest,  when  paid  until  age  sixty-five,  to  provide  for 
him  on  retirement  at  that  age  an  annuity  which,  when  added  to  his  pension, 
provided  for  in  this  act,  will  provide  a  retirement  allowance  of  fifty  per 
centum  of  his  average  salary. 

(3)  A  per  centum  of  his  earnable  salary  greater  than  three  per  centum 
thereof. 

Should  any  present-teacher,  on  becoming  a  contributor,  fail  to  make  such 
an  election,  he  shall  be  deemed  to  have  elected  a  deduction  from  his  salary  at 
the  rate  of  three  per  centum  of  his  earnable  salary. 

(b)  From  the  salary  of  each  new-entrant  who  is  a  contributor,  there 
shall  be  deducted  such  per  centum  of  his  earnable  salary  as  shall  be  computed 
to  be  sufficient,  with  regular  interest,  to  procure  for  him  on  service  retire- 
ment an  annuity  equal  to  twenty-five  per  centum  of  his  average  salary;  the 
rate  per  centum  of  said  deduction  from  salary  shall  be  based  on  such 
mortality  and  other  tables  as  the  retirement  board  shall  adopt,  together  with 
regular  interest,  and  shall  be  computed  to  remain  constant  during  his  pros- 
pective teaching  service  prior  to  eligibility  for  service  retirement;  but  no 
beneficiary  restored  to  duty  shall  be  required  to  contribute  a  per  centum  of 
his  earnable  salary  greater  than  the  per  centum  thereof  which  he  was  required 
to  contribute  prior  to  his  retirement. 

(c)  And  the  head  of  each  department  shall  deduct  on  each  and  every 
payroll  of  a  contributor  for  each  and  every  payroll  period  subsequent  to 
July  thirty-first,  1917,  such  per  centum  of  the  total  amount  of  salary  earnable 
by  the  contributor  in  such  payroll  period  as  shall  be  certified  to  said  head 
of  department  by  the  retirement  board  as  proper  in  accordance  with  the 
provisions  of  this  act.  In  determining  the  amount  earnable  by  a  contributor 
in  a  payroll  period  the  retirement  board  shall  consider  the  rate  of  salary 
payable  to  such  contributor  on  the  first  day  of  each  regular  payroll  period 
as  continuing  throughout  such  payroll  period  and  it  may  omit  salary  deduc- 
tions for  any  period  less  than  a  full  payroll  period  in  cases  where  the 
teacher  was  not  a  contributor  on  the  first  day  of  the  regular  payroll  period ; 
and  to  facilitate  the  making  of  the  deductions  it  may  modify  the  deductions 
required  of  any  cc'ntributor  by  such  amount  as  shall  not  exceed  one-tenth  of 
one  per  centum  of  the  salary  upon  the  basis  of  which  the  deduction  is  to  be 
made ;  the  deductions  provided  herein  shall  be  made  notwithstanding  that 
the  minimum  salaries  provided  for  by  section  1091  shall  be  reduced  thereby; 
and  said  head  of  each  department  shall  certify  to  the  comptroller  on  each 
and  every  payroll  the  amounts  to  be  deducted ;  and  each  of  said  amounts  so 


FREE  SCHOOLS  619 

deducted  shall  h-i  paid  into  said  annuity  saving  fund,  and  shall  be  credited 
together  with  regular  interest  to  an  individual  account  of  the  contributor 
from  whose  salary  the  deduction  was  made. 

6  Upon  the  retirement  of  a  contributor,  his  accumulated  deductions  shall 
be  transferred  from  the  annuity  savings  fund  to  a  fund  to  be  known  as  the 
annuity  reserve  fund;  his  annuity  shall  be  paid  out  of  said  annuity  reserve 
fund.  Should  such  a  beneficiary  be  restored  to  active  service  his  annuity 
reserve  shall  thereupon  be  transferred  from  the  annuity  reserve  fund  to  the 
annuity  savings  fund. 

7  No  contributor  shall  be  required  to  continue  to  contribute  to  the  annuity 
savings  fund  after  he  shall  have  become  eligible  for  service  retirement;  all 
contributions  made  thereafter  to  said  fund  shall  be  voluntary. 

G  Regular  interest  charges  payable,  the  creation  and  maintenance  of 
reserves  in  the  contingent  reserve  fund  and  the  maintenance  of 
annuity  reserves  and  pension  reserves  as  provided  for  in  this  act  and  the 
payment  of  all  pensions,  annuities,  retirement  allowances,  refunds,  death 
benefits,  and  any  other  benefits  granted  under  the  provisions  of  this  act  are 
hereby  made  obligations  of  the  city  of  New  York.  All  income,  interest,  and 
dividends  derived  from  deposits  and  investments  authorized  by  this  act  shall 
be  used  for  the  payment  of  the  said  obligations  of  the  city  of  New  York. 
Upon  the  basis  of  each  actuarial  determination  and  appraisal  provided  for  in 
this  act,  the  retirement  board  shall  prepare  and  submit  to  the  board  of  estimate 
and  apportionment  on  or  before  the  fifteenth  day  of  September  in  each  year 
an  itemized  estimate  of  the  amounts  necessary  to  be  appropriated  by  the 
city  to  the  various  funds  to  complete  the  payment  of  the  said  obligations 
of  said  city  accruing  during  the  ensuing  fiscal  year.  The  board  of  estimate 
and  apportionment  and  the  board  of  aldermen  shall  make  an  appropriation 
which  shall  be  sufficient  to  provide  for  such  obligations  of  the  city  of  New 
York  and  the  amounts  so  appropriated  shall  be  included  in  the  tax  levy  and 
shall  be  paid  by  the  comptroller  into  the  various  funds  created  by  this  act. 

H  In  computing  the  length  of  service  of  a  contributor  for  retirement 
purposes  under  the  provisions  of  this  act,  full  credit  up  to  the  mearest 
number  of  years  and  months  shall  be  given  each  contributor  by  the  retire- 
ment board  (a)  for  all  city-service;  and  (h)  in  the  case  of  present-teachers 
for  all  teaching  or  supervisory  service  in  schools  and  colleges  not  maintained 
by  the  city  of  New  York;  and  (c)  in  the  case  of  new-entrants  for  all 
teaching  or  supervisory  service  not  exceeding  fifteen  years,  in  schools  and 
colleges  not  maintained  by  the  city  of  New  York.  Under  such  rules  and 
regulations  as  the  retirement  board  shall  adopt,  each  teacher  shall  file 
with  the  retirement  board  a  detailed  statement  of  all  such  service  rendered 
by  him.  As  soon  as  practicable  thereafter,  the  retirement  board  shall  verify 
such  statement  as  to  prior-service  and  shall  issue  to  each  teacher  a  certificate 
certifying  to  the  aggregate  length  of  his  prior-service.  Such  certificate  shall 
be  final  and  conclusive  as  to  his  prior-service  unless  thereafter  modified  by 
(o)  the  retirement  board  upon  application  by  the  teacher;  or  (b)  by  the 
board  of  education  upon  application  by  the  teacher  or  by  the  retirement 
board,  provided  ruch  application  for  modification  be  made  to  said  board  of 
education  within  one  year  after  the  issuance  of  a  certificate  or  a  modified 
certificate  by  the  retirement  board.  A  certificate  for  prior-service  issued  to 
a  present-teacher  shall  certify  the  total  length  of  prior-service  allowance  for 


620  THE   UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

said  present-teacher  through  the  sixteenth  day  of  September,  1917.  The 
time  during  which  a  contributor  was  absent  on  leave  of  absence  without 
pay  shall  not  be  counted  in  computing  the  prior-service  or  the  total-service 
of  a  contributor,  unless  allowed  both  by  the  head  of  the  department  in 
which  the  said  contributor  was  employed  at  the  time  said  leave  of  absence 
was  granted  and  by  the  retirement  board ;  the  time  during  which  a  contributor 
was  absent  on  leave  of  absence  on  full  pay  or  part  pay  from  city-service 
shall  be  counted  .in  computing  the  prior-service  and  the  total-service  of 
said  contributor.  For  the  purpose  of  computing  prior-service  the  retirement 
board  shall  fix  and  determine  by  appropriate  rules  and  regulations  how 
much  service  rendered  on  the  basis  of  the  hour,  day  or  session,  or  any  other 
than  a  per  annum  basis,  shall  be  the  equivalent  of  a  year  of  service.  No 
allowance  shall  be  made  for  such  service  as  a  substitute  teacher,  night 
school  teacher,  vocational  school  teacher,  or  for  any  service  rendered  in  a 
position  to  which  the  contributor  was  not  regularly  appointed  and  served 
on  a  per  annum  salary  unless  such  service  was  city-service.  But  all  service 
allowed  by  the  board  of  examiners  of  the  board  of  education  pursuant  to 
section  1091  shall  be  allowed  by  the  retirement  board. 

I  Any  contributor  who  resigns  his  position  to  accept  and  who,  within 
sixty  days  thereafter,  does  accept  another  position  in  the  city-service  shall 
continue  to  be  a  contributor  while  in  said  city-service  and  shall  be  known 
as  a  transferred-contributor  provided  he  executes  and  files  with  the  retire- 
ment board  a  statement  in  writing  that  he  elects  to  leave  with  the  annuity 
savings  fund  his  accumulated  deductions  and  to  continue  to  contribute  to  said 
fund  at  a  rate  of  salary  deduction  not  less  than  the  rate  of  deduction  thereto- 
fore required  from  his  salary,  and  further  provided  that  he  shall  waive  and 
renounce  any  present  or  prospective  benefit  from  any  other  retirement  system 
or  association  supported  wholly  or  in  part  by  the  city  of  New  York. 

J  Withdrawals  from  the  retirement  association  shall  be  by  resignation,  by 
transfer,  or  by  dismissal. 

1  Should  a  contributor  resign  from  the  position  by  virtue  of  which  he  is 
a  contributor  under  the  provisions  of  this  act,  or  should  he,  upon  transferring 
from  such  a  position  to  another  position  in  the  city-service,  fail  to  become  a 
transferred-contributor  as  provided  in  subdivision  I  of  this  act,  his  member- 
ship in  the  said  retirement  association  shall  cease  and  he  shall  be  paid 
forthwith  the  full  amount  of  the  accumulated  deductions  standing  to  the 
credit  of  his  individual  account  in  the  annuity  savings  fund. 

2  Should  a  contributor  be  dismissed  from  the  position  by  virtue  of  which 
he  is  a  contributor  under  the  provisions  of  this  act,  his  membership  in  the 
retirement  association  shall  cease  and  there  shall  be  paid  him  forthwith : 

(a)  Out  of  the  annuity  savings  fund  the  full  amount  of  the  accumulated 
deductions  standing  to  the  credit  of  his  individual  account ;  and 

(6)  In  addition  thereto,  out  of  the  pension  reserve  fund  number  two,  an 
amount  equal  to.  the  contributions  made  by  him  to  the  teachers'  retirement 
fund  of  the  board  of  education  of  the  city  of  New  York  as  it  existed  prior 
to  the  first  day  of  August,  1917. 

K    Retirement  for  service  shall  be  as  follows : 

I  Any  contributor  may  retire  for  service  upon  written  application  to  the 
retirement  board  setting  forth  at  what  time  subsequent  to  the  execution  of 


FREE  SCHOOLS  62I 

said  application  he  desires  to  be  retired.   Said  application  shall  retire-  said 
contributor  at  the  time  so  specified,  provided, 

(a)  He  has  reached  or  passed  the  age  of  sixty-five  years ;  or 

(b)  If  a  present-teacher,  he  has  a  total-service  of  thirty-five  years  or 
more;  or 

(c)  If  a  new-entrant,  he  has  a  total-service  of  thirty-five  years  or  more, 
at  least  twenty  of  which  shall  have  been  city-service. 

2  Each  and  every  contributor  who  has  attained  or  shall  attain  the  age  of 
seventy  years  shall  be  retired  by  the  retirement  board  for  service  forthwith 
or  at  the  end  of  the  school  term  in  which  said  age  of  seventy  years  is  attained. 

L    Retirement  for  disability  shall  be  made  and  discontinued  as  follows : 

1  Upon  the  application  of  the  head  of  the  department  in  which  a  con- 
tributor is  employed,  or  upon  the  application  of  said  contributor  or  of  one 
acting  in  his  behalf,  the  retirement  board  shall  retire  said  contributor  for 
disability,  provided  the  medical  board  after  a  medical  examination  of  said 
contributor  made  at  the  place  of  residence  of  said  contributor  or  at  a  place 
mutually  agreed  upon  shall  certify  to  the  retirement  board  that  said  con- 
tributor is  physically  or  mentally  incapacitated  for  the  performance  of  duty 
and  that  said  contributor  ought  to  be  retired  and  provided  further  that  said 
contributor  has  had  ten  or  more  years  of  city-service. 

2  Once  each  year,  the  retirement  board  may  require  any  disability  pen- 
sioner while  still  under  the  age  of  sixty-five  years  to  undergo  medical  exami- 
nation by  physician  or  physicians  designated  by  the  medical  board,  said  exami- 
nation to  be  made  at  the  place  of  residence  of  said  beneficiary  or  other  place 
mutually  agreed  upon.  Should  the  medical  board,  as  the  result  of  such 
examination,  report  and  certify  to  the  retirement  board  that  such  disability 
beneficiary  is  no  longer  physically  or  mentally  incapacitated  for  the  perform- 
ance of  duty,  the  head  of  the  department  in  which  said  beneficiary  was 
employed  at  the  time  of  his  retirement  shall,  upon  notification  by  the 
retirement  board  of  such  report  of  the  medical  board,  reappoint  said  bene- 
ficiary to  such  a  position  as  was  held  by,  and  at  such  a  rate  of  salary  as  was 
paid  to,  said  beneficiary  at  the  time  of  his  retirement ;  but  after  the  expiration 
of  ten  years  subsequent  to  the  retirement  of  such  beneficiary,  his  restoration 
to  duty,  notwithstanding  the  recommendation  of  the  medical  board,  shall  be 
optional  with  said  head  of  the  department. 

3  Should  any  disability  beneficiary  while  under  the  age  of  sixty-five 
years  refuse  to  submit  to  at  least  one  medical  examination  in  any  year  by  a 
physician  or  physicians  desi^ated  by  the  medical  board,  his  pension  shall 
be  discontinued  until  the  withdrawal  of  such  refusal  and  should  such 
refusal  continue  for  one  year,  all  his  rights  in  and  to  the  pension  constituted 
by  this  act  shall  be  forfeited. 

4  Upon  application  of  any  beneficiary  under  the  age  of  sixty-five  years 
drawing  a  pension  or  a  retirement  allowance  under  the  provisions  of  this 
act,  approved  by  the  retirement  board,  said  beneficiary  may  be  restored 
to  active  service  by  the  head  of  the  department  in  which  said  beneficiary  was 
employed  at  the  time  of  his  retirement.  Upon  the  restoration  of  a  bene- 
ficiary to  active  service  his  retirement  allowance  shall  cease. 

M  A  contributor,  on  retirement,  shall  receive  a  retirement  allowance 
which  shall  consist  of: 


6SS9  THE  UNIVERSITY   OF  THE   STATE   OF   NEW  YORK 

I     A  pension  calculated  as  follows : 

(o)     For  disability  retirement  twenty  per  centum  of  his  average  salary. 

(b)  For  service  retirement,  or  for  disability  retirement  after  he  becomes 
eligible  for  service  retirement,  twenty-five  per  centum  of  his  average  salary. 

(c)  If  the  contributor  retiring  is  a  present-teacher,  he  shall  receive,  in 
addition  to  the  pension  prescribed  in  subdivisions  (a)  or  (b)  a  pension 
computed  at  the  rate  of  one-thirty-fifth  of  twenty-five  per  centum  of  his 
average  salary  for  each  year  of  prior-service  as  certified  to  said  present- 
teacher  in  the  certificate  issued  to  him  by  the  retirement  board  under  the 
provisions  of  subdivision  H  of  this  act,  but  in  no  event  shall  the  total 
pension  exceed  fifty  per  centum  of  his  average  salary. 

2  An  annuity,  in  addition  to  the  pension,  which  shall  be  the  actuarial 
equivalent  of  his  accumulated  deductions  at  the  time  of  his  retirement,  pro- 
vided that  in  no  case  shall  such  annuity  be  less  for  each  one  hundred  dollars 
of  accumulated  deductions  of  a  present-teacher  at  the  time  of  retirement 
than  is  shown  in  the  following  schedule : 

Annuity  in  Annuity  in 

Age  at  case  of  case  of 

retirement  men  teachers       women  teachers 

48 $7.20  $6.52 

49 7.34  6.64 

50 7-49  6.77 

51 765  6.90 

52 782  704 

53 8.00  7.19 

54 8.19  7-35 

55 8.39  7.52 

56 8.61  7.70 

57 8.84  7.89 

58 9.09  8.10 

59 9-35  8.31 

60 963  8.54 

61 9-93  8.79 

62 10.25  9.05 

63 10.60  9.33 

64 10.96  9.63 

65 11-36  9-95 

66 11.78  10.30 

67 12.24  10.67 

68 12.72  11.06 

69 13.25  11-48 

70 13-81  11.94 

N  Upon  the  death  of  a  contributor  before  retirement  there  shall  be 
paid  to  his  estate  or  to  such  person  as  he  shall  have  nominated  by  written 
designation  duly  executed  and  filed  with  the  retirement  board  (o)  his 
accumulated  deductions;  and  in  addition  thereto  (b)  an  amount  equal  to 
the  salary  earnable  by  him  during  the  six  months  immediately  preceding 
his  death,  provided  that  at  the  time  of  his  death  he  had  attained  the  age  of 
sixty-five  years  or  had  a  total-service  of  thirty-five  years  and  was  eligible 
for  service  retirement ;  said  amount  to  be  paid  out  of  the  contingent  reserve 


FREE  SCHOOLS  623 

fund  in  the  case  of  a  new-entrant,  and  out  of  pension  reserve  fund  number 
two  in  the  case  of  a  present-teacher. 

O  At  the  time  of  his  retirement  any  contribijtor  may  elect  to  receive 
his  benefits  in  a  retirement  allowance  payable  throughout  life  or  he  may 
on  retirement  elect  to  receive  the  actuarial  equivalent  at  that  time  of  his 
annuity,  his  pension,  or  his  retirement  allowance  in  a  lesser  annuity,  or  a 
lesser  pension,  or  a  lesser  retirement  allowance,  payable  throughout  life,  with 
the  provision  that: 

Option  I.  If  he  die  before  he  has  received  in  payments  the  present  value  of 
his  annuity,  his  pension,  or  his  retirement  allowance,  as  it  was  at  the  time 
of  his  retirement,  the  balance  shall  be  paid  to  his  legal  representatives  or  to 
such  person,  having  an  insurable  interest  in  his  life,  as  he  shall  nominate  by 
written  designation  duly  acknowledged  and  filed  with  the  retirement  board 
at  the  time  of  his  retirement. 

Option  II.  Upon  his  death,  his  annuity,  his  pension,  or  his  retirement 
allowance,  shall  be  continued  throughout  the  life  of  and  paid  to  such  person, 
having  an  insurable  interest  in  his  life,  as  he  shall  nominate  by  written 
designation  duly  acknowledged  and  filed  with  the  retirement  board  at  the 
time  of  his  retirement. 

Option  III.  Upon  his  death,  one-half  of  his  annuity,  his  pension,  or  his 
retirement  allowance,  shall  be  continued  throughout  the  life  of  and  paid  to 
.such  person,  having  an  insurable  interest  in  his  life,  as  he  shall  nominate 
by  written  designation  duly  acknowledged  and  filed  with  the  retirement  board 
at  the  time  of  his  retirement. 

Option  IV.  Some  other  benefit  or  benefits  shall  be  paid  either  to  the 
contributor  or  to  such  other  person  or  persons  as  he  shall  nominate,  provided 
such  other  benefit  or  benefits  together  with  such  lesser  annuity,  or  lesser 
pension,  or  lesser  retirement  allowance  shall  be  certified  by  the  actuary  of 
the  retirement  board  to  be  of  equivalent  actuarial  value  and  shall  be  approved 
by  the  retirement  board. 

P  The  pensions  of  all  persons  who  are  now  receiving  a  pension  paid 
out  of  the  teachers'  retirement  fund  of  the  board  of  education  of  the  city 
of  New  York  shall  not  be  increased  or  decreased,  and  all  such  pensions 
now  due  shall  be  paid  forthwith  and  those  hereafter  becoming  due  shall  be 
paid  as  they  become  due  out  of  pension  reserve  fund  number  two. 

Q  A  pension,  an  annuity  or  a  retirement  allowance,  granted  under  the 
provisions  of  this  act,  shall  be  paid  in  equal  monthly  instalments,  and  shall 
not  be  decreased,  increased,  revoked  or  repealed  except  as  otherwise  provided 
in  subdivision  L  of  this  act. 

R  Subject  to  such  terms  and  conditions  and  to  such  rules  and  regulations 
as  the  retirement  board  may  adopt,  any  contributor  from  time  to  time  may: 

(a)  Increase  or  decrease  his  rate  of  contribution  to  the  annuity  savings 
fund,  but  in  no  event  shall  the  contribution  of  a  present-teacher  be  less  than 
the  minimum  contribution,  nor  shall  the  contribution  of  a  new-entrant  be  at  a 
rate  less  than  the  per  centum  rate  provided  for  said  new-entrant  in  sub- 
division F-5-6  of  this  act; 

(b)  If  a  present- teacher,  withdraw  from  his  individual  account  in  the 
annuity  savings  fund  the  amount  in  excess  of  his  minimum  accumulation; 

(c)  Withdraw,  after  having  become  eligible  for  service  retirement,  such 
part  of  his  accumulated  deductions  as   shall  be  in  excess  of  the  amount 


624  THE  UNIVERSITY   OF  THE   STATE   OF   NEW  YORK 

necessary  to  procure  for  him  an  annuity  which,  if  added  to  his  prospective 
pension,  will  yield  a  retirement  allowance  of  fifty  per  centum  of  his  average 
salary ; 

(d)  Borrow  from  the  retirement  board,  if  a  present-teacher  and  if  the 
application  is  made  prior  to  July  first,  nineteen  hundred  and  twenty,  on  a 
policy  of  life  insurance,  a  sum  of  money  not  exceeding  the  loan  value  of 
said  policy  as  set  forth  in  the  body  thereof,  and  at  a  rate  of  interest  not 
exceeding  five  per  centum  per  annum,  provided  that : 

1  The  applicant  has  a  policy  of  life  insurance  in  which  he  is  designated 
as  the  assured  and  said  policy  is  issued  by  a  life  insurance  company  per- 
mitted to  transact  business  in  the  State  of  New  York,  and  said  policy  is  free 
from  any  liens  or  claims  and  is  in  full  force  and  effect  at  the  time  of  the 
making  of  the  loan. 

2  The  applicant  on  securing  the  loan  shall  deposit  said  life  insurance 
policy  with  the  retirement  board  accompanied  with  an  assignment  of  said 
policy  to  the  retirement  board ;  said  assignment  shall  be  executed  by  the 
applicant  and  by  all  adult  beneficiaries  named  in  said  policy.  Should  any  of 
the  beneficiaries  named  in  said  policy  be  infants,  said  retirement  board  shall 
not  grant  the  loan  until  after  it  has  made  a  careful  investigation  into  the 
merits  thereof  and  an  order  has  been  made  and  entered  by  the  supreme  court 
directing"  such  loan  after  due  notice  to  such  insurance  company.  If,  there- 
after, the  retirement  board  shall  grant  the  loan,  its  action  shall  be  binding  on 
said  infant  beneficiaries  with  the  same  force  and  effect  as  if  they  were  adult 
beneficiaries  and  had  executed  the  assignment  required  herein. 

3  After  said  policy  has  been  assigned  to  and  deposited  with  the  retire- 
ment board  for  the  purposes  herein  stated,  said  policy  shall  not  be  assigned, 
transferred,  or  disposed  of,  or  changed  in  any  of  its  terms  without  the 
written  consent  of  the  retirement  board. 

4  The  retirement  board  shall  notify  the  life  insurance  company  carrying 
said  policy  of  the  assignment  thereof  and  said  assignment  shall  be  binding 
on  said  company. 

(e)  If  a  present-teacher,  retire  upon  written  application  to  the  retire- 
ment board  after  he  has  completed  thirty  years  of  service  upon  a  retirement 
allowance  consisting  of 

(i)  An  annuity  which  shall  be  the  actuarial  equivalent  of  his  accumulated 
deductions ;  and,  in  addition  thereto, 

(2)  Such  pension  as  shall  be  certified  by  the  actuary  of  the  retirement 
board  to  have  an  actuarial  value  equivalent  to  the  reserve  which  would  be 
in  the  contingent  reserve  fund  had  the  city  contributed  on  account  of  such 
present-teacher  from  the  date  of  his  entrance  into  service,  in  such  manner 
as  is  provided  for  the  city's  contributions  on  behalf  of  new-entrants  in 
subdivision  F,  paragraph  two,  of  this  act,  the  amount  determined  by  the 
actuary  of  the  reiirement  board  to  be  necessary  to  provide  for  the  death 
benefit  and  for  the  pension  reserve  required  at  the  time  of  retirement  to  pay 
the  pension  allowable  by  the  city  as  provided  in  this  act.  In  determining 
the  amount  of  the  reserve  the  actuary  of  the  retirement  board  shall  base  his 
calculations  on  the  tables  then  in  use  as  the  basis  for  determining  the  rates 
of  contribution  required  of  the  city  on  account  of  new-entrants. 

5  Teachers  hereafter  appointed  in  the  schools  or  classes  maintained  in 
the  institutions  controlled  by  the  department  of  public  charities  or  by  the 


FREE  SCHOOLS  625 

department  of  correction,  shall  be  appointed  by  the  commissioner  of  the 
appropriate  department  upon  the  nomination  of  the  city  superintendent  of 
schools  and  shall  be  licensed  by  the  board  of  examiners  of  the  department 
of  education.  The  department  of  education  through  such  representatives  as 
it  may  designate  shall  maintain  an  effective  visitation  and  inspection  of 
all  such  schools  and  classes. 

T  There  shall  be  a  medical  board  of  three  physicians  constituted  as 
follows : 

(a)  One  physician  appointed  to  serve  to  August  i,  1922,  who  shall  be 
appointed  by  the  members  of  the  retirement  board  who  are  contributors. 

(b)  One  physician  appointed  to  serve  to  August  i,  1921,  who  shall  be 
appointed  by  the  members  of  the  retirement  board  who  are  not  contributors. 

(c)  One  physician  appointed  to  serve  to  August  i,  1920,  who  shall  be 
appointed  by  the  retirement  board.  Said  physician  shall  be  an  expert  in 
women's  diseases  and  in   diseases  of  the  nervous  system. 

Their  successors  shall  be  appointed  to  serve  for  a  term  of  three  years; 
vacancies  shall  be  filled  for  the  unexpired  term.  All  appointments  for  a  full 
term  or  for  an  unexpired  term  shall  be  made  in  the  manner  provided  in  this 
section  for  the  original  appointment. 

U  The  retire.nent  system  created  by  this  act  shall  be  subject  to  the 
supervision  of  the  department  of  insurance  in  accordance  with  the  provisions 
of  sections  39  and  45  of  the  insurance  law,  so  far  as  the  same  are  applicable 
thereto  and  are  not  inconsistent  with  the  provisions  of  this  act. 

V  If,  after  August  i,  1917,  any  present-teacher  shall  recover  a  judgment 
for  arrears  of  salary  covering  in  whole  or  in  part  any  period  prior  to  said 
date,  the  comptroller  of  the  city  of  New  York  before  paying  said  judgment, 
shall  deduct  therefrom  the  per  centum  of  salary  theretofore  contributed  by 
said  teacher  to  the  retirement  fund  of  the  board  of  education,  as  it  existed 
prior  to  said  date,  and  said  deduction  shall  be  paid  into  pension  reserve 
fund  number  two. 

W  The  right  of  a  person  to  a  pension,  an  annuity,  or  a  retirement  allow- 
ance, to  the  return  of  contributions,  the  pension,  annuity,  or  retirement  allow- 
ance itself,  any  optional  benefit,  any  other  right  accrued  or  accruing  to 
any  person  under  the  provisions  of  this  act,  and  'the  moneys  in  the  various 
funds  created  under  this  act,  are  hereby  exempt  from  any  state  or  municipal 
tax,  and  exempt  from  levy  and  sale,  garnishment,  attachment,  or  any  other 
process  whatsoever,  and  shall  be  unassignable  except  as  in  this  act  specifically 
otherwise  provided, 

§  2  Section  1092-a,  as  amended  by  chapter  107  of  the  Laws  of  1905,  section 
1092-b,  as  amended  by  chapter  505  of  the  Laws  of  1909,  and  section  1092-c, 
as  amended  by  chapter  613  of  the  Laws  of  1916,  are  hereby  repealed. 

§  3  This  act  shall  take  effect  on  August  i,  1917,  except  as  to  subdivisions 
B,  C,  D,  E,  paragraph  5 ;  subdivision  F,  paragraph  one,  and  the  provision  of 
subdivision  F,  paragraph  5,  part  (a),  which  provides  for  the  election  of  a 
rate  of  salary  deduction  by  any  person  entitled  to  make  such  election  and 
the  further  provision  of  the  same  part  which  provides  that  if  any  person 
entitled  to  make  such  election  fails  so  to  do  he  shall  be  deemed  to  have 
elected  a  deduction  from  his  salary  at  the  rate  of  three  per  centum  of  his 

40 


626  THE   UNIVERSITY    OF   THE    STATE    OF    NEW   YORK 

earnable  salary;  subdivisions  H,  T,  and  U,  and  as  to  provisions  of  such 
subdivisions,  paragraphs  and  parts  of  paragraphs  this  act  shall  take  effect 
immediately. 

Chapter  560 

AN   ACT  to   amend   the   Education   Law,   relative   to   the   employment   of 

directors  of  agriculture,  mechanic  arts  and  homemaking  in  cities,  towns  and 

school  districts. 

Became  a  law    May    18,    1917,   with   the  approval    of   the   Governor.     Passed,    three-fifths 

being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

Section  i.  Sections  601  and  604  of  chapter  21  of  the  Laws  of  1909,  entitled 
"An  act  relating  to  education,  constituting  chapter  16  of  the  Consolidated 
Laws,"  as  amended  by  chapter  140  of  the  Laws  of  1910  and  chapter  747 
of  the  Laws  of  1913,  are  hereby  amended  to  read  as  follows : 

§  601  Establishment  of  such  schools;  directors  of  agriculture, 
mechanic  arts  and  homemaking.  The  board  of  education  of  any  union 
free  school  district  shall  also  establish,  acquire  and  maintain  such  schools  for 
like  purposes  whenever  such  schools  shall  be  authorized  by  a  district  meeting. 
The  trustees  or  board  of  trustees  of  a  common  school  district  may  establish  a 
school  or  a  course  in  agriculture,  mechanic  arts  and  homemaking,  when 
authorized  by  a  district  meeting.  The  board  of  education  of  a  city,  town 
or  union  free  school  district,  not  maintaining  a  school  of  agriculture,  mechanic 
arts  and  homemaking,  may  employ  a  director  of  agriculture.  The  boards  of 
education  or  trustees  of  two  or  more  districts  or  towns  may  by  joint  contract 
employ  such  a  director  and  determine  in  such  contract  as  to  the  portion  of 
the  compensation  which  is  to  be  paid  by  each  district.  The  qualifications  of  a 
person  employed  as  such  director  shall  be  prescribed  by  the  Commissioner 
of  Education,  as  provided  by  law  in  respect  to  teachers  employed  in  public 
schools  of  the  State. 

§  604  State  aid  for  general  industrial  schools,  trade  schools,  and 
schools  of  agriculture,  mechanic  arts  and  homemaking.  i  The  Commis- 
sioner of  Education  in  the  annual  apportionment  of  the  state  school  moneys 
shall  apportion  therefrom  to  each  city  and  union  free  school  district  for  each 
general  industrial  school,  trade  school,  parttime  or  continuation  school  or 
evening  vocational  school,  maintained  therein  for  thirty-six  weeks  during  the 
school  year  and  employing  one  teacher  whose  work  is  devoted  exclusively 
to  such  school,  and  having  an  enrolment  of  at  least  fifteen  pupils  and  main- 
taining an  organization  and  a  course  of  study,  and  conducted  in  a  manner 
approved  by  him,  a  sum  equal  to  two-thirds  of  the  salary  paid  to  such 
teacher,  but  not  exceeding  one  thousand  dollars. 

2  He  shall  also  apportion  in  like  manner  to  each  city,  union  free  school 
district  or  common  school  district  for  each  school  of  agriculture,  mechanic 
arts  and  homemaking,  maintained  therein  for  thirty-six  weeks  during  the 
school  year,  and  employing  one  teacher  whose  work  is  devoted  exclusively 
to  such  school,  and  having  an  enrolment  of  at  least  fifteen  pupils  and  main- 
taining an  organization  and  course  of  study  and  conducted  in  a  manner 
approved  by  him,  a  sum  equal  to  two-thirds  of  the  salary  paid  to  such 


FREE  SCHOOLS  627 

teacher.  Such  teacher  may  be  employed  for  the  entire  year,  and  during  the 
time  that  the  said  school  is  not  open  shall  be  engaged  in  performing  such 
educational  services  as  may  be  required  by  the  board  of  education  or  trus- 
tees, under  regulations  adopted  by  the  commissioner  of  education.  Where 
a  contract  is  made  with  a  teacher  for  the  entire  year  and  such  teacher  is 
employed  for  such  period,  as  herein  provided,  the  commissioner  of  education 
shall  make  an  additional  apportionment  to  such  city  or  district  of  the 
sum  of  two  hundred  dollars.  But  the  total  apportioned  in  each  year  on 
account  of  such  teacher  shall  not  exceed  one  thousand  dollars. 

3  The  Commissioner  of  Education  shall  also  make  an  additional  appor- 
tionment to  each  city  and  union  free  school  district  for  each  additional 
teacher  employed  exclusively  in  the  schools  mentioned  in  the  preceding  sub- 
divisions of  this  section  for  thirty-six  weeks  during  the  school  year,  a  sum 
equal  to  one-third  of  the  salary  paid  to  each  such  additional  teacher,  but  not 
exceeding  one  thousand  dollars  for  each  teacher. 

4  The  Commissioner  of  Education  shall  also  apportion  in  like  manner  to 
each  city,  town  and  school  district  employing,  or  joining  in  the  employment 
of,  a  director  of  agriculture,  as  authorized  by  section  six  hundred  and  one 
of  this  chapter,  and  establishing,  maintaining  and  conducting  an  organization 
and  course  of  instruction  in  such  subject,  approved  by  the  Commissioner  of 
Education,  a  sum  equal  to  one-half  of  the  salary  paid  to  such  director  by 
such  city,  town  or  district,  or  by  two  or  more  of  such  towns  or  districts, 
not  exceeding  in  each  year  the  sum  of  six  hundred  dollars  for  each  director 
employed.  Where  the  apportionment  is  made  on  account  of  a  director 
employed  by  two  or  more  towns  or  districts,  it  shall  be  apportioned  to  such 
towns  or  districts  in  accordance  with  the  proportionate  amount  paid  by  each 
of  such  towns  or  districts  under  the  contract  made  with  such  director. 

5  The  Commissioner  of  Education,  in  his  discretion,  may  apportion  to  a 
district  or  city  maintaining  such  schools  or  employing  such  teachers  for  a 
shorter  time  than  thirty-six  weeks,  or  for  a  less  time  than  a  regular  school 
day,  an  amount  pro  rata  to  the  time  such  schools  are  maintained  or  such 
teachers  are  employed.  This  section  shall  not  be  construed  to  entitle  man- 
ual training  high  schools  or  other  secondary  schools  maintaining  manual 
training  departments,  to  an  apportionment  of  funds  herein  provided  for. 

Any  person  employed  as  teacher  as  provided  herein  may  serve  as  principal 
of  the  school  in  which  the  said  industrial  or  trade  school  or  course,  or  school 
or  course  of  agriculture,  mechanic  arts  and  homemaking,  is  maintained, 

§  2    This  act  shall  take  effect  immediately. 

Chapter  553 

AN  ACT  to  amend  the  Education  Law  by  providing  for  the  education  of 

children  with   retarded   mental   development. 

Became   a  law   May   18,    191 7,   with   the   approval   of  the  Governor.     Passed,   three-fifths 

being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows: 

Section  i  Chapter  21  of  the  Laws  of  1909,  entitled  "An  act  relating  to 
education,  constituting  chapter  16  of  the  Consolidated  Laws,"  as  amended 
by  chapter  140  of  the  Laws  of  1910,  is  hereby  further  amended  by  inserting 
therein  a  new  article  to  be  known  as  article  20-b,  and  to  read  as  follows : 


628  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

ARTICLE  20-B 

CHILDREN  WITH  RETARDED   MENTAL  DEVELOPMENT 

§  578  Children  with  retarded  mental  development,  i  The  board  of 
education  of  each  city  and  of  each  union  free  school  district,  and  the  board 
of  trustees  of  each  school  district  shall,  within  one  year  from  the  time  this 
act  becomes  effective,  ascertain,  under  regulations  prescribed  by  the  Com- 
missioner of  Education  and  approved  by  the  Regents  of  the  University,  the 
number  of  children  in  attendance  upon  the  public  schools  under  its  super- 
vision who  are  three  years  or  more  retarded  in  mental  development. 

2  The  board  of  education  of  each  city  and  of  each  union  free  school 
district  in  which  there  are  ten  or  more  children  three  years  or  more  retarded 
in  mental  development  shall  establish  such  special  classes  of  not  more  than 
fifteen  as  may  be  necessary  to  provide  instruction  adapted  to  the  mental 
attainments  of  such  children. 

3  The  board  of  education  of  each  city  and  of  each  union  free  school  dis- 
trict, and  the  board  of  trustees  of  each  school  district  which  contains  less 
than  ten  such  children  may  contract  with  the  board  of  education  of  another 
city  or  school  district  for  the  education  of  such  children  in  special  classes 
organized  in  the  schools  of  the  city  or  district  with  which  such  contract  is 
made. 

§  2    This  act  shall  take  effect  immediately. 

Chapter  559 

AN  ACT  to  amend  the  Education  Law  by  providing  for  the  education  of 
physically  defective  children. 

Became   a   law    May    18,    1917,   with    the   approval    of    the    Governor.     Passed,    three-fifths 

being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  folloxm: 

•Section  l  Chapter  21  of  the  Laws  of  1909,  entitled  "An  act  relating  to 
education,  constituting  chapter  16  of  the  Consolidated  Laws,"  as  amended 
by  chapter  140  of  the  Laws  of  1910,  is  hereby  further  amended  by  inserting 
therein  a  new  article  to  be  known  as  article  39-a,  and  to  read  as  follows : 

ARTICLE  39-A 

PHYSICALLY  DEFECTIVE  CHILDREN 

§  1020  Physically  defective  children,  i  The  board  of  education  of 
each  city  and  of  each  union  free  school  district,  and  the  board  of  trustees 
of  each  school  district  shall,  within  one  year  from  the  time  this  act  becomes 
effective,  ascertain,  under  regulations  prescribed  by  the  Commissioner  of 
Education  and  approved  by  the  Regents  of  the  University,  the  number  of 
children  in  such  city  or  district  under  the  age  of  eighteen  years  who  are 
deaf,  bhnd,  so  crippled  or  otherwise  so  physically  defective  as  to  be  unable 
to  attend  upon  instruction  in  regular  classes  maintained  in  public  schools. 

2  The  board  of  education  of  each  city  and  of  each  union  free  school  dis- 
trict in  which  there  are  ten  or  more  children  who  are  deaf,  blind,  crippled  or 
otherwise  physically  defective  shall  establish  such  special  classes  as  may  be 


FREE  SCHOOLS  629 

necessary  to  provide  instruction  adapted  to  the  mental  attainments  and  physi- 
cal conditions  of  such  children. 

3  The  board  of  education  of  each  city  and  of  each  union  free  school  dis- 
trict, and  the  board  of  trustees  of  each  school  district,  which  contains  less 
than  ten  children  who  are  deaf,  blind,  crippled  or  otherwise  physically  defec- 
tive, is  hereby  authorized  and  empowered  to  contract  with  the  board  of  edu- 
cation of  another  city  or  school  district  for  the  education  of  such  children  in 
special  classes  organized  in  the  schools  of  the  city  or  district  with  which  such 
contract  is  made. 

§  2    This  act  shall  take  effect  immediately. 


630  THE   UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 


Chapter  14 

THE  EVENING  SCHOOLS  OF  COLONIAL 

NEW  YORK  CITY. 

(after  1664) 

ROBERT   FRANCIS   SEYBOLT   PH.  D. 

University  of  Wisconsin 

The  principle  of  free  schools  is  broad  in  its  scope.  It  not  only 
intends  that  educational  opportunities  should  be  afforded  to  the 
young  in  day  schools  but  also  that  the  many  who,  because  of  economic 
conditions,  must  leave  school  as  soon  as  law  permits,  should  likewise 
be  afforded  the  opportunity  of  free  schooling.  It  was  appreciated 
a  long  time  ago  that  many  of  these  could  not  be  reached  in  any  other 
form  of  school  except  through  evening  schools.  The  history  of  the 
free  school  movement  in  this  State  would  hardly  be  complete  with- 
out a  history  of  the  evening  schools  inaugurated  in  the  city  of  New 
York. 

The  evening  schools  of  New  York  City  have  a  history  well  worth 
recording.  Established  in  the  seventeenth  century,  and  continuing 
uninterruptedly  to  the  present  day,  they  have  played  a  prominent 
part  in  the  solution  of  the  problem  of  providing  education  for  all 
classes.  The  essential  characteristics  of  evening  school  practice  at 
the  present  time  find  their  origins  in  the  colonial  period. 

There  were  several  types  of  evening  schools  in  colonial  New 
York  City.  The  available  records  indicate  that  the  earliest,  those 
of  the  late  seventeenth  and  early  eighteenth  centuries,  offered 
instruction  only  in  the  rudiments  —  reading,  writing  and  cyphering. 
It  is  probable  that  these  were  attended  exclusively  by  apprentices. 
In  some  few  instances,  adults  may  have  received  such  evening 
instruction,  but  on  this  matter  the  records  are  silent. 

One  of  the  earliest  references  to  the  practice  of  sending  appren- 
tices to  school,  in  New  York  City,  occurs  in  a  Harlem  indenture 
dated  November  25,  1690,  in  which  the  master  promised  that  his 
apprentice  "  shall  have  the  privilege  of  going  to  the  evening  school."^ 
According  to  a  New  York  City  indenture  of  October  i,  1698,  the 
apprentice    was    to    be    given    "  his    winter's    schooling."*      From 

^Harlem  Records,  II,  529.  (Manuscript  folio  volume,  owned  by  Title 
Guarantee  and  Trust  Company  pf  New  York  City.) 

2  Citty  of  N.  Yorke  Indentures,  begun  February  19,  1694  and  ends  Jan. 
ye  29th  1707,  47.  (Manuscript  folio  volume,  preserved  at  the  city  hall  of 
New  York  City.)     See  also  Harlem  Records,  II,  543;  Citty  of  N.  Yorke 


FREE  SCHOOLS  63I 

indentures  of  a  later  date  we  learn  that  the  evening  school  was  kept 
in  the  winter.  An  indenture  of  November  18,  1701  contains  the 
provision:  "in  the  Evenings  to  go  to  School  each  Winter  to  the 
End  he  may  be  taught  to  write  and  read."'  In  some  instances  the 
master  promised  to  give  his  apprentice  "  One  Quarter  of  a  year's 
Schooling,"*  in  others  "  Every  winter  three  Months  Evening  School- 
ing."' An  indenture  dated  January  20,  1720  combines  the  two 
preceding  provisions  into  "  a  Quarter  or  three  Months  Schooling  in 
every  Winter."^  And  the  particular  three  months,  or  quarter,  dur- 
ing which  the  evening  school  was  held  is  indicated  in  an  indenture 
of  February  24,  1719,  in  which  the  master  agreed  to  "  put  him  to 
school  three  Months  in  Every  Year  during  the  said  apprenticeship 
Immediately  after  Christmas  in  Every  Year  to  the  Evening  School 
to  learn  to  Read  and  Write."^  Frequently  the  indentures  refer  to 
these  three  months  as  "  the  usual  times  in  the  Winter  Evenings," 
or  the  "  Customary  "  period.*  That  the  evening  school  was  held 
only  at  this  time  is  indicated  by  these  references,  and  by  an  indenture 
of  June  9,  1726,  in  which  the  apprentice  is  "  to  go  to  School  during 
the  time  that  is  customary  here  to  keep  Night  School."" 

The  records  also  reveal  the  fact  that  there  was  more  than  one 
evening  school  in  New  York  City.  An  indenture  of  October  17, 
1705  contains  the  master's  covenant  "  to  lett  him  [the  apprentice] 
have  in  Every  Winter  three  Months  Learning  att  any  Evening  School 
within  this  City,  and  to  pay  for  the  same."^"     Another  master,  in 

Indentures,  90,  81,  155;  Liber  29,  19,  7,  31,  60,  67,  73,  117,  230,  for  indentures 
of  1698-1724.  (Manuscript  folio  volume,  labeled  "  Liber  29,"  containing 
"  Indentures  Oct.  2,  1718  to  Aug.  7,  1727.    Library  of  N.  Y.  Hist.  Soc.) 

*  Citty  of  N.  Yorke  Indentures,  81. 

*  Ibid,  60.     Indenture  of  Jan.  20,  1700. 

See  also  indentures  of  1718-1726  in  Liber  29,  I,  39,  14,  54,  no,  123,  129, 
152,  156,  181,  196,  199,  220,  227,  241,  244,  261,  264,  266,  268,  270,  275,  284, 
286,  303,  312,  314,  324,  325,  327,  354,  358. 

*  Citty  of  N.  Yorke  Indentures,  62,  107,  128,  143,  158. 

See  also  indentures  of  1701-1726  in  Liber  29,  3,  13,  44,  45,  55,  59,  70,  86,  90, 
102.  112,  no,  151,  158,  168,  172,  216,  232,  239,  242,  320,  349. 

•Liber  29,  94. 

^Ibid,  55.  See  also  Ibid,  123,  indenture  of  July  30,  1705:  "to  allow  him 
Evening  Schooling  Every  Winter  from  Qiristmas  as  is  Customary " ;  139, 
indenture  of  Jan.  18,  1722 :  "  Schooling  in  Winter  Evenings  from  Christmas  "  ; 
289,  indenture  of  June  I,  1725:  "Every  Quarter  after  Christmas";  346, 
indenture  of  May  i,  1726;  "  Eavening  scholling  from  Christemis  Eavery  year 
of  the  said  term." 

'Ibid,  34,  36,  102,  212,  216,  225.    Indentures  of  1717-1724. 

•Ibid,  318. 

*"  Citty  of  N.  Yorke  Indentures,  128. 


632  THE    UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 

1720,  agreed  to  send  his  apprentice  "One  Quarter  of  a  Year  in 
Each  Year  of  the  said  Term  to  a  good  Evening  School.""  A  1690 
indenture  mentioned  above  reveals  the  existence  of  an  evening  school 
in  Harlem,  which  was  within  the  jurisdiction  of  New  York  City. 

It  may  be  fairly  assumed  that  many  New  York  apprentices  went 
to  evening  schools.  As  a  rule  apprentices  could  not  be  spared  dur- 
ing the  day;  they  were  more  or  less  constantly  employed  by  their 
masters.  Thrifty  schoolmasters  keen  to  take  advantage  of  this 
situation  opened  evening  schools.  The  writer  found  one  hundred 
eight  indentures  which  contained  provisions  for  sending  apprentices 
to  evening  schools.  Of  this  number,  not  one  indicates  that  girls 
attended  these  schools.  It  is  safe  to  say  that  they  did  not.  Some 
few  girl-apprentices  did  attend  day  schools,  however.  An  indenture 
of  June  II,  1724  contains  the  following  provision  for  a  girl: 
"  Schooling  to  Learn  to  read."^^  A  certain  number  of  apprentices, 
boys  and  girls,  attending  schools  conducted  by  the  Society  for  the 
Propagation  of  the  Gospel  in  Foreign  Parts,  and  it  is  probable  that 
the  education  of  many  poor-apprentices  was  taken  care  of  by  this 
society. 

The  province  of  New  York  made  no  provision  for  establishing 
free  evening  schools.  These  schools  were  privately  conducted,  and 
tuition  fees  were  charged.  It  was  customary  for  the  master  to  pay 
all  charges  for  the  instruction  of  his  apprentices.  Sometimes  this 
was  specifically  mentioned  in  the  indenture :  the  master  **  shall  at 
his  own  Charge  put  his  said  Apprentice  to  School. "^^  In  one 
instance  the  apprentice  was  "  to  go  to  the  winter  Evening  School  at 
the  Charge  of  his  father  " ;  in  another,  it  was  agreed  that  the  appren- 
tice should  go  to  "  Night  School  three  Months  in  every  Year  dure- 
ing  the  said  term  his  father  to  pay  one  halfe  of  Said  Schooling  and 
his  Master  the  other  halfe ;  "  ^°  and  in  a  third,  he  was  "  to  go  to 

"  Liber  29,  80. 

"  Ibid,  218. 

"  Ibid,  36.    Indenture  of  Aug.  i,  1717. 

Ibid,  128.  Indenture  of  Oct.  17,  1705:  master  "to  pay  for  the  same"; 
14.  Indenture  of  Dec.  4,  1717;  5.  Indenture  of  Sept.  i,  1718:  "at  the  Charge 
of  the  said  Master";  15.  Indenture  of  Oct.  15,  1718;  go.  Indenture  of  May  i, 
1719;  32.  Indenture  of  Aug.  i,  1719;  "Masters  Cost  and  Charge";  158. 
Indenture  of  Feb.  7,  1722;  236.  Indenture  of  Feb.  26,  1723:  "at  my  one  Cost 
and  Charge " ;  327.  Indenture  of  Nov.  26,  1725. 

"Ibid,  31. 

"Ibid,  13.  See  also  Citty  of  N.  Yorke  Indentures,  90.  Indenture  of  Oct. 
20,  1701 :  "  the  father  shall  provide  and  pay  for  two  winters  Nights  scooling^ 
and  his  said  Master  Shall  allow  him  two  halfe  Winters  Schooling."^ 


FREE  SCHOOLS  633 

School  during  the  time  that  is  customary  here  to  keep  Night  School 
his  friends  paying  for  the  same."^®  But  these  were  exceptions;  the 
master  in  most  cases  assumed  all  expenses  of  maintaining  and  edu- 
cating his  apprentices. 

The  curriculum  of  the  evening  schools  conformed  to  the  educa- 
tional needs  of  the  New  York  apprentice.  According  to  the  records, 
they  offered  instruction  in  reading,  writing  and  cyphering.  The  evi- 
dence of  the  indentures  indicates  that  these  subjects  were  taught 
singly,  or  in  any  combination  desired.  An  indenture  of  October  14, 
1700  provides  for  sending  the  apprentice  to  the  "  winter  school  to 
learn  to  read  as  long  as  the  school  time  shall  last."^^  In  other  in- 
stances the  apprentice  was  permitted  "  in  the  evenings  to  go  to  School 
Each  Winter  to  the  End  that  he  may  be  taught  to  write  and  Read,"^^ 
or  to  "  Learn  Writing  and  Cyphering  at  the  usuall  Winter  Seasons."^* 
The  most  popular  provision,  however,  was :  "  One  Quarter  of  a 
Year  in  Each  Year  of  said  Term  to  a  good  Evening  School  in  Order 
to  be  well  instructed  in  reading,  writing  Accounting  and  the  like."^" 


"Liber  29,  318.    Indenture  of  June  29,  1726. 

"  Harlem  Records,  II,  543- 

"  Citty  of  N.  Yorke  Indentures,  81.    Indenture  of  Nov.  18,  1701.     See  the 

following  indentures  in  Liber  29: 
59  (Feb.  9,  1719)  :  "  three  Months  to  School  to  Learn  to  Write  and  Read." 
55   (Feb.  24,  1719)  :  "  School  .  .  .  Every  Year  ...  to  learn  to  Read  and 

Write." 
69  (Dec.  9,  1719)  :  "school  at  Suitable  Times  ...  to  learn  to  Read  and 

Write."  . 
83  (Apr.  26,  1720)  :  "  Schooling  to  Read  and  Write." 
119   (Nov.   18,   1720):   "Every  Winter  .  .  .  Evening  School  ...  to   Read 

and  Write." 

117  (Feb.  I,  1721)  :  "Evening  Schooling  ...  to  Read  and  write  English." 
212  (July  10,  1722)  :  "  to  Read  and  write  English  ...  in  Winter  Evenings." 
"Liber  29,  36.    Indenture  of  Aug.  i,  1717.    See  the  following  in  Liber  29: 
36  (Aug.  I,  1717)  :  "  School  to  Learn  Writing  and  Cyphering." 
78  (Apr.  16,  1718)  :  "  Evening  School  ...  to  learn  to  write  and  cypher." 
34  (Aug.  6,  1719)  :  "write  and  cypher  at  the  usual  times  in  the  winter." 
102  (May  I,  1720)  :  "  School  .  .  .  Evenings  to  Learn  Writing  and  Cypher- 
ing." 
193   (Sept.  I,  1723):  "Night  School  .   .    .  writeing  and  Arithmetick." 
"  Liber  29,  80.    Indenture  of  Aug.  i,  1720.    See  the  following  in  Liber  29 : 
82    (Nov.    8,    1720):    "Evening    School  .  .  .  Reading    and    Writing    and 

Arithmetick." 

190  (Nov.  6,  1722)  :  "  Schooling  to  Read  write  and  Arithmetick." 
241  (Jan.  31,  1723)  :  "  Evening  School  to  Read  write  and  Cypher." 
197  (Aug.  I,  1723)  :  "  School  ...  on  Winter  Evenings  ...  to  Read  write 

and  Cypher." 


634  THE   UNIVERSITY    OF   THE   STATE    OF    NEW   YORK 

The  purpose  of  this  education  for  apprentices  may  be  well  expressed 
in  the  words  of  an  indenture  of  December  7,  1724,  which  made 
provision  for  teaching  the  boy  to  "  Read  write  and  Cypher  so  far 
as  will  be  Sufficient  to  Manage  his  Trade."^^ 

It  is  interesting  to  note  the  content  of  the  course  in  "  cyphering," 
or  arithmetic^  pursued  by  the  apprentice.  A  Westchester  indenture 
of  July  I,  1716  makes  provision  for  teaching  the  apprentice  to  "  Read 
Write  &  Cast  Accompts  to  so  far  as  the  Rule  of  three."^^  Some- 
times this  description  was  added  to  in  the  following  manner: 
"  Cypher  as  far  as  the  rule  of  three  direct  inclusive."^'  The  most 
complete  statement  of  the  composition  of  this  subject  occurs  in  a 
New  York  City  indenture  of  May  20,  1720,  in  which  the  master 
agreed  to  provide  instruction  in  "  writing  and  cyphering  So  far  as 
Addition  Subtraction  and  Multiplication."^*  In  some  instances  the 
apprentice  was  to  be  taught  "  to  Cypher  so  as  to  keep  his  Own 
accounts,  "'^^  or  "  so  far  as  he  be  able  to  keep  his  Booke.^^ 

Obviously  the  evidence  of  the  indentures  of  apprenticeship  is 
somewhat  incomplete.    They  indicate  in  a  matter-of-course  manner, 

266  (Dec.  25,  1723)  :  "  Every  Winter  one  Quarter  ...  to  Read  writ  and 
Cypher." 

314  (Jan.  4,  1724)  :  "  Every  Winter  .  .  .  Eveven  Skool  ...  to  Read  write 
en  syfer." 

225  (July  26,  1724)  :  "  School  ...  in  the  Winter  ...  to  Reade  write  and 
Cypher." 

278  (Oct.  5,  1724)  :  "  Winters  to  School  ...  to  Read  write  and  Cypher." 

229  (Oct.  26.  1724)  :  "  Winter  Season  ...  to  School  ...  to  Reade  write 
Cypher." 

280  (June  I,  1725)  :  "  Reading  writing  and  Cyphering  at  the  Cost  ...  of 
Master." 

289  (June  I,  1725)  :  "  to  read  and  write  .  .  .  every  Quarter  ,  .  .  and  Syfer 
two  Quarters." 

**  Liber  29,  282. 

**  Westchester  Records,  1707-1720,  254J4.  (Manuscript  folio  volume  in 
New  York  Hall  of  Records.) 

"Flushing  Town  Records,  1790-1833,  104.  Indenture  of  Oct.  31,  1816. 
See  Ibid,  16.  Indenture  of  Jan.  4,  1817 :  "  to  cypher  as  far  as  the  rule  of 
three  direct."     (Manuscript  folio  volume  in  N.  Y.  Hall  of  Records.) 

**  Liber  29,  97. 

"  Ibid,  276.    Indenture  of  Feb.  i,  1722. 

"Westchester  Records,  1711-1730.  July  23,  1725.  (Manuscript  folio 
volume  in  New  York  Hall  of  Records.    Pages  not  numbered.) 

Huntington  Town  Records,  II,  518.  Indenture  of  Sept.  7,  1772:  "to  read 
write  &  Arethmatick  so  as  to  keep  a  good  Book." 

(The  material  embraced  by  notes  1-26  is  taken  from  R.  F.  Seybolt,  Ap- 
prenticeship and  Apprenticeship  Education  in  Colonial  N«w  England  and 
New  York,  N.  Y.,  1917.) 


FREE  SCHOOLS  635 

that  elementary  evening  schools  were  common  during  the  period 
considered^  and  that  the  customary  curriculum  comprised  reading, 
writing  and  arithmetic.  Additional  light  is  thrown  upon  these 
schools  by  the  newspapers ;  in  fact,  for  this  purpose,  they  constitute 
our  best  sources.  After  the  establishment  of  the  first  New  York 
newspaper,  ia  1725,  advertisements  of  evening  schools  are  numerous, 
and  by  piecing  them  together  we  can  build  up  a  more  complete 
account  of  the  actual  schools. 

In  the  New  York  Gazette  of  December  18,  1749,  we  find  the 
following  advertisement : 

Reading  Writing  and  Arithmetick,  taught  by  Thomas  Evans,  at  the  House 
of  Mr.  Bingham,  Shoemaker,  near  the  New-Dock,  where  he  will  give  due 
Attendance  for  Night  School,  commencing  the  first  Day  of  January  next." 

From  the  New  York  Mercury  of  August  31,  1761,  we  learn  that 
"  Samuel  Bruce  .  .  .  Opens  his  Night  School  in  Wall  Street, 
the  2 1  St  of  September  next,  where  he  continues  teaching  Reading, 
Writing,  and  Arithmetic  in  the  best  Manner,"^®  and  from  the  New 
York  Gazette  and  Weekly  Mercury,  September  29,  1777,  that 
Thomas  Wiley,  "  Late  Usher  to  Mr.  Joseph  Hildreth,  Master  of  the 
Charity  School,"  who  taught  "  Reading,  Writing,  and  Arithmetic," 
"  has  now  opened  his  Night  School."^' 

These  advertisements  not  only  contain  information  concerning 
the  names  of  the  schoolmasters,  and  the  places  where  the  schools 
were  kept,  but  they  reveal  the  fact  that  the  earlier  custom  of  con- 
ducting evening  schools  only  during  the  winter,  i.  e.,  the  "three 
Months  .  .  .  Immediately  after  Christmas,"  no  longer 
obtained.'"  Two  of  the  schools  mentioned  above  opened  in 
September,  but  the  length  of  the  term  was  not  indicated  in  either 
case.  It  seems  probable  that  by  the  middle  of  the  eighteenth  century, 
the  demand  for  evening  instruction  of  this  character  could  not  be 
satisfied  by  schools  kept  only  during  the  winter  season.  School- 
masters, here  and  there  in  the  city,  were  advertising  longer  periods 
of  tuition.  There  was  no  uniformity  in  this  matter;  some  taught 
the  time-honored  "  quarter,"  and  others  six  months,  or  even  all  year 
round.     Hugh  Hughes,  in  1767,  advertised  that  his  school  would 

"Repeated  in  New  York  Gazette,  Dec.  25,  1749;  Jan.  i,  Jan.  8,  1750. 

"  Repeated  in  New  York  Mercury,  Sept.  7,  Sept.  28,  1761. 

"  In  1779  Thomas  Wiley  opened  his  evening  school,  "  opposite  Trinity 
Church,"  on  Sept.  20  (N.  Y.  Gazette  and  Weekly  Mercury,  Sept.  13,  1779)  ; 
and  in  1782,  on  Nov.  19  (Ibid,  No.  4.  1782). 

"  See  notes  1-9. 


636  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

"  commence  the  first  of  April  next  and  continue  to  the  first  of 
October  following."^^  A  particularly  pertinent  advertisement,  in 
this  connection,  is  one  inserted  by  Robert  Leeth  in  the  New  York 
Evening  Post,  May  27,  1751 : 

I  find  it  has  been  a  Custom  here  immemorial,  for  School  Masters  to  keep 
Evening  Schools  Winter  only;  But  as  it  may  suit  many  young  People's  Con- 
veniencies  to  write  and  cast  Accompts  at  other  Seasons  of  the  Year,  I  do 
hereby  give  Notice  that  I  intend  to  keep  an  Evening  School  from  six 
o'clock  till  Eight,  the  Year  round.*' 

Additional  material  for  our  description  of  these  schools  is  to  be 
found  in  the  following  advertisement : 

New  York,  March  20,  1767. 

The  Subscriber  proposes  to  open  a  Morning  and  Evening  School,  for  the 
Instruction  of  Youth  in  Writing,  and  Arithmetic,  to  commence  the  first  of 
April  next,  and  to  continue  to  the  first  of  October  following.  Attendance 
will  be  given  from  six  to  eight  in  the  Morning,  and  from  five  to  seven  in 
the  Evening  precisely.  It  is  imagined  that  this  Plan  may  suit  some  of  both 
Sexes,  who  attend  other  Places  of  Education  at  different  Periods,  for  other 

Purposes  

Hugh  Hughes." 

Here  the  hours  of  "Attendance "  are  indicated  — "  from  five  to 
seven."  But  it  must  not  be  inferred  that  there  was  any  agreement, 
on  this  matter,  among  the  masters;  in  fact,  considerable  variation 
obtained.  The  most  popular  hours,  however,  were  from  six  to 
eight. 

Furthermore,  this  advertisement  would  seem  to  indicate  that  girls, 
as  well  as  boys,  attended  evening  schools.  But  a  positive  statement 
to  this  eflFect  would  not  receive  support  from  the  sources.  It  is 
very  probable  that  the  girls  attended  the  morning  school,  in  this 
case.  Many  masters,  during  the  eighteenth  century,  advertised  morn- 
ing schools,  or  morning  hours,  for  girls  exclusively. 

Information  concerning  the  rates  of  tuition  in  the  elementary 
evening  schools  is  not  abundant.  The  writer  was  unable  to  find  more 
than  one  advertisement  containing  the  tuition  fees  of  evening  schools 
of  this  type.  Robert  Leeth,  in  1752,  taught  "  Writing  at  9s.  per 
Quarter;  Vulgar  and  Decimal  Arithmetick  at  12s.,"  in  his  day  school, 
and  "  Writing  at  8s.  per  Quarter,  and  vulgar  and  decimal  Arithmetick 

"  New  York  Gazette  and  Weekly  Mercury,  April  16,  1767.     This  adver- 
tisement was  written  by  Hughes  on  March  20,  1767. 
■*  Repeated  in  New  York  Evening  Post,  June  3,  1751.     (Stone  Street.) 
**  New  York  Gazette  or  Weekly  Post  Boy,  April  16,  April  23,  April  30, 
May  7,  May  14,  May  21,  June  4,  1767. 


FREE  SCHOOLS  637 

at  IDS."  in  his  evening  school.'*  If  we  are  justified  in  making  any 
conclusion  from  this  one  document,  we  may  say  that  the  evening 
rates  were  lower  than  those  of  the  day  school. 

More  complete  information  on  this  matter  is  available  for  the 
practice  of  day  schools,  and  it  may  be  profitable  to  make  a  brief 
examination  of  their  rates.  In  an  elementary  day  school  of  1735 
the  master  taught  "  Reading,  Writing,  and  Arithmetick  at  very 
reasonable  Terms,  which  is  per  Quarter  for  Readers  5s,  for  Writers 
8s.,  for  Cypherers  is."'°  Two  years  later,  in  1737,  one  Joshua 
Ring  advertised  that  he  would  "  teach  carefully  (After  the  Easter 
Holidays)  Reading,  Writing,  and  Arithmetic  at  12s.  per  Quarter; 
Reading  and  Writing  at  los."'"  Evidently  Robert  Leeth,  in  1752, 
considered  "  writing  at  8s.  per  Quarter  "  as  fair  a  price  as  it  was 
in  11735.  The  rate  for  arithmetic  seems  to  have  risen,  but  it  is 
probable  that  with  Leeth  arithmetic  was  a  more  advanced  subject 
than  cyphering.  In  1766,  John  Young  "  continues  to  teach  as  usual, 
Reading  at  9s.,  Writing  at  us.,  and  Arithmetic  at  13s.  per 
Quarter,"'^  and  in  1776  Amos  Bull  taught  "  English  Grammar, 
Reading,  Writing,  and  Arithmetic  ...  at  25s.  per  Quarter  for 
each  Scholar."'*  If  Leeth's  advertisement  represents  a  common 
practice,  namely,  of  charging  lower  rates  in  the  evening  schools,  it 
may  be  fairly  assumed  that  the  prevailing  elementary  evening  school 
rates  were  slightly  lower  than  those  just  examined.  At  any  rate,  the 
day  school  advertisements  indicate  approximately  the  current  prices 
for  the  elementary  subjects. 

Another  type  of  evening  school  offered  instruction  in  practical 
subjects  of  secondary  grade,  in  addition  to  the  rudiments.  In  these 
schools  certain  hours  were  set  apart  for  those  who  were  learning  to 
read,  write  and  cypher.  In  some^  only  the  higher  subjects  were 
taught.  The  higher  classes  were  patronised  not  only  by  older 
apprentices  who  had  received  an  elementary  education,  but  also  by 
young  men  and  adults  of  independent  economic  status.     Like  the 

"New  York  Gazette  Revived  in  the  Weekly  Post  Boy,  Sept.  18,  Sept.  25, 
Oct.  2,  Oct.  9,  Oct.  16,  Oct.  23,  Oct.  30,  1752. 

"New  York  Gazette,  July  14-21,  July  21-28,  July  28-Aug.  4,  Aug.  4-11, 
1735-     (Smith  Street) 

"New  York  Weekly  Journal,  April  4,  1737.  ("lower  End  of  Stone 
Street ") 

"New  York  Mercury,  May  19,  May  26,  1766.     (French  Church  Street) 

"New  York  Gazette  and  Weekly  Mercury,  May  13,  May  20,  1776.  (King 
Street) 


638  THE   UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

evening  schools  of  elementary  grade,  they  were  designed  for  "  those 
who  cannot  spare  time  in  the  day  time." 

As  in  the  case  of  evening  schools  offering  instruction  only  in  the 
three  R's,  there  was  no  agreement  among  the  masters  that  all  the 
evening  schools  in  the  city  should  begin  their  terms  at  the  same 
time.  Thomas  Metcalfe,  in  1747,  conducted  his  evening  school  "all 
the  Summer,"^*  and  in  1759,  James  and  Samuel  Giles  also  decided 
to  keep  theirs  "  during  the  Summer  Season."*"  In  most  instances, 
however,  these  schools  were  advertised  to  begin  in  the  months  of 
September,*^  October,*^  and  December,*^  and  an  appreciable  number 
still  observed  the  "  Custom  here  immemorial "  of  running  "  during 
the  Winter  Season."** 

In  none  of  the  advertisements  of  evening  schools  of  this  class  is 
the  length  of  the  term  definitely  stated,  but  we  may  safely  infer 
from  evidence  of  several  kinds  that  the  schools  were  run  on  a 
quarterly  plan.  Some  were  kept  "  during  the  Winter  Season,"  and 
others  during  the  "  Summer  Season."  It  is  very  probable  that  the 
expressions  "  during  the  Summer  Season,"  and  "  during  the  Winter 
Season,"  refer  to  the  three  months  of  summer,  or  winter.    Further- 

**  New  York  Evening  Post,  Aug.  3,  1747.     (Wall  Street) 

**  Parker's  New  York  Gazette  or  Weekly  Post  Boy,  April  30,  May  14, 
May  21,  May  28,  1759.     (Maiden  Lane) 

See  also  advertisements  of  John  Nathan  Hutchins  (Courtlandt  Street)  in 
New  York  Mercury,  April  25,  May  2,  1763;  and  Thomas  Carroll  (Broad 
Street),  in  Ibid,  May  6,  May  13,  May  20,  1765. 

"New  York  Gazette  or  Weekly  Post  Boy,  Aug.  14,  Aug.  28,  Sept.  4,  1758 
(Edward  Willett,  and  George  Adams,  French  Church  Street)  ;  Ibid,  Sept.  8, 
Sept.  IS,  Sept.  22,  Oct.  6,  Oct.  13,  Oct.  20,  Oct.  27,  1755  (James  Wragg,  Ferry 
Street)  ;  Ibid,  Sept.  15,  Sept.  19,  Sept.  29,  Oct.  6,  Oct.  13,  1755  (John  Searson, 
"  opposite  to  the  Post-Office  ")  ;  New  York  Mercury,  Sept.  7,  Sept.  14,  Sept. 
21,  Dec.  7,  Dec.  14,  1761  (James  and  Samuel  Giles)  ;  Ibid,  Sept.  7,  1761  (John 
Young)  ;  New  York  Gazette  and  Weekly  Mercury,  Sept.  30,  1782  (J.  Mennye, 
56  Beekman  Street). 

**  Royal  Gazette,  Oct.  6,  1781  (Mr.  Davis,  63  Maiden  Lane)  ;  Ibid,  Oct.  18, 
Oct.  22,  1783  (J.  Mennye,  "32  Gold  Street,  Corner  of  Beekman  Street"); 
Rivington's  New  York  Gazetteer,  or  Connecticut,  New  Jersey,  Hudson's 
River,  and  Quebec  Weekly  Advertiser,  Oct.  6,  1774  (GoUen  and  Mountain, 
"Crown  Street,  near  the  North  River");  New  York  Gazette  or  Weekly 
Post  Boy,  Oct.  8,  Nov.  26,  I753  (John  Lewis). 

**New  York  Gazette  or  Weekly  Post  Boy,  Oct.  24,  1757  (Edward  Willett, 
"  next  Door  to  Mr.  Richards,  in  the  Broadway ")  ;  New  York  Mercury, 
Nov.  10,  1766  (Thomas  Carroll)  ;  Ibid,  Nov.  23,  1761  (Thomas  Johnson)  ; 
New  York  Packet  and  American  Advertiser,  Fishkill,  Nov.  20,  1783  (Edward 
Riggs,  Little  Queen  Street). 


FREE  SCHOOLS  639 

more,  in  the  advertisements  that  mention  the  rates  of  tuition,  the 
various  subjects  were  taught  at  so  much  "  per  Quarter." 

Similarly,  when  we  attempt  to  ascertain  the  evenings  of  the  week 
on  which  these  schools  were  kept,  we  find  that  pertinent  advertise- 
ments are  not  numerous.  In  some  instances,  instruction  was  given 
every  evening,  and  in  others,  certain  evenings  were  "  excepted." 
From  an  advertisement  of  1772^  we  learn  that  James  Gilliland 
taught  "every  Evening."*^  We  may  infer  that  Mr.  Evans,  who 
advertised,  in  1781,  that  he  would  teach  "  in  the  evenings,"  kept 
school  every  evening.*®  Some  masters  stated  definitely  that  their 
schools  would  be  open  on  certain  evenings  only ;  James  and  Samuel 
Giles,  in  1759,  taught  "in  the  evenings  of  all  School  Days, 
Wednesday  and  Saturday  Evenings  excepted ;  "*'^  and  John  Nathan 
Hutchins,  in  1763,  omitted  "  Saturday  evenings."*^ 

The  hours  of  instruction  were  not  uniform  throughout  the  city. 
Thomas  Metcalfe,  in  1747,  "  proposes  to  teach  an  Evening  School, 
beginning  at  five  to  be  continued  till  Sunset."**  In  most  cases  the 
hours  were  definitely  stated,  as :  "  from  5  to  7  in  the  Evenings,"'"' 

**  New  York  Gazette  Revived  in  the  Weekly  Post  Boy,  Sept.  17,  Sept.  24, 
1750  (Gabriel  Wayne,  "near  the  Watch-House  in  the  Broad  Street,"  "during 
the  Winter  Season ")  ;  Royal  Gazette,  Oct.  17,  Oct.  20,  Oct.  31,  Nov.  21, 
1781   (Mr.  Evans,  18  Great  Dock  Street,  "during  the  winter"). 

See  also  New  York  Gazette  or  Weekly  Post  Boy,  Dec.  12,  1768  (James 
Lamb,  Rotten  Row)  ;  Ibid,  Jan.  12,  Feb.  16,  1764  (William  Cockburn, 
Hanover  Square)  ;  New  York  Gazette  and  Weekly  Mercury,  Dec.  14,  Dec.  28, 
1772  (James  Gilliland,  "  near  the  old  City  Hall ")  ;  Ibid,  Jan.  14,  Oct.  14,  Oct. 
21,  1782  (Mr.  Davis)  ;  Ibid,  Jan.  i,  Jan.  8,  Jan.  15,  Jan.  22,  Jan.  29,  1770 
(George  Robinson,  Golden  Hill)  ;  Ibid,  Jan.  10,  Jan.  26,  1778  (John  Davis, 
"  Maiden  Lane  between  Nassau  and  William  Streets  ")  ;  New  York  Gazette 
Revived  in  the  Weekly  Post  Boy,  Jan.  21,  Jan.  28,  1751  (Benjamin  Leigh  and 
Garrat  Noel,  "lower  End  of  Broad  Street,  near  the  Long-Bridge");  New 
York  Gazette,  Jan.  18,  1762  (Thomas  Johnson,  "  almost  opposite  to  Leonard 
Lispenard's")  ;  Rivington's  New  York  Gazetteer,  or  Connecticut,  New  Jersey, 
Hudson's  River,  and  Quebec  Weekly  Advertiser,  Jan.  12,  Jan.  19,  1775 
(James  Gilliland,  Broad  Street). 

"  New  York  Gazette  and  Weekly  Mercury,  Dec.  14,  Dec.  28,  1772. 

*"  Royal  Gazette,  Oct.  17,  Oct.  20,  Oct.  31,  Nov.  21,  1781. 

"  Parker's  New  York  Gazette  or  Weekly  Post  Boy,  April  30,  May  14, 
May  21,  May  28,  1759. 

**  New  York  Mercury,  April  25,  May  2,  1763. 

*'New  York  Evening  Post,  Aug.  3,  1747. 

"  Parker's  New  York  Gazette  or  Weekly  Post  Boy,  April  30,  May  14,  May 
21,  May  28,  1759  (James  and  Samuel  Giles)  ;  New  York  Mercury,  April  25, 
May  2,  1762  (John  Nathan  Hutchins). 


640  THE   UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

"  from  6  to  7  o'Clock,""  "  from  6  to  8,""  and  "  from  Six  to 
Nine."*^  The  most  popular  hours  seem  to  have  been  from  six  to 
eight. 

Our  chief  interest  is  in  the  curriculum  of  these  secondary  evening 
schools.  We  shall  find,  upon  examining  the  evidence  of  the  adver- 
tisements, that  these  schools  met  the  demand  of  a  large  class  for 
practical  instruction  beyond  the  rudiments.  In  schools  of  this  type, 
open  during  the  day,  as  well  as  in  the  evening,  the  bookkeepers, 
merchants,  surveyors  and  navigators  of  the  period  received  their 
technical  training. 

The  typical  curriculum  of  these  secondary  evening  schools  com- 
prised, in  addition  to  the  elementary  subjects,  bookkeeping,  and  the 
"  practical  Branches  of  the  Mathematicks."  Thomas  Metcalfe's 
advertisement,  of  1747,  contains  the  simple  statement  that  he  would 
teach  "  Reading,  Writing,  Arithmetick,  Mathematicks,  &c."'"*  For 
an  interpretation  of  "  Mathematicks  &c."  we  must  examine  a  more 
detailed  advertisement,  such  as  the  following,  of  1755: 

NOTICE  is  hereby  GIVEN  that 

JOHN  SEARSON 

Who  teaches  School  at  the  House  of  Mrs.  Coon,  opposite  to  the  Post- 
Office,  proposes  (God  Willing)  to  open  an  Evening  School,  on  Thursday 
the  25th  of  this  Instant  September;  where  may  be  learn'd  Writing,  Arith- 
metick Vulgar  and  Decimal,  Merchants  Accounts,  Mensuration,  Geometry, 
Trigonometry,  Surveying,  Dialling,  and  Navigation,  in  a  short,  plain,  and 
methodical  Manner,  and  at  very  reasonable  Rates.  Said  Searson  having 
a  large  and  commodious  Room,  together  with  his  own  diligent  Attendance, 


"Royal  Gazette,  Oct.  17,  Oct.  20,  Oct.  31,  Nov.  21,  1781   (Mr.  Evans). 

"New  York  GazAte  and  Weekly  Mercury,  Jan.  i,  Jan.  8,  Jan.  15,  Jan. 
22,  Jan.  29,  1770  (George  Robinson)  ;  Ibid,  Dec.  14,  Dec.  28,  1772  (James 
Gilliland)  ;  Ibid,  Jan.  19,  Jan.  26,  1778  (John  Davis)  ;  Rivington's  New  York 
Gazetteer,  or  Conn.,  N.  J.,  H.  R.,  and  Quebec  Weekly  Advertiser,  Oct.  6, 
1774  (Gollen  and  Mountain). 

'''New  York  Mercury,  May  6,  May  13,  May  20,  Sept.  30,  Oct.  7,  1765 
(Thomas  Carroll). 

"  New  York  Evening  Post,  Aug.  3,  1747. 

New  York  Gazette  Revived  in  the  Weekly  Post  Boy,  Sept.  17,  Sept.  24, 
1750.     Gabriel  Wayne  taught  "  Reading,  Writing,  Arithmetick,  Navigation." 

Ibid,  Nov.  13,  1752.  Nicholas  Harrington  ("  near  St.  George's  Chapel  in 
Beekman's  Street ")  :  "  Reading,  Writing,  and  Arithmetick,  both  Vulgar  and 
decimal,  as  also  Navigation  and  Merchants  Accounts." 

New  York  Gazette  or  Weekly  Post  Boy,  Oct.  8,  Oct.  15,  Nov.  26,  Dec.  3, 
1753-  John  Lewis:  "Reading,  writing,  Arithmetic,  Navigation,  Surveying 
&c." 


FREE   SCHOOLS  64I 

the  Scholars  will  have  it  in  their  Power  to  make  good  Progress  in  a  short 
Time." 

As  early  as  1723,  John  Walton  taught,  among  other  subjects,  "Read- 
ing writing,  Arethmatick,  whole  Numbers  and  Fractions,  Vulgar  and 
Decimal,  The  Mariners  Art,  Plain  and  Mercators  Way;  Also 
Geometry,  Surveying."^*  Further  enlightenment  is  supplied  by  the 
course  of  study  advertised  by  James  and  Samuel  Giles,  in  1759, 
which  included  the  subjects  just  mentioned,  and,  in  addition,  "  Inter- 
est and  Annuities,"  "  Extraction  of  Roots  of  all  Powers,"  "  Men- 
suration of  Superficies  and  Solids/'  "  Book-Keeping  in  the  true 
Italian  Manner  of  Double  Entry,"  "  Guaging,"  "Algebra,"  "  Conic 
Sections,"  and  "  &c.&c."'^  The  curriculum  of  Benjamin  Leigh  and 
Garrat  Noel,  in  1751,  contained  "  Geography  and  the  Use  of 
Globes,"'*  and  that  of  James  Wragg,  in  1755,  "Astronomy."" 
"  Gunnery "  is  added  by  Edward  Willett  and  George  Adams,  in 
1758,*"  and  "  Fortification,"  by  William  Cockburn,  in  1764." 

An  excellent  summary  of  this  comprehensive  curricultmi  is  given 
in  Thomas  Carroll's  advertisement,  of  1765.     It  follows: 

Taught  by  Thomas  Carroll,  At  his  Mathematical  School,  in  Broad-street, 
in  the  City  of  New  York. 

Writing,  Vulgar  and  Decimal  Arithmetic;  the  Extraction  of  the  Roots; 
Simple  and  Compound  Interest;  how^  to  purchase  or  sell  Annuities,  Leases 
for  Lives,  or  in  Reversion,  Freehold  Estates,  &c.  at  Simple  and  Compound 
Interest;  The  Italian  Method  of  Book-Keeping;  Euclid's  Elements  of 
Geometry;  Algebra  and  Conic  Section;  Mensuration  of  Superficies  and  Solids. 
Surv^eying  in  Theory,  and  all  its  different  Modes  in  Practice,  with  two  uni- 
versal Methods  to  determine  the  Areas  of  right  lined  Figures,  and  some 
useful  Observations  on  the  whole;  Also  Guaging,  Dialling,  Plain  and  Spheric 
Trigonometry,  N?vigation;  the  Construction  and  Use  of  the  Charts,  and 
Instruments  necessary  for  keeping  a  Sea-Journal   (with  a  Method  to  keep 

"  New  York  Gazette  or  Weekly  Post  Boy,  Sept.  15,  Sept.  19,  Sept.  29,  Oct 
6,  Oct.  13,  1755. 

Ibid,  April  7,  April  21,  May  5,  1755.  James  Wragg:  "  Writing,  Arithmetick, 
Merchants  Accounts,  Navigation,  Surveying,  Mensuration,  Guaging,  Dialing, 
and  Astronomy." 

"American  Weekly  Mercury  Philadelphia,  Oct.  17-24,  Oct.  24-31,  Oct.  31- 
Nov.  7,  1723. 

"  Parker's  New  York  Gazette  or  Weekly  Post  Boy,  April  30,  May  14,  May 
21,   May  28,    I75Q. 

"  New  York  Gazette  Revived  in  the  Weekly  Post  Boy,  Jan.  21,  Jan.  28, 
1751.    The  curriculum  of  this  school  included  "  a  new  invented  Short-Hand." 

"  New  York  Gazette  or  Weekly  Post  Boy,  July  14,  July  28,  Aug.  4,  Aug. 
II,  Aug.   18,  Sept.  I,  1755. 

**  New  York  Gazette  or  Weekly  Post  Boy,  Aug.  14,  Aug.  28,  Sept.  4,  1758. 

"  Ibid,  Jan.  12,  Feb.  16,  1764. 

41 


642  THE   UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

llie  same,  were  the  Navigator  deprived  of  his  Instruments  and  Books  &c. 
by  any  Accident)  the  Projection  of  the  Sphere,  according  to  the  Ortho- 
graphic and  Stereographic  Principles;  Fortification,  Gunnery,  and  Astron- 
omy; Sir  Isaac  Newton's  Laws  of  Motion;  the  mechanical  Powers,  viz.  The 
Balance,  Lever,  Wedge,  Screw,  and  Axes  in  Peritrochio  explained.  Being 
not  only  an  Introduction  necessary  to  the  more  abstruse  Parts  of  Natural 
and  Experimental  Philosophy,  but  also  to  every  Gentleman  in  Business. 

He  will  lecture  lo  his  Scholars,  every  Saturday,  on  the  different  Branches 
then  taught  in  his  School,  the  Advantage  of  which  may  in  a  little  Time, 
make  them  rather  Masters  (of  what  they  are  then  learning)  than  Scholars. 
He  invites  Gentlemen  to  visit  his  School,  and  be  Judges  of  the  Progress 
his  Pupils  will  make,  and  the  Benefit  they  must  receive  from  him. 

He  will  attend  a  Morning  School  in  Summer  from  6  to  nine  for  young 
Ladies  only,  from  Nine  to  Twelve  and  from  Two  P.M.  to  Five  for  all 
others  who  choose  to  attend;  and  a  Night  School  from  Six  to  Nine  for 
young  Gentlemen;  or  he  will  divide  the  time  in  anj'  other  Way,  if  thought 
more  agreeable.  Young  Gentlemen  and  Ladies  may  be  instructed  in  the 
more  easy  and  entertaining  Parts  of  Geography  with  the  true  Method  of 
drawing  the  Plan  of  any  Country  &c.  without  which  they  cannot  properly 
(be  said  to)  understand  that  useful  Branch  of  Knowledge;  during  this 
Course,  Care  will  be  taken  to  explain  the  true  Copernican  or  Solar  System, 
the  Laws  of  Attraction,  Gravitation,  Cohesion  &c.  in  an  easy  and  familiar 
Manner,  and  if  he  is  encouraged  to  purchase  proper  Apparatus,  he  will 
exhibit  a  regular  Course  of  experimental  Philosophy.  He  will  not  accept 
any  but  decent  Scholars,  nor  crowd  his  School  with  more  than  he  can  teach 
at  a  Time.  On  this  plan,  if  the  Gentlemen  of  this  City  are  convinced  of  the 
vast  Utility  it  must  be  to  the  Youth  here,  and  are  of  the  Opinion  that  he 
may  be  a  useful  Member  amongst  them,  and  encourage  him  as  such,  he 
will  do  all  in  his  Power  to  merit  their  Approbation,  and  give  general  Sat- 
isfaction ;  but  if  otherwise,  he  will  accept  of  any  Employment  in  the  Writing 
Way,  settling  Merchant's  Accounts,  drawing  Plans,  &c.  or  of  a  decent  Place 
in  the  Country  till  the  Return  of  the  Vessels  from  Ireland,  to  which  he  has 
warm  Invitations.  He  must  observe  that  he  was  not  under  the  Necessity  of 
coming  here  to  teach,  he  had  Views  of  living  more  happy,  but  some  unfore- 
seen and  unexpected  Events  have  happened  since  his  Arrival  here,  which  is 
the  Reason  of  his  Applying  thus  to  the  Publick. 

N.B.  Mrs.  Carroll  proposes  teaching  young  Ladies  plain  Work,  Samples, 
French  Quilting,  Knotting  for  Bed  Quilts,  or  Toilets,  Dresden,  flowering  on 
Cat  Gut,  Shading  (with  Silk,  or  Worsted)  on  Cambrick,  Lawn,  and  Hol- 
land." 

■*  New  York  Mercury,  May  6,  May  13,  May  20,  Sept.  30,  Oct.  7,  1765. 

See  also  detailed  advertisements  of  J.  N.  Hutchins,  in  New  York  Mercury, 
April  25,  May  2,  1763;  and  J.  Mennye,  in  Royal  Gazette,  Oct.  18,  Oct.  22, 
1783.  J.  Mennye's  advertisement  contains  the  following:  "And  in  order  that 
no  Part  may  be  wanting,  the  Method  of  making  Logarithms  to  any  Number 
of  Places  will  be  taught  in  as  extensive  a  Manner  as  they  have  hitherto 
been  in  any  University  in  Europe ;  And  whoever  may  be  curious  in  these 
Arts,  will  be  taught  the  Construction  of  his  Mathematical  Instruments,  by 
which  Means  he  can  always  prove  any  Instrument  already  made." 


FREE   SCHOOLS  643 

It  is  not  known  whether  this  school  was  actually  established  in  1765, 
but  from  an  advertisement  of  November  10,  1766,  we  learn  that 
"  Thomas  Carroll  has  opened  a  night  school."^' 

It  may  not  be  inappropriate,  at  this  point,  to  set  out  an  interesting 
advertisement  written  by  Mr  Davis,  in  1781.    The  item  follows: 

EDUCATION 
Evening  School,  by  Mr.  Davis 
in  Maiden  Lane,  No.  63. 
Where  is  taught  Reading,  a  grace  of  the  schools, 
Writing,  Arithmetic  by  easy  rules, 
Book-keeping,  Geometry,  too  very  plain. 
And  Navigation  to  steer  o'er  the  main: 
Surveying  and  Mensuration  as  well. 
With  rare  Algebra  to  make  you  excell. 
All  those  —  and  more  he  has  got  in  his  plan, 
To  rouse  the  genius,  and  furnish  the  man. 

The  Pupils  may  depend  on  an  easy,  elegant,  perspicuous  explication  of 
things,  being  most  conducive  to  rouse  the  genius,  and  invigorate  the  thought, 
or  to  inspire  the  mind,  with  a  true  and  lively  sense  of  what  is  taught,  which 
cannot  fail  to  enrich  it  with  fruitful  ideas ;  and  as  they  shoot  will  not  only 
be  cherished,  but  made  to  flourish.** 

In  most  advertisements  of  the  colonial  period,  and  in  all  colonies, 
merchant's  accounts,  or  bookkeeping,  was  taught  "  after  the  Italian 
Method  of  double  Entry."  An  interesting  exception  to,  and  criti- 
cism of,  this  method  is  to  be  found  in  an  advertisement  of  1770: 

This  is  to  inform  the  Public,  That  George  Robinson,  Late  of  Old  Eng- 
land, purposes  opening  an  EVENING  SCHOOL,  at  his  house  on  Golden 
Hill,  New  York,  January  the  8th  for  book-keeping  as  used  in  London, 
either  in  the  wholesale  or  retail  way :  Has  practised  it  upwards  of  twenty 
years,  having  served  an  apprenticeship  in  the  mercantile  way,  and  ever  after 
constantly  used  to  it.     Presumes  it  necessary  almost  every  Person  intended 

**  New  York  Mercury,  Nov.  10,  1766. 
"Royal  Gazette,  Oct.  6,  1781. 

Appended  to  Mr.  Davis'  notice  of  1782,  in  New  York  Gazette  and  Weekly 
Mercun.',  Jan.  7,  Jan.  14,  Oct.  14,  Oct.  21,  1782,  is  the  following: 

"  These   lively   fields  pure   pleasures  do   impart, 

The  fruit  of  science,   and  each  useful  art, 
Which   forms  the  mind,    and  clears   the  cloudy   sen»e, 

By  truth's  powerful  pleasing  eloquence. 
Ye   hopeful   youths,   be  sensible   of  this. 

O!   mark   the   fleeting  time  and   profer'd   bliss. 
The   only  time   when   learning  makes  it  way 

Thro'    dark   ignorance,   brightening   into   day; 
Bright'ning  into  day,_  you'll   in   knowledge  shine 

Full   orb'd   with    wisdom   to  the   human   mind 
Ye   hopeful    Youths,    come   learn    what   he   has   told 

Exalt   your   Minds   and  be  what   ye  behold; 
While   Genius   soaring,    great  Heights   explore, 

And   grace   your   Talents   with   true    Beauties  o'er. 
Till   ornamented   with   the   Flowers  of  Truth, 

Ye  shine  bright  Patterns  for  unlearned  Youth." 


644  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

for  business  should  learn  a  course  of  book-keeping;  but  begs  leave  to  say, 
not  in  the  customary  way :  Witness  the  complaints  among  merchants  and 
tradesmen,  that  the  boys  when  they  first  come  to  business,  are  almost  as 
ignorant  in  the  management  of  their  books  as  if  they  had  never  learnt  any 
method.  There  is  boys  who  have  not  had  time  to  learn,  or  perhaps  a 
capacity  to  understand  a  compleat  course  of  the  Italian,  which  is  commonly 
promiscuously  alone  taught  to  all ;  there  are  also  many  intended  for  such 
business  as  that  the  Italian  method  is  thrown  away  upon  them.  Hours 
from  6  to  8* 

Mr  Davis,  in  1782,  taught  "  Book-keeping  in  an  exemplary  manner, 
so  that  the  Book-keeper  can  adapt  his  ideas  to  any  circumstance  in 
trade  and  business."''* 

The  practical  purpose  of  trigonometry  is  seen  in  its  relation  to 
navigation  and  surveying.  In  the  courses  of  study  examined,  it 
v^as  usually  allied  with  these  two  subjects.  Several  interesting 
records  indicate  this  relationship.  In  advertisements  of  1753  and 
1754,  John  Lewis  informs  us  that  "  What  is  called  a  new  Method  of 
Navigation,  is  an  excellent  method  of  Trigonometry  here  particularly 
applied  to  Navigation ;  But  is  of  great  Use  in  all  kinds  of  Measuring 
and  in  solving  many  Arithmetical  Questions."®^  William  Cockbum, 
in  1764,  taught  "  Trigonometry,  with  its  Application  to  the  taking  of 
Heights  and  Distances  .  .  .  Spherical  Trigonometry,  with  its 
Application  to  Great  Circle  Sailing  and  Astronomy."^* 

In  some  instances  the  "  Theory  of  Surveying "  was  taught,  in 
others,  "  both  theoretical  and  practical."  Obviously,  the  "  Theory 
of  Surveying  "  could  easily  be  taught  within  doors.  How  the  sub- 
ject was  taught  in  a  practical  manner  is  indicated  by  but  one  adver- 
tisement. John  Nathan  Hutchins,  in  1763,  announced,  in  an  adver- 
tisement of  his  day  school,  that  "  Young  Gentlemen  inclined  to 
learn  Surveying,  will  be  instructed  in  the  Practick  as  well  as  the 
Theorical  Part,  he  being  provided  with  Chain  and  Compass,  and 
has  obtained  Liberty  of  exercising  his  Scholars  on  a  convenient 
Tract  of  Land  not  far  distant."*^ 

More  detailed  information  is  available  for  the  course  in  naviga- 
tion. By  putting  together  the  significant  portions  of  many  evening 
school  advertisements,  we  are  able  to  get  a  fairly  adequate  notion  of 

**  New  York  Gazette  and  Weekly  Mercury,  Jan.  i,  Jan.  8,  Jan.  15,  Jan.  22, 
Jan.  29,   1770. 

"Ibid,  Jan.  7,  Jan.  14,  Oct.  14,  Oct.  21,  1782. 

"New  York  Gazette  or  Weekly  Post  Boy,  Dec.  24,  1753;  Ibid,  Jan.  7, 
Jan.  14,  Jan.  21,  1754. 

"Ibid,  Jan.  12,  Feb.  16,  1764. 

••  New  York  Mercury,  April  25,  May  2^  1763. 


FREE  SCHOOLS  645 

the  scope  of  this  subject.  John  Walton,  in  1723,  taught  "The 
Mariners  Art,  Plain  and  Mercators  Way."^°  From  an  advertisement 
of  1763,  we  learn  that  John  Nathan  Hutchins  taught  "  Navigation 
by  all  the  various  Ways  ever  yet  taught,  whether  Tabular,  Loga- 
rithmetical,  or  Instrumental,  also  without  the  Help  of  Books  or 
Scales.  Gentlemen  Mariners  &c.,  may  be  taught  the  making  and 
Use  of  all  Sorts  of  Charts,  Plain  or  Globular.""  Further  evidence 
of  the  practical  character  of  the  subject  is  supplied  by  an  advertise- 
ment of  1764,  in  which  the  master  proposed  to  teach  "  Navigation 
after  an  easy  Method,  by  which  a  Man  may  be  able  to  work  a  Day's 
Work  in  a  few  Weeks ;  also  a  new  Method  of  observing  the  Latitude 
at  any  Time  of  Day,  so  very  much  wanted  in  thick  Weather  at 
Noon."^^  Some  masters  were  able  to  give  their  students  the  bene- 
fit of  actual  experience;  James  Lamb,  in  1768,  announced  that  "he 
has  had  16  years  Experience  at  Sea,"  and  "  flatters  himself  he  can 
render  Navigation  (in  some  Measure)  familiar  to  the  young  Navi- 
gator the  first  Voyage."^'  Mr  Davis,  in  1782,  advertised  that  he 
would  teach  "  Practical  Navigation  by  the  most  expeditious  and 
approved  methods,  whereby  the  Navigator  can  never  be  at  a  loss 
upon  any  occasion,  to  find  the  ship's  place,  by  dead  reckoning  and 
celestial  observation,  and  to  this  purpose  also  are  taught  the  doctrine 
of 'the  Orthographic  and  Stereographic  Projections  of  the  Sphere, 
Spheric  Trigonometry,  with  its  application  to  Astronomy,  by  which 
he  will  be  led  to  the  summit  of  his  wishes,  it  being  supposed,  a 
thorough  knowledge  of  the  New  Method  of  finding  the  Latitude 
by  two  altitudes  of  the  Sun,  and  of  finding  the  Longitude  by  the 
Moon's  distance  from  the   Sun,  &c."^* 

"American  Weekly  Mercurj-,  Philadelphia,  Oct  17-24,  Oct.  24-31,  Oct. 
31-Nov.  7,  1723. 

"  New  York  Mercury,  April  25,  May  2,  1763. 

Royal  Gazette,  Oct.  r8,  Oct.  22,  1783.  "  The  method  of  making  a  chart 
fitted  to  any  Voj'age,  or  to  any  extent  of  Land  and  Water."     (J.  Mcnnye) 

"New  York  Gazette  or  Weekly  Post  Boy,  Jan.  12,  Feb.  16,  1764  (William 
Cockbum). 

"Ibid,  Dec.  12,  1768. 

'*  New  York  Gazette  and  Weekly  Mercury,  Jan.  7,  Jan.  14,  Oct.  14,  Oct  21, 
1782. 

An  advertisement  of  1781  mentions  this  new  method  of  "finding  the 
latitude  by  two  Altitudes  of  the  Sun,  and  the  longitude  by  the  distance  of 
the  Moon  from  the  Sun,"  and  informs  us  that  it  was  described  in  "John 
Hamilton  Moore's  Navigation."  (Royal  Gazette,  Oct.  17,  Oct.  20,  Oct  31, 
Nov.  21,  1781) 

See  also  J.  Mennye's  advertisement  in  the  Ro3^1  Gazette,  Oct.  18,  Oct.  22, 
1783.     "  Navigation,  together  with  the  new  Method  of  finding  the  Latitude 


646  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

The  evening  school  advertisements  examined  do  not  contain  infor- 
mation concerning  the  fees  for  instruction  in  the  practical  subjects. 
Nothing  more  definite  appears  than  the  expressions  "  reasonable,"^' 
"  all  at  reasonable  Rates,"^*  and  "  upon  very  reasonable  Terms. "^^ 
We  must  again  rely  upon  the  evidence  of  the  advertisements  of  day 
schools.  Robert  Leeth,  in  1752,  taught  "  Book  Keeping  after  the 
true  Italian  Method,"  for  £4,  "  The  Art  of  Navigation "  for 
£3,  and  "  Mensuration  of  Superficies  and  Solids,  Surveying,  &c 
&c.  at  a  Price  in  Proportion  to  the  other  Branches  of  the  Mathemat- 
icks."^*  If  £4  was  the  prevailing  rate  for  double-entry  bookkeep- 
ing, it  remained  constant  during  the  next  fourteen  years,  at  least; 
John  Young,  in  1766,  advertised  "  Common  Accounts  for  40s., 
Merchants  ditto  after  the  Italian  method  for  £4."''^  The  incomplete- 
ness of  the  records  makes  it  impossible  to  quote  the  fees  for  other 
secondary  subjects. 

In  New  York  City  there  were  many  evening  schools  other  than 
those  belonging  strictly  to  the  types  just  considered.  An  interest- 
ing type  was  the  evening  academy,®"  a  good  illustration  of  which  is 
given  in  the  following  advertisement : 

There  is  a  school  in  New  York,  in  the  Broad  Street,  near  the  Exchange, 
where  Mr.  John  Wahon,  late  of  Yale  Colledge,  Teacheth  Reading,  Writing, 
Arethmatick,  whole  Numbers  and  Fractions,  Vulgar  and  Decimal,  The 
Mariners  Art,  Plain  and  Mercators  Way;  Also  Geometry,  Surveying,  the 
Latin  Tongue,  the  Greek  and  Hebrew  Grammers,  Ethicks,  Rhetorick,  Logick, 
Natural  Philosophy  and  Metaphysicks,  all  or  any  of  them  for  a  Reasonable 
Price.  The  School  from  the  first  of  October  till  the  first  of  March  will  be 
tended  in  the  Evening.  If  any  Gentlemen  in  the  Country  are  disposed  to 
send  their  Sons  to  the  said  School,  if  they  apply  themselves  to  the  Master 
he  will  immediately  procure  suitable  Entertainment  for  them,  very  Cheap. 
Also  if  any  Young  Gentlemen  of  the  City  will  please  to  come  in  the  Evening 


will  be  taught  in  a  short  Time  to  those  who  are  already  acquainted  with 
Figures." 

Messrs.  Gollen  and  Mountain,  in  1774,  taught  "  the  use  of  Davis's  and 
Hadley's  quadrants."  (Rivington's  N.  Y.  Gazetteer,  or  Conn.,  N.  J.,  H.  R., 
and  Quebec  Advertiser,  Oct.  6,  1774). 

"New  York  Gazette  or  Weekly  Post  Boy,  Sept.  8,  Sept.  15,  Sept.  22, 
Oct.  6,  Oct.  13,  Oct.  20,  Oct.  27,  1755.     (James  Wragg) 

"New  York  Mercury,  April  25,  May  2,  1763.     (J.  N.  Hutchins) 

"  New  York  Packet  and  American  Weekly  Advertiser,  Fishkill,  Nov.  20, 
1783.     (Riggs) 

"New  York  Gazette  Revived  in  the  Weekly  Post  Boy,  SepL  8,  Sept.  15, 
Oct.  2,  Oct.  9,  Oct.  16,  Oct.  23,  Oct.  30,  1752. 

"  New  York  Mercury,  May  19,  May  26,  1766 

"The  term  is  here  used  in  the  traditionally  accepted  sense. 


FREE   SCHOOLS  647 

and  make  some  Tryal  of  the  Liberal  Arts,  they  may  have  oppertunity  of 
Learning  the  same  Things  which  are  commonly  Taught  in  Colledges." 

This  is  the  earhest  available  record  of  an  academy  in  New  York 
City,  and  the  fact  that  it  had  evening,  as  well  as  day,  classes,  makes 
it  doubly   interesting. 

Evening  schools  offering  instruction  in  the  ancient  and  modern 
languages  were  by  no  means  uncommon.  In  Thomas  Metcalfe's 
advertisement,  of  1747,  we  find  the  statement  that  "At  the  Same 
Place  in  a  separate  Apartment  will  be  taught  Greek,  Latin,  Rhetoric, 
Prosody  by  a  Person  lately  arrived  from  London,  thoroughly 
acquainted  with  Classical  Authors."*^  In  addition  to  teaching  the 
rudiments,  Garrat  Noel,  in  1751,*^  gave  instruction  in  Spanish, 
Thomas  Ross,  in  1754,  French,  Low-Dutch,  and  Latin,**  and 
Timothy  Wetmore,  in  1777,  Latin  and  Greek.*^  In  schools 
emphasizing  the  practical  subjects,  Gabriel  Wayne,  in  1750,  taught 
Latin,*^  and  Benjamin  Leigh  and  Garrat  Noel,  in  1751,  Latin,  Greek 
French,  and  Portuguese."  John  L.  Mayor,  in  1753,  offered  courses 
only  in  French,  Latin  and  Greek,**  and  Anthony  Fiva,  in  1774,  in 
English,  French,  Spanish,  and  Italian.*"  Fiva  taught  these  subjects 
with  the  view  of  fitting  "  his  pupils  in  a  short  time  to  carry  on  an 
epistolary  correspondence,  so  useful  particularly  to  young  persons 
in  business." 

Other  subjects  that  appear  in  the  curriculums  of  the  period  are 
English,  geography  and  history.  English  was  usually  taught 
"  grammatically ; "  in  fact,  grammar  as  a  foundation  for  all  higher 
work  in  "  English  reading  and  speaking  "  received  a  great  deal  of 
attention  at  this  time.    A  long  advertisement  of  Hugh  Hughes's  plan, 

"American  Weekly  Mercury,  Philadelphia,  Oct.  17-24,  Oct.  24-31,  Oct. 
31-N0V.  7.  1723. 

"  New  York  Evening  Post,  Aug.  3,  1747. 

**  New  York  Gazette  Revived  in  the  Weekly  Post  Boy,  Sept.  2,  Sept.  9, 
Sept.  16,  Sept.  23,  1751.     (Beaver  Street) 

**New  York  Mercury,  Oct.  7,  1754  ("opposite  the  Merchant's  CoflFee 
House"). 

■*  New  York  Gazette  and  Weekly  Mercury,  Jan.  27,  1777  ("  two  Doors 
below  Peck's  Slip"). 

"New  York  Gazette  Revived  in  the  Weekly  Post  Boy,  Aug.  13,  Aug.  27, 
1750. 

"  Ibid,  Jan.  21,  Jan.  28,  1751. 

"New  York  Gazette  or  Weekly  Post  Boy,  Nov.  26,  Dec.  3,  1753  ("near 
the  Long  Bridge"). 

*  Rivington's  New  York  Gazetteer,  or  Conn.,  N.  J.,  Hv  R.,  and  Quebec 
Weekly  Advertiser,  May  19,  May  26,  1774. 


648  THE   UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

in  1772,  throws  considerable  light  upon  the  methods  of  teaching  the 
subject. 

To  the  PUBLIC 
THE  SUBSCRIBER  proposes,  if  encouraged,  to  teach  the  English  Lan- 
guage grammatically.  And,  for  the  Satisfaction  of  those  who  may  be  dis- 
posed to  encourage  such  a  necessary  Mode  of  Education  as  that  of  instruct- 
ing Youth  in  the  grammatical  Knowledge  of  their  native  Tongue,  confess- 
edly is,  he  gives  the  following  sketch  of  a  Plan  which  he  has  adopted. 
When  the  Pupil  can  read  fluently  and  write  a  legible  Hand,  he  will  be  taught 
the  English  Accidence,  or  the  Properties  of  the  Parts  of  Speech,  as  divided 
and  explained  in  the  latest  and  most  eminent  English  Grammarians;  that  is 
DOCTOR  LOWTH,  and  DOCTOR  PRIESTLY,  and  others.  After  which 
he  will  be  taught  how  to  parse  disjunctively,  then  modally,  and  instructed 
in  the  Rules  of  English  Syntax;  and,  when  he  is  sufficiently  skilled  in  them 
to  account  for  the  Construction  of  the  Sentences  in  general,  he  will  receive 
Lessons  of  false  Spelling  and  irregular  Concord  &c.  taken  from  some  classic 
Author,  but  rendered  ungrammatical  for  the  Purpose  of  trying  his  Judg- 
ment. When  he  has  reduced  these  as  near  their  Originals,  as  his  Knowl- 
edge of  Grammar  will  permit,  he  will  be  shown  all  such  irregularities  as 
may  have  escaped  his  Notice,  either  in  the  orthographical  or  syntactical  Part. 
These  Lessons  will  also  be  selected  from  different  Authors  on  various  Sub- 
jects; and  frequently  from  the  Works  of  those  who  are  the  most  celebrated 
for  the  Elegance  of  their  Epistolary  Writings;  as  this  Kind  of  Composition 
is  acknowledged  to  be  as  difficult  as  any,  and  of  greater  utility.  The  erro- 
neous Part  in  every  Lesson  will  likewise  be  modified.  At  one  Time,  it  will 
consist  of  false  Spelling  alone.  At  another  of  only  false  Concord.  The 
next  perhaps,  will  consist  of  both.  The  4th  may  not  be  composed  of  either 
of  them,  but  may  contain  some  Inaccuracies  or  Vulgarisms  &c.  The  Sth 
may  retain  all  the  foregoing  Improprieties,  and  the  last,  none  of  them,  of 
which  the  Pupil  needs  not  to  be  apprised,  for  Reasons  that  are  too  evident 
to  require  a  Recital.  To  the  preceding  Exercises  will  succeed  others  on  the 
Nature  and  Use  of  Transposition — 'The  Ellipses  of  all  Parts  of  Speech, 
as  used  by  the  best  Writers,  together  with  the  Use  of  synonymous  Terms  — 
A  general  Knowledge  of  all  which  joined  to  Practice,  will  enable  Youth  to 
avoid  the  many  orthographical  Errors,  Barbarisms,  inelegant  Repetitions, 
and  manifest  Solecisms,  which  they  are  otherwise  liable  to  run  into,  and  in 
Time,  render  them  Masters  of  an  easy  elegant  Style  by  which  Means  they 
will  become  capable  of  conveying  their  Sentiments  with  Clearness  and  Pre- 
cision, in  a  concise  and  agreeable  manner;  as  well  with  Reputation  to  them- 
selves, as  Delight  to  their  Friends  —  Lastly  tho'  the  pointing  of  a  Discourse 
requires  riper  Judgment,  and  a  more  intimate  Acquaintance  with  the  syn- 
tactical Order  of  Words  and  Sentences  than  the  Generality  of  Youth  can 
be  possessed  of,  to  which  may  be  added  the  unsettled  State  that  Punctua- 
tion itself  is  really  in;  so  that  very  few  precise  Rules  can  be  given,  without 
numerous  Exceptions,  which  would  rather  embarrass  than  assist  the 
Learner:  Yet,  some  general  Directions  may  be  given,  in  such  a  Manner  as 
greatly  to  facilitate  so  desirable  an  Acquisition;  and  they  will  be  attended 
to  on  the  Part  of  the  Tutor,  in  Proportion  to  the  Susception  of  the  Pupil. 


FREE  SCHOOLS  649 

But  he  doth  not  mean  to  insinuate  that  the  most  tractable  of  mere  Youth 
can  be  perfected  in  all  the  Varieties  of  the  Language  in  a  few  Quarters,  as 
Perfection  is  not  to  be  acquired  by  Instruction  alone,  any  more  than  it  is  by 
Practice  without  Instruction.  On  the  Contrary  he  knows  that  it  is  a  Work 
which  requires  considerable  Time  and  close  Application,  on  the  Part  of  the 
Pupil  as  well  as  great  Care  and  Much  Labour,  on  the  Part  of  the  Teacher; 
and  that  all  hasty  Performances  in  Grammar,  have  a  greater  Tendency  to 
raise  a  slender  Superstructure,  than  lay  a  permanent  Foundation.  Much 
more  might  be  said  on  the  Advantage  resulting  from  this  Mode  of  Educa- 
tion, were  they  not  so  very  plain,  that  they  scarcely  require  mentioning,  and 
that  this  is  only  a  Sketch.  However,  it  may  not  be  amiss  to  observe,  that 
the  Pupils  by  continually  searching  of  their  Dictionaries,  in  Quest  of  Primi- 
tives and  their  Derivatives,  as  well  as  the  constituent  Parts  of  compound 
Terms ;  besides  learning  the  Dependence  that  native  Language  has  on  itself ; 
will  also  treasure  up  in  their  Memories  a  vast  Stock  of  Words  from  the 
purest  Writers  And,  what  is  of  infinitely  more  Value,  their  just  Definitions, 
as  every  One  of  this  Class  will  have  Johnson's  Dictionary  in  Octavo.  There- 
fore, if  it  be  true,  that  '  He  who  knows  most  Words,  will  have  most  Ideas,' 
and  that  on  the  '  Right  Apprehension  of  Words  depends  the  Rectitude  of  our 
Sentiments,'  May  it  not  be  presumed,  that  such  a  Plan,  in  its  full  Extent, 
bids  fair  for  improving  the  Minds  of  Youth  in  Necessary  Knowledge,  and 
consequently,  is  likely  to  produce  intelligent  Men  and  useful  Citizens?  The 
Consideration  of  which,  is,  with  all  due  Deference  most  humble  submitted 
to  the  respectable  Public;  by  its  greatly  obliged  and  very  humble  Servant, 

H.  Hughes. 

P.S.  He  intends,  as  soon  as  Opportunity  will  permit,  to  publish  a  Series 
of  Ratios ;  calculated  for  converting,  by  Multiplication  alone,  any  Sum  of 
New  York  Currency  or  the  Currency  of  any  other  Colony,  into  Sterling;  but 
may  be  equally  useful  for  finding  the  Value  of  a  lower  Currency  in  a  higher; 
when  the  difference  between  them  increases,  or  decreases,  as  it  does  between 
Sterling  and  Currency. 

N.B.  His  Night  School  will  be  opened  on  Monday  Evening  the  6th  of 
Jan.  1772." 

Messrs  Gollen  and  Mountain,  in  1774,  taught  "  the  method  of  read- 
ing and  writing  the  English  language  with  propriety,  so  as  to  avoid 
a  vitiated  pronunciation  and  a  false  orthography,  qualifications  too 
often  neglected  in  the  education  of  youth.""  John  Davis,  in  1778, 
exercised  "  the  greatest  care,  not  only  that  they  shall  learn  to  read 
grammatically,  but  be  taught  properly  and  syntactically ;  whence  they 
can  discover  the  beauty  and  elegance  of  their  mother  tongue;  that 
they  may  be  able  to  construe  what  they  read,  thro'  every  part  of 
speech.     By  this  means,  the  .scholar  is  fully  taught  to  understand 

•"  New  York  Gazette  and  Weekly  Mercury,  Dec.  30,  1771 ;  Ibid,  Jan.  6, 
Jan.  13,  Jan.  20,  Jan.  27,  1772. 

"  Rivington's  New  York  Gazetteer,  or  Conn.,  N.  J.,  H.  R.,  and  Quebec 
Weekly  Advertiser,  Oct.  6,  1778. 


650  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

the  science  of  what  he  reads;  &,  is  enable  to  express  himself  with 
propriety."®* 

Another  popular  type  of  evening  school,  for  "  Young  Gentlemen 
and  Misses  and  Adults  of  both  Sexes,"  was  the  ."  French  Night 
School."  The  records  indicate,  that  by  the  middle  of  the  century, 
French  was  considered  a  "  very  fashionable  and  necessary  language." 
A  notice  of  1757  informs  us  that  "  Young  Gentlemen  and  Ladies 
may  be  taught  the  FRENCH  language  in  a  Manner  the  most  modern 
and  expeditious,  by  one  lately  arrived  from  London,  who  has  made 
his  Tour  through  France."^^  John  Girault,  in  1773,  instructed  "his 
pupils  in  all  the  variations  of  this  polite  tongue,  after  the  rules  of 
the  most  approved  grammars,  founded  on  the  decisions  of  the 
Academy  at  Paris.""* 

"  New  York  Gazette  and  Weekly  Mercury,  Jan.  19,  Jan.  26,  1778. 

See  also  the  Royal  Gazette,  Oct.  18,  Oct.  22,  1783.  "J.  Mennye,  At  No.  32 
Gold-Street,  Corner  of  Beekman-Street,  proposes  to  open  an  Evening  School, 
the  2ist  Instant;  in  which,  and  in  the  Day-School,  the  following  Branches 
of  Education  will  be  taught :  The  English  Language  agreeable  to  the  Rules 
laid  down  by  the  most  approved  Grammarians,  and  that  the  Memory  may  be 
as  little  burthened  as  possible,  the  Rules  are  compressed  in  as  few  Words  as 
the  Nature  of  the  Subject  will  permit;  and,  in  order  that  no  Inconveniency 
may  arise  from  this  Conciseness,  a  greater  Variety  and  Number  of  Examples 
are  given  to  the  Scholars,  by  way  of  Exercises  than  are  to  be  met  with  in 
any  English  Grammar  yet  published ;  Besides,  that  no  Illustration  of  the 
Rules  which  can  possible  be  wanting,  many  Passages  will  be  produced  from 
our  most  celebrated  Authors,  to  prove,  that  they  themselves,  have  in  many 
Instances,  proved  themselves  to  have  been  ignorant  or  inadvertant  to  several 
of  the  Rules  which  are  now  universally  received  as  Canons ;  whence  this 
Inference  may  fairly  be  drawn,  that  English  Grammar  has  hitherto  been  too 
much  neglected." 

"  New  York  Gazette  or  Weekly  Post  Boy,  Oct.  17,  Oct.  24,  Nov.  21,  Nov. 
28,  Dec.  19,  1757. 

Ibid,  Jan.  30,  Feb.  6,  Feb.  20,  March  6,  1758  (John  Philipse:  "every 
Evening,  from  the  Hour  of  Five  till  Eight"). 

New  York  Gazette  and  Weekly  Mercury,  Jan.  10,  1780.  "  THE  FRENCH 
LANGUAGE  Taught  in  the  most  perfect  and  easy  Manner,  by  THOMAS 
EGAN  Whose  residence  for  many  years  in  some  of  the  first  compting-houses 
in  France,  enables  him  to  assure  those  Ladies  and  Gentlemen,  who  please 
to  receive  his  instructions,  that  they  will  not  be  disappointed  in  his  abilities." 
(30  King  Street) 

"*  Rivington's  New  York  Gazetteer,  or  Conn.,  N.  J.,  H.  R.,  and  Quebec 
Weekly  Advertiser,  Sept.  16,  Sept.  23,  Oct.  7,  Oct.  14,  1773. 

New  York  Gazette  and  Weekly  Mercury,  Sept.  9,  Sept.  16,  Sept.  23,  1771 ; 
Ibid,  Sept.  7,  Sept.  14,  Sept.  21,  Oct.  12,  Oct.  19,  1772  (John  Girault,  "upper 
End  of  Stone  Street"). 

Rivington's  New  York  Gazetteer,  or  Conn,,  N.  J.,  H.  R.,  and  Quebec 
Weekly  Advertiser,  Oct.  26,  Nov.  9,  Nov.  16,  1775.  Francis  Vandale,  "  next 
door  to  Mr.  Rivington."  taught  "  French  and  other  languages." 


FREE  SCHOOLS  65 1 

The  advertisements  do  not  give  definite  information  concerning 
the  rates  of  instmction  in  the  languages.  Francis  Vandale,  in  I775> 
in  his  "  day  and  evening  school."  taught  "  French  and  other 
langu^es  ...  at  very  reasonable  rates,  "  i.  e.,  £2  "  a  piece 
iYz  entrance)  a  quarter."""'  More  detailed,  but  equally  indefinite, 
information  is  available  for  the  tuition  fees  of  day  schools.  Robert 
Leeth,  in  1751,  taught  "  Latin,  Greek,  and  the  most  useful  Branches 
of  the  Mathematicks  at  a  Pistole  per  Quarter,  exclusive  of  a  Pistole 
Entrance  as  has  always  been  the  Custom  at  Grammar  Schools  in 
this  City.""®  William  Clajon,  in  1766,  announced  that  "  My  terms 
are  as  follows,  viz.  For  the  French,  Latin  and  Greek  Languages, 
besides  English  Grammar,  &c.  .  .  36s.  entrance  and  20s.  per 
Quarter.  .  .  I  will  teach  .  .  .  for  24s  per  Month,  and  24s 
entrance,  those  of  riper  Years  who  incline  to  learn  the  French 
Language."®"  In  the  same  year,  Edward  Riggs  taught  "  the  Latin 
and  Greek  languages  .  .  .  rhetoric,  geography,  &c.  .  .  with- 
out entrance,"  for  "  five  pounds  a  year."^*  Josiah  Stoddard,  in 
1770,  gave  instruction  in  the  "  Latin  and  Greek  Languages  .  .  . 
for  the  small  sum  of  four  or  five  and  twenty  pounds  per  ann,"®" 
and  John  Copp,  in  1774,  announced  that  for  "  the  Latin  and  Greek 
languages,  and  arithmetic.  .  .  Reading,  and  Writing,  and  the 
principles  of  English  grammar.  .  .  The  price  of  tuition  will 
not  exceed  fifteen  dollars  yearly;  no  entrance  fee  expected."^"" 

The  evening  .school  of  colonial  New  York  was  a  unique  institu- 
tion. Whatever  its  typq,  it  provided  "  at  convenient  Hours,"  for 
those  "  who  cannot  attend  in  the  Day  Time."  In  some  cases  it  was 
patronised  by  pupils  who  attended  "  other  Places  of  Education  at 
different  Periods,  for  other  purposes."  From  these  standpoints  alone 
it  rendered  a  distinct  service  to  the  period  in  widening  the  scope  of 
educational  opportunity. 

The  most  popular  evening  school  was  the  one  that  gave  instruc- 


*  Rivington's  New  York  Gazetteer,  or  Conn.,  N.  J.,  H.  R.,  and  Quebec 
Weekly  Advertiser,  Oct.  26,  Nov.  9,  Nov.  16,  1775. 

•*  New  York  Gazette  Revived  in  the  Weekly  Post  Boy,  Sept.  18,  Sept.  25, 
Oct.  2.  Oct.  9.  Oct.  16,  Oct.  2i,  Oct.  30,  1752. 

"New  York  Mercury.  May  19,  May  26,  1766.  ("Consistory  Room  of  the 
French  Church  ") 

"Ibid,  May  26,  1766.     (Kingston) 

*  New  York  Gazette  and  Weekly  Mercury,  Oct.  22,  Oct.  29,  Nov.  5,  Nov. 
26,  1770.   (Kingston) 

^"  Rivington's  New  York  Gazetteer,  or  Conn.,  N.  J.,  H.  R.,  and  Quebec 
Weekly  Advertiser,  July  7,  July  14,  July  21,  1774.     (Flatbush) 


652  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

tion  in  the  "  practical  branches."  New  York  was  a  city  of  many 
trade  and  commercial  activities,  operating  on  land  and  sea;  and  the 
advertisements  indicate  that  higher  technical  instruction  was  needed 
to  prepare  young  men  for  these  pursuits.  Trade-training  was  pro- 
vided by  the  apprenticeship  system,  but  that  institution  could  not 
adequately  equip  apprentices  "  for  business  either  as  mechanic, 
merchant,  seaman,  engineer,  etc."^°^  Very  few  men,  outside  the 
teaching  profession  were  capable  of  giving  thorough  courses  in 
arithmetic,  algebra,  geometry,  trigonometry,  astronomy,  geography, 
navigation,  surveying^  bookkeeping  etc. ;  and  fewer  could  spare  the 
time.  Furthermore,  merchants,  engineers  and  ship-owners  were 
demanding  that  the  young  men  entering  their  employ,  have  this 
technical  preparation.  Undoubtedly,  these  schools  exercised  an 
appreciable  influence  in  the  direction  of  raising  the  "  entrance 
requirements  "  of  many  pursuits.  They  were  the  commercial  schools, 
or  business  colleges,  of  the  colonial  period.  Their  contribution  con- 
stitutes a  valuable  chapter  in  the  history  of  trade,  as  well  as  in  the 
history  of  education,  in  colonial  New  York  City. 

*"  New  York  Mercury,  May  6,  May  13,  May  20,  Sept.  30,  Oct.  7,  1765. 


FREE   SCHOOLS 


653 


Chapter  15 

NEW  YORK  COLONIAL  SCHOOLMASTERS 

(From  the  first  English  Occupation  to  the  Evacuation) 

1664-1783 

Robert  Francis  Seybolt,  Ph.D. 

University  of  Wisconsin 

Although  this  list  of  schoolmen  has  no  direct  bearing  upon  the 

history  of  the  free  school  movement,  yet  we  must  appreciate  the 

part  they  played.    History  is  probably  the  best  proof  as  to  the  part 

schools   have   played   in    its   making.      We   can   probably,   without 

injustice,  attribute  a  great  deal  to  these  schoolmen  as  being  among 

those  who  from  the  beginning  were  conscious  of  the  responsibility 

the  State  had  in  the  education  of  its  youth,  and  this  probably  laid 

in  the  minds  of  the  young  the  principles  that  came  to  pass  in  the 

generations  to  come. 

Name  Date 

1  Evert  Pietersen  ( 1664-1669 

2  Johannes  la  Montagne ( 1664-1670 

3  John  Schutte   ( 1665 

4  Willem  la  Montagne (1666 

5  Jan  Tiebout (1666-1670,  1681-82,   1685-98 

6  Abram  de  La  Noy (1668-1702 

7  Philip  Alcock (1669 

8     Moulding  (1669 

9 
10 
II 
12 
13 
T4 


Place 

New  York  City 
New  Harlem 
Albany 
Wildwyck,     Ulster 

CO. 

Flatbush  and  New 

Harlem 
New  York  City- 
Jamaica 
Hempstead 
Hempstead 
Hempstead 
Flatbush 
New  Harlem 
Flatbush 
New  York  City 

'  The  Records  of  New  Amsterdam  (B.  Femow,  editor.  7  v.  N.  Y.,  1897),  V.  137;  VI, 
•  68. 

»W.  H.  Kilpatrick,  The  Dutch  .Schools  of  New  Netherland  and  Colonial  New  York 
(U.   S.   Bureau  of  Education.   Bulletin   1912,  No.   12),   133,   160. 

*  The  Annals  of  Albany   (J.  Munsell,  editor.   10  v.  Albany,   1850—59),  III,  327. 

*  Olde  Ulster   (B.  M.    Brink,  editor.  10  v.   Kingston,   X.  Y.,   1905-1914),  X,  69. 
'Kilpatrick.  167.  172.   174. 

•Abstracts  of  Wills,   i66s-:686   (17   v.  N.   Y.  Hist.   Soc.   Coll.    1892-1908),  I,  .14*- 
^  Records  of  the  Town  of  East  Hampton,  N.  Y.   (4  v.  Sag  Harbor,   1887— JB9),   I,  32a. 
» D.    J.    Pratt,    Annals    of    Public    Education    in    the    State    of    New    York,    1626— 1746 
(Albany.   1872).   ■;8. 

*  Pratt.  "iS. 
"  Pratt,   122. 
"Kilpatrick,    167,  170. 
"Kilpatrick,    160.    164. 
"  Pratt.  63. 

'♦Minutes  of  the  Common  Council  of  the  City  of  New  York,  1675—1776  (8  v.  New 
York,    1905),   I,   22—23. 


Richard  Charlton   ( 1670 

Richard  Gildersleeve  (1670 

Jacob  Joosten    ( 1670-1676 

Hendrick  Jansen  Van  der  Vin (1670-1685 

Michael  Hainelle    ( 1674-1675 

Kbenezer  Kirtland   (1674-1676 


^^54 


THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 


Name  Date 

15  John  Laughton    ( 1675 

16  Mathew   Hillyer    ( 1676 

17  Asher  Long   (1676 

18  Lmkas  Gerritse   (Wyngaard) (1676 

10  Arien  Appel ( 1676 

20  Jan  Becker   ( 1676 

21  Gerret  Swartt    ( 1676 

22  Jan  Gerritz  Van  Marken ( 1676-1680 

23  Richard  Jones    ( 1677 

24  Rem   Remse ( 1677 

25  Thomas  Webb (1678 

26  Derick  Storm  ( 1680-1681 

27  John  Bowne  ( 1680-1693 

28  Dirck  Wessels   (1681 

29  Peter  Benson   ( 1682-1683 

30  Johannes  Van  Ekelen ( 1682-1700 

31  Goody  Davis   ( 1685 

^2  Rachel  Spencer   ( 1685 

ii  Henry  Harrison   ( 1685 

34  Charles  Gage   ( 1686-1687 

35  Jores  Van  Spyk   ( 1687-1688 

36  Guilliam  Bertholf  (1690-1691 

i7  Johannes   Schenk    ( 1691-171 1 

38  Joost  de  Baare (1692 

39  Daniel  Martineau   ( 1692-1700 

40  David  Vilant    ( 1693-1697 

41  John  Mowbray   ( 1694 


Place 

Jamaica 

New  York  City 

New  York  Citj' 

Albany 

Albany 

Albany 

Albany 

Flatbush 

Jamaica 

Flatbush 

Oyster  Bay 

Flatbush 

Flushing 

Marbletown,  Ulster 

CO. 

East  Hampton 
Flatbush 
Jamaica 
Hempstead 
New  York  City 
New  York  City 
Flatbush 
New  Harlem 
Flatbush  and   New 

York  City 
New  Utrecht 
Flatbush 
New  York  City 
Southampton 


Item   dated   April    11,    1676.     (Manu- 


1656-1751   (Brooklyn,   1914,  3  v.),  I.  6j>. 
1916),   1,   335. 


'*  East   Hampton   Records,  I,  380. 

'•  Min.     Com.    Coun.     City    of    X.     Y.,     I,    24. 

"  Mayor's  Court  Minutes,    Nov.    1675— Nov.    1677. 
script    folio.     Pages    not    numbered.) 

"  Pratt,  62. 

'»  Pratt,  62. 

»•  Pratt,   62. 

"  Pratt,   62. 

"  Kilpatrick,    170,    172. 

*'  Records  of  the  Town  of  Jamaica,  N.  Y., 

"  Pratt,  64- 

"  Oyster  Bay  Town  Records  (v.    i,    X.    Y., 

»  Pratt,  63. 

»"  Pratt,   68. 

»01de  Ulster,  II.  60;   X,  69. 

"East    Hampton    Records,   II,    107.    131. 

■"^  Kilpatrick,    174,    X76,    177;   Pratt,  63. 

•*»  Pratt.  60. 

"  Pratt.  60. 

»*  Pratt.   71. 

»«  Pratt,   71. 

»  Kilpatrick,    189. 

"•  Kilpatrick,    165. 

*"  Kilpatrick,    176.    J77;    Pratt,   63;    Roll   of   Freemen   of   New    York   City, 
N.   Y.  Hist.  Soc.  Coll.   1885,  p.   39-443).   7i. 

"Calendar    of    New    York    Historical    Manuscripts    (E.    B.    O'Callaghan,    editor.    P.    2, 
Albany,   1866),  226. 

"»  Kilpatrick,    189. 

*•  Min.  Com.  Coun.  City  of  N.   Y.,   II,   21. 

«  Pratt,  75. 


1675— 1866   (in 


FUEE    SCHOOLS 


655 


Name  Date 

42  William  Huddlestone (1695,  1702-1725 

43  Isaac    Selover    ( 1695-1708 

44  Alexander  Paxton   ( 1698 

45  Adrian  Vermeule   ( 1699 

46  W  illiam  de  Meyer ( 1700 

47  Comelis  Bogardus   ( 1700 

48  Jan   Langestraat    (1700-1706 

49  Peter  Bontecou   ( 1702 

50  Robert  Parkinson  (1702 

51  John   Sellwood    , (1702 

52  Paiilus  Van  Vleck (1702 

53  Dan  Thwaites   ( 1703 

54  Evert  Ridder   ( 1703 

55  Andrew  Foucautt  ( 1703 

56  Stephen  Gasheris (1704 

57  Joseph  Cleator (1704-1731 

58  George  Muirson   (1704 

59  Prudent  de  la  Fayole ( 1705 

60  Andrew  Clarke   (1705 

61  Henry  Lindley  ( 1705 

62  Elias   Bon   Repos ( 1705 

63  Elizabeth  Hand   ( 1706 

64  Alexander  Baird (1706,   1708 

65  Edward  Fitzgerald  (1706 

66  James  Jeffray ( 1706 

67  Thomas  Barclay (1707-1722 

68  John  Stevens  (1708 


Place 

New  York  City 

Flatlands 

New  York  City 

New  Harlem 

Albany 

Albany 

Flatbush 

New  York  City 

New  York  City 

New  York  City 

Kinderhook 

New  York  City 

Albany 

New  York  City 

Kingston 

Rye  and  New  York 

City 
New  York  City 
New  York  City 
New  York  City 
Jamaica 
New  Rochelle 
East  Hampton 
Hempstead 
Westchester 
New  York  City 
Albany 
New  York  City 


"Abstracts  of  Wills,  VII,  55;  W.  W.  Kemp,  The  Support  of  Schools  in  Colonial  New 
York  by  the  Society  for  the  Propagation  of  the  Gospel  in  Foreign  Parts  (New  York, 
1913))  80i  92;   Pratt,   112. 

*»  Pratt,   69.   117. 

♦•  Roll  of  Freemen  of  N.  Y.  City,  62. 

*  Kilpatrick,    165. 

*•  Annals  of  Albany,   IV.    100. 

*'  Annals  of  Albany,  IV,  106. 

•Kilpatrick,    189. 

•Roll   of  Freemen  of  N.  Y.   City,  83. 

•"Roll  of  Freemen  of  N.  Y.   City,  76. 

"  Roll  of  Freemen  of  N.   Y.   City,  82. 

'•  E.  B.  O'Callaghan,  The  Documentary  History  of  the  State  of  New  York  (4  v. 
Albany,    1849—51),  III,  894. 

"Roll  of   Freemen  of  N.   Y.   City.  85. 

**  Annals  of  Albany,  IV,  J77;  Ecclesiastical  Records  of  the  State  of  New  York  (6 
V.  Albany,   1901-1905),  III,   1522;   Pratt,  90. 

»  Pratt,  00. 

"  Pratt,  9 1. 

•'Pratt.  07,  114:  Kemp.  77,  122,  126;  A  List  of  Emigrant  Ministers  to  America, 
1600— 181 1    (G.  Fothergill.  London,   1904),  20 

"Ecclesiastical   Records,  III,  1552;  Pratt,  87. 

"  Pratt,  92. 

•"  Min.  Com.  Coun.  City  of  N.  Y.,  Ill,  69;  Kemp,  72;  A  List  of  Emigrant  Ministers 
to  America,  20. 

•»  Pratt,  91. 

"  Pratt.  02. 

"East   Hampton    Records.   Ill,   154. 

•*  Pratt.   Q2. 

*  Pratt,   9.1. 
"  Pratt.   92. 
•*  Kemp,    197. 
"  Kemp,  77. 


656 


THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 


69 


Name 
Thomas  Meeken 


Date 

(I70&-I709) 


70  John   Bashford    ( 1708 

71  Cornelius  Lodge  (1708 

72  John  Humphreys   (1708 

TZ  Thomas  Huddlestone (1708;   1714;   1725-31 

74  Daniel   Clarke    (1710 

75  Adam  Brown (1710-11  to  1712-13 

76  Jan  Gancell (1711-1719 

^^  AUane  Jarrat  (1712 

78  Francis  Williamson  (1712-1713 

79  John  Dupuy  ( 1712-1713 

80  Benjamin   Drewitt   (1712-1713 

81  Thomas  Potts   (1712-1713 

82  Charles  Glover   (1713-171S 

83  Robert  Macbeth    (1713 

84  Benjamin  Miller  (1713-1715 

85  Thomas  Gildersleeve (1713-14  to  1739-40 

86  Charles  Taylor   ( 1714-1742 

87  John   Conrad  Codwise (1715 

88  James  Battersby  (1715 

89  Robert  Jenney  (1716-1722 

90  David  Jamison    ( 1716 

91  Jacobus  Goelet    ( 1717 

92  William  Forster   ( 1717-1744 

93  Samuel  Jones    (1718-1719 

94  Pieter  Van  der  Lyn ( 1719 

95  Jones ( 1719-1720 

96  Adriaen  Hegeman   ( 1719-1741 


Place 

Jamaica  and  Flush- 
ing 

New  York  City 

New  York  City 

New  York  City 

Southold,  Rye  and 
New  York  City 

Westchester 

Staten  Island 

Flatbush 

New  York  City 

Staten  Island 

Staten  Island 

Staten  Island 

Staten  Island 

Westchester 

Huntington 

Staten  Island 

Hempstead 

Staten  Island 

New  York  City 

Flushing 

New  York  City 

New  York  City 

New  York  City 

Westchester 

Yonkers 

New  York  City 

Westchester 

Flatbush 


"•Kemp,  77;  Pratt,  94. 

'"  Kemp.  77. 

"  Kemp,  TT. 

"  Kemp,  78. 

"Kemp,  77,  92;   Pratt,  112,   116. 

'*  Pratt,  114. 

"  Pratt,  113. 

"Pratt,  63. 

'•  Pratt,  93. 

"Pratt,  113;    Kemp,    165. 

'•Pratt,  113;   Kemp.   165. 

••Pratt,  113. 

"  Kemp,  165. 

•*  Pratt,    114:   Kemp.    146. 

*•  Huntington  Town  Records,    1653-1688   (3  v.   Huntington  and   Babylon,    1887),   II,  310. 

•*Pratt.   113;  Kemp.  i6s. 

•*  Pratt,    III;    Kemp.    174. 

"•Kemp,    1 66:   Pratt,   113. 

"  Mayor's  Court  Minutes,  May  24,   1715,  to  April  29,   1718,  26. 

"Pratt,   121;  Cal.  N.  Y.  Hist.  MSS.,  427- 

'•  Kemp,  74. 

•»  Pratt,    122. 

"  Mayor's   Court  Minutes.   May  24,   1715,  to  April   29,   1718,   317. 

»*  Pratt,    114;   Ecclesiastical   Records,   III,   2140;    Kemp,    I47' 

"  Kemp,    160— I. 

•*  Mayor's  Court  Minutes,  May   1718  to  June  1720,   232. 

»»  Pratt,   113. 

••  Kilpatrick,  181.  182. 


FREE  SCHOOLS 


657 


Name  Date 

97  Peter  Parvisol  ( 1720 

98  Johannes   Glandorf    ( 1721 

99  Georgius  Sheriosby  (1721 

100  George  Browning  (1721 

loi  George  Brownell (1722,  1731,  1733 

102  William  Glover   (1722 

103  James  Loquart ( 1722 

104  Thomas  Lynstead  (1723 

105  James  Weeks  ( 1723 

106  John  Carhart  (1723 

107  James  Wetmore (1723-24  to  1724-25 

108  Daniel  Denton (1724-25  to  1730-31 

109  Peter  Finch  (1725 

no  Jonathan  Sherer  (1725 

1 1 1  Thomas  Colgan (1725-26  to  1729-30 

112  Barend  de  Forest (1725-1732 

113  Flint  Dwight (172&-1735;   I735-I745 

114  Johannes  Glundorff  (1728 

115  Edward  Gatehouse (1728,  1731,  1740 

1 16  Mitchell    Somersett    ( 1729 

1 17  James   Delpech    ( 1729 

1 18  Edward  Davies  ( 1729-1735 

119  Edward   Willett (1729-30  to   1741-42 

120  Charlton (1729-30  to   1743-44 

121  Samuel  Purdy (1729-30  to  1752-53 

122  Thomas  Keble (1730-1748 

123  James  Lyde   (1730 

124  John  Beasley  (I730-1734 


Place 

New  York  City 
Albany 
Westchester 
New  York  City 
New  York  City 
New  York  City 
Jamaica 
Oyster  Bay 
New  York  City 
Rye 

New  York  City 
Oyster  Bay 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
Rye     and     White 

Plains 
New  York  City 
New  York  City 
New  York  City 
East  Chester 
Southampton 
Jamaica 

New  York  City 
Rye 

Oyster  Bay 
New  York  City 
Albany 


"  Liber  29   (manuscript  folio  in  library  of  N.  Y.  Hist.  Soc.),  63. 

•"  Annals  of  Albany,  VIII,   262. 

"•Pratt.   118. 

»"» Mayor's  Court  Minutes,   May  1720  to  August   1723,   179. 

'"Liber  29,  145;  New  York  Gazette,  Jime  14  to  June  21,  1731;  New  York  Wedcly 
Journal.  Feb.  18,  Feb.  25.  March  4,  March  11,  1733. 

'"Roll  of  Freemen  of  N.  Y.  City,  102. 

»"  Pratt,  118. 

'••Pratt,    118. 

"•  Roll  of   Freemen   of  N.   Y.    City,    103. 

"•Pratt,   114. 

'•^  Pratt,  113. 

"*  Pratt,   tii;  Kemp,   183. 

'••  Roll  of  Freemen  of  N.  Y.  City,  106. 

»»  Roll  of  Freemen  of  N.  Y.  City,  105. 

""Pratt,  113. 

"•  Kilpatrick,    150-151. 

"•Pratt.   114,    116;   Kemp,    142,    143. 

"•Roll   of  Freemen   of  N.   Y.   City,    iii. 

"'Roll  of  Freemen  of  N.  Y.  City,  11 1;  New  York  Gazette,  Oct.  4  to  Oct.  11,  1731, 
New  York  Weekly  Journal,  March  24,  March  31,  April  7,   1740. 

"•Mayor's  Court  Minutes, Jan.  26,  1724  to  June  1729  (Manuscript  folio,  in  N.  Y.  Hall 
of   Records). 


"'  Kemp,  161. 
"*  Pratt,  hi; 
"•Pratt,  in: 
"•Pratt,  113. 
«»  Pratt.  114; 
»*»  Pratt,    hi; 


Kemp.  191. 
Kemp.  1 88. 


Kemp,  67.  130-131. 

Kemo.  185. 

'^  New  York  (Jazette,  Aug.  31  to  Sept.  7,  1730. 
"•Kemp,  200;  Pratt,   iii. 

42 


658 


THE   UNIVERSITY    OF   THE   STATE    OF    NEW    YORK 


Name  Date 

125  Thomas  Noxon ( 1730-31  to  1742-43 

126  William  Rock    ( 1731 

127  Alexander   Malcolm    (1732-1739 

128  William  Thurston    (1732 

129  Gerrit  Van  Wagenen ( 1732-1742 

130  Peter    Stoughtenburgh    ( 1735 

131  Daniel    Shatford    ( 1735 

132  John   Cavalier    ( 1736 

133  Charles    Henley    ( 1737 

134  Joshua   Ring    (1737 

135  Walter   Hetherington    ( i739 

136  Thomas  Temple (i739-40  to  1752-53 

137  James    Foddey    (1740 

138  Thomas  Allen  (1740-41,  1752 ;  1763 

139  John   Campbell    ( 1741 

140  John   Ury    ( 1741 

141  John  Moore   ( 1741-1743 

142  Jores  Remsen    ( 1741-1755 

143  Henry  Peckwell ( 1741-1769,   1771 

144  Elward  Mariner    ( 1742 

145  Andrew  Wright    ( 1742-1748 

146  Samuel   Seabury   ( 1742-1764 

147  Abraham  de  Lanoy (1743-1747 

148  Huybert  Van  Wagenen ( 1743 

149  Samuel    Dunlop    ( 1743-1744 

150  Basil  Bartowe (1743-44  to  1760-61 

151  Thomas  Hildreth (1743-44  to  1775-76 


Placf 

New  York  City 
Jamaica 

New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
Hempstead 
New  York  City 
New  York  City  and 

Cortlandt 
New  York  City 
New  York  City 
Jamaica 
Flatbush 
New  York  City 
New  York  City 
Staten  Island 
Hempstead 
New  York  City 
New  York  City 
Cherry   Valley 
Westchester 
New  York  City 


"•Pratt.  112;  Kemp,  97.  100. 

"•Pratt,    118. 

>"  Kemp,   73;   Pratt,    124-141;   Min.   Com.   Coun.  City  of  N.  Y.,  IV,    174-5- 

'"  New  York  Gazette.  Aur.  28  to  Sept.   4,    1732. 

*"  Kil  Patrick,    151—2. 

"•Roll  of  Freemen  of   N.   Y.  City,    127. 

">  Roll  of  Freemen  of  N.  Y.   City.   128. 

"*  Roll  of  Freemen  of  N.  Y.  City,  130;  Mayor's  Court  Minutes,  Feb.,  1735  to  Au«t.. 
1742,  48.     (Manuscript  folio,  in  N.  Y.  Hall  of  Records). 

'="  Roll  of  Freemen  of  N.  Y.  City,  131;  Mayor's  Court  Minutes,  Feb.,  1735  to  Aug.. 
1742.  100. 

"*  New   York  Weekly  Journal,  April   4,   April    11,    1737. 

»»  Pratt,  142;  Cal.  N.  Y.  Hist.  MSS..  538. 

"•Pratt,    111;   Kemp,    176—7. 

i»7  New  York  Weekly  Journal,  March  24,   March  3 1 ,  April   7,  1 740.    • 

"•Roll  of  Freemen  of  N.  Y.  City,  142;  Abstracts  of  Wills,  VIII,  235;  Mayor's  Court 
Minutes,  Feb.,  1735  to  Aug.,  1742,  432;  New  York  Gazette  Revived  in  the  Weekly  Post- 
Boy,   March    16,   March   23,  April  6,    1752. 

"•Cal.  N.  Y.  Hist.  MSS.,  552;  New  York  Weekly  Journal,  April  6,  April  13,  April 
27,  May  4,  May   18,  May  25,  May  31,  June   15,  June  22,   1741. 

»«Cal.   N.   Y.  Hist.   MSS.,   SS3,  565- 

**•  Pratt.   II I ;  Kemp,    ifio. 

»*»  Kilpatrick,    182. 

!•  Abstracts  of  Wills,  VI,  106.  307;  VII,  56,.  304;  Roll  of  Freemen  of  N.  Y.  City, 
209  New  York  Gazette  and  Weekly  Mercury,  April   15,   April  22,  May  6,   1771. 

>♦*  Roll  of  Freemen  of  N.  Y.  City,  144;  Mayor's  Court  Minutes,  Feb.  1735  to  Aug. 
1742,    S7I. 

'«  Pratt.    113;    Kemp.    168. 

»««Kemp,   182. 

'"Ecclesiastical    Records,    IV,   2828-9;    Kilpatrick,    153. 

•"  Pratt,    1 44 ;   Ecclesiastical  Records,  IV,  2938. 

'•Pratt.   14.1- 

""Pratt,   114;   Kemp,    153. 

"*  Pratt,    112. 


FREE  SCHOOLS 


659 


Name  Date 

152  Charles  Johnston (1744,  1748,  1752 

153  Abraham    De   Lancey (i744 

154  John    Carhart    ( 1744-1770 

155  Joseph  Hildreth   ( 1744-1776 

156  William   Sturgeon    ( 1745-1746 

157  George  Gorden    (1745-1761 

158  Malcolm  Campbell   ( 1746 

159  Christian  Schultz  ( 1746,  1769 

160  George   Bingham    (i747 

161  Joseph  Blanchard  ( 1747 

162  Thomas  Metcalfe (i747 

163  Henry   Moore    ( 1747 

164  Augustus  Vaughan    ( 1747 

165  Archibald  McEuen ( 1747,  1750 

166  Charles  Johnson  ( 1747 

167  Samuel  Auchmuty (1747-48  to  1763-64 

168  Cornelius  Linch (1748 

169  Seabury   ( 1749 

170  John  Clarke   (1749-1750 

171  Thomas   Evans    (1749-1750 

172  Daniel   Bratt    ( 1749-1754 

173  Nicholas  Barrington (1749-52;  1752,  55,  57 

174  Richard  Smith ( 1749-50,  I753-I7S7 

175  Mary   Giles (l749,   1761 


Place 
New  York  City 
New  York  City 
Rye 

New  York  City 
Rye 
Rye 

New  York  City 
Rhinebeck 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
Oyster  Bay 
Brooklyn 
New  York  City 
New  York  City 
Staten    Island    and 
New  York  City 
New  York  City 
New  York  City 


>"  New  York  Weekly  Post-Boy,  March  s,  1744;  Records  of  the  Town  of  New  Rochelle, 
1699— 1828  (J.  A.  Forbes,  editor.  New  Rochelle,  1916),  273;  New  York  Gazette  Revived 
in  the  Weekly  Post-Boy,   May   11,  May   18,  May  25,  June   i,   1752. 

'"Roll   of   Freemen  of   N.    Y.   City,    151. 

'**  Abstracts  of  Wills,   VI,   176,  254,  425;   Ibid,  VII,    10,  247,   383. 

'"Roll  of  Freemen  of  N.  Y.  City,  165;  Abstracts  of  Wills,  VI,  24;  Calendar  of  Wills, 
1626— 1836   (B.   Fernow,  editor.   X.    Y.,    1896),   161;   Kemp,    106. 

>»•  Pratt,   114. 

'"Abstracts  of  Wills,  VI,   77,   128. 

"*Roll  of  Freemen  of  N.  Y.  City,   156. 

"•Abstracts  of  Wills,  V,  420;   Ibid,  VII,   333;   Calendar  of  Wills,  224. 

'"New  York  Evening  Post,  Aug.  3,   1747. 

'"  New  York   Evening  Post,  Aug.  3,   1 747. 

'"*  New   York   Evening   Post.   Aug.    3.    1747. 

'"  New  York   Gazette  Revived  in  the  Weekly   Post-Boy,   June   i,   June  8,   1747. 

'"*  New  York   Evening  Post.  Oct.  26.   1747. 

""Roll  of  Freemen  of  N.  Y.  City,  159;  The  New  York  Gazette  Revived  in  the  Weekly 
Post-Boy,  Aug.  6,  Aug.   13,  Aug.  27,   1750. 

"•Roll  of  Freemen  of  N.  Y.  City,   158. 

'w  Pratt,   113. 

'"New  York  Gazette  Revived  in  the  Weekly  Post-Boy,  July  4,  July  11,  July  18,  July 
25.    1748. 

'"Kemp,   186. 

""New  York  Gazette  Revived  in  the  Weekly  Post-Boy,  Dec.  4,  Dec.  11,  Dec.  18,  1749; 
Jan.   I,   Jan.  8,   1750. 

'"New  York  Gazette  Revived  in  the  Weekly  Post-Boy,  Dec.  18,  Dec.  25,  1749;  Jan.  i, 
Jan.  8.   I7S0. 

•^Ecclesiastical   Records,  IV,   3025;   Kilpatrick,   153. 

"» Pratt,  113;  Kemp,  169;  New  York  Gazette  Revived  in  the  Weekly  Post-Boy,  Nov. 
'3,  1752;  New  York  Mercury,  May  19,  June  2,  1755;  New  York  Gazette  or  Weekly 
Post-Boy,   May  29,  June  6,  June   13,   June  20.  June  27.   July  4,   1757. 

"♦New  York  Gazette  Revived  in  the  Weekly  Post-Bov.  Dec.  25,  1749;  Ibid.  Jan.  i, 
Jan.  8,  Jan.  15,  Jan.  22,  Jan.  29,  1750;  Abstracts  of  Wills.  V,  246;  New  York  Gazette 
or  Weekly  Post-Boy,  April  23.  April  30,  Tune  11,  June  18,  June  25,  July  2,  July  9,  July 
16.    1753;    Ibid,  Feb.   16,   March  8,    1756. 

'»  Abstracts  of  Wills,  VI,  65. 


660  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Name  Date  Place 

176  James  Giles (x749,  1758-59,  1761-62)  New  York  City 

177  William   Wilson    (i75o)  New  York  City 

178  Gabriel  Wayne   (1750)  New  York  City 

179  Michael  C.  Knoll (1750)  New  York  City 

180  Reinhold  Jan   Klockhoff (1751)  New  York  City 

181  Benjamin  Leigh   ( 1751)  New  York  City 

182  Jan  Paulus  Ostome (i75i)  New  York  City 

183  Edward   Smith    (1751)  New  York  City 

184  Garrat  Noel  ( 1751-1753)  New  York  City 

185  Robert  Leeth (1751-1752,   1755)  New  York  City 

186  John   Nathan  Hutchins (1751-52,   1755,    1763, 

1765,  1770,  1772)  New  York  City 

187  Rebecca   Furman    (1752)  New  York  City 

188  John  Baptiste  Guerbois (1752)  New  York  City 

189  James   Hutchins    (1752)  New  York  City 

190  Thomas  Price   (1753-1760)  Staten  Island 

191  John  Lewis    (i753-i754)  New  York  City 

192  John  Lewis  Mayor (i753-i754)  New  York  City 

193  William   Elphinstone (1753-1766,   1775-1776)  New  York  City 


"•Abstracts  of  Wills,  VI,  65;  New  York  Gazette  or  Weekly  Post-Boy,  March  27, 
April  3,  April  17,  May  i,  1758;  Ibid,  April  30,  May  14,  May  21,  May  28,  '759;  New 
York  Mercury,  Sept.  7,  Sept.  14,  Sept.  21,  1761;  New  York  Gazette  or  Weekly  Post-Boy, 
Sept.   2,   Sept.   23,   Sept.  30,   1762. 

m  New  York  Gazette  Revived  in  the  Weekly  Post-Boy,  June  18,  June  25,  July  2,   1750. 

iT»  jjg^  York  Gazette  Revived  in  the  Weekly  Post-Boy,  July  30,  Aug.  6,  Aug.  13,  Aug. 
27,  Sept.    17,  Sept.  24,   1750. 

""  New  York  Gazette  Revived  in  the  Weekly  Post-Boy,  Aug.  6,  Aug.  13,   1750. 

'*"  New  York  Gazette  Revived  in  the  Weekly  Post-Boy,  April  22,   1751. 

"»  New  York  Gazette  Revived  in  the  Weekly  Post-Boy,  Jan.  14,  Jan.  21,  Jan.  28,  1751. 

"*  New  York  Gazette  Revived  in  the  Weekly  Post-Boy,  Aug.  26,  Sept.  2,  Sept.  16, 
Sept.  23.   1751. 

""New  York  Gazette  Revived  in  the  Weekly  Post-Boy,   April  20,    I7SJ- 

"<  Roll  of  Freemen  of  N.  Y.  City,  177;  New  York  Gazette  Revived  in  the  Weekly 
Post-Boy,  Jan.  21,  Jan.   28,  June  3.  June  10,  Sept.  2,  Sept.  9,  Sept.  16,  Sept.  23,  17S1. 

"•New  York  Evening  Post,  May  27,  June  3,  1751;  New  York  Gazette  Revived  in 
the  Weekly  Post-Boy,  June  17,  June  24,  July  8,  July  15,  July  22,  1751;  Ibid,  Sept.  18, 
Sept.  25,  Oct.  2,  Oct.  9,  1752;  N.  Y.  Gazette  or  Weekly  Post-Boy,  May  12,  May  19, 
1755. 

""Roll  of  Freemen  of  N.  Y.  City,  177;  Abstracts  of  Wills,  VI,  147,  225,  ^66;  Ibid, 
VII,  434;  Ibid,  VIII,  12;  Ibid,  IX,  299;  New  York  Gazette  Revived  in  the  Weekly 
Post-Boy,  May  13,  May  27,  June  3,  1751;  Ibid,  June  26,  July  6,  July  13,  July  20,  1752; 
New  York  Mercury,  May  12,  May  19,  i755;  Ibid,  April  25,  May  2,  1763;  Ibid.  Oct.  21, 
Oct.  28,  1765;  New  York  Gazette  and  Weekly  Mercury,  Oct.  22,  1770;  Ibid,  Sept.  21, 
1772. 

"^Abstracts  of  Wills.  VI.  4S0. 

"*  New  York  Gazette  Revived  in  the  Weekly  Post-Boy,  Nov.   6,   Nov.  27,   1 752. 

"•New  York  Gazette  Revived  in  the  Weekly  Post-Boy,  June  26,  July  6,  July  13,  July 
20.    1752. 

'••Pratt,  113;  Kemp,   170. 

'•»  New  York  Gazette  or  Weekly  Post-Boy,  June  a,  Tune  11,  June  25,  July  9,  July  16, 
July  23,  Oct.  IS,  Nov.  26,  Dec.  3,  Dec.  24,  1753;  ibid,  Jan.  7,  Jan.  14,  Jan.  21,  Jan.  38, 
Feb.   II,  Feb.  2%,   1754- 

!••  New  York  Gazette  or  Weekly  Post-Boy,  Nov.  26,  Dec.  3,  1753;  Ibid,  Sept.  30,  Oct. 
14.  Nov.  4,  Nov.   II,  1754. 

'•'New  York  Gazette  or  Weekly  Post-Boy,  Oct.  15,  Oct.  22,  Oct.  29,  Nov.  12,  Nov. 
19.  Dec.  3,  1753:  Ibid.  Jan.  6,  Jan.  13,  Jan.  20,  Jan.  27,  1755;  Ibid,  April  26,  May  10. 
May  17,  1756;  Ibid,  Mav  22,  May  29,  June  5,  June  rz,  June  26,  July  3,  1758;  Parker's 
New    York   Gazette   or    W'eekly   Post-Boy,    Sept.    18,    Oct.    9,    1760;    New   York    Mercury, 

iune  22,  July  27,  Aug.  3,  Sent.  14,  Sept.  21,  Sept.  28.  Dec.  7,  Dec.  14,  1761;  New  York 
lercury,  Jan.  10.  Jan.  17,  Feb.  7,  Sept.  19,  Sept.  26,  Oct.  3.  1763;  New  York  Gazette 
or  Weekly  Post -Boy,  May  17,  May  31,  1764;  New  York  Mercury,  Feb.  4,  Feb.  11. 
March  25.  A'pril  i,  Sept.  23,  Sept.  30,  Oct.  14,  Oct.  21,  176s;  Ibid,  April  14,  May  19, 
Aug.  4,  Aug.  II,  1766;  Rivington's  New  York  Gazetteer  or  The  Connecticut,  Hudson  s 
River,  New  Jersey,  and  Quebec  Weekly  Advertiser,  Aug.  31,  1775;  New  York  Gazette 
and  Weeldy  Mercury,  Jan.    i,   1776. 


VllKK   SCHOOLS 


66i 


Name 
194    Timothy  Wetmore. 


Date 
(1753-1767;    1777) 


195    Adrianus  Van  der  Swan ( 1754 

ig6    Jeremiah  Owen  (i754 

197  Thomas   Ross    ( 1754 

198  John   Cooper    ( 1755 

199     Graham    ( 1755 

200  John  Searson ( I755i   1757 

20I-    James  Wragg   (i755-i757 

202  Anthony  Whelp    ( I755-I767 

203  Peter  Durand    ( 1756 

204  James    Farrill    ( 1756 

205  Elizabeth  Wragg   (i7S6 

206  John  Thompson    (1756 

207  Luke  Cummins    (1756 

208  Thomas  Johnson ( 1756,  1761-1762 

209  Gerard   Smith    ( 1757 

210  Thomas  Clark  (l7S7 

211  John   Philipse    (i757-i758 

212  William  Penn    (i757-i759 

213  Edward  Willet ( 1757-1758,  1764 

214  John  Davis  (i758 

215  George   Adams    (1758 

216  Nathaniel   Havens    (1758 


Place 

Rye  and  New  York 

City 
Albany 

New  York  City 
New  York  City 
Southampton 
Rumbout    Precinct, 

Dutchess  CO. 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  Windsor 
Hempstead 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
Westchester  co. 
New  York  City 
New  York  City 


'»*  Pratt,    114;    Kemp,    134;    New    York   Gazette  and  Weekly    Mercury,  Jan.   27,    1777. 

'**  Ecclesiastical   Records.   V.   3S2i- 

*••  Abstracts  of   Wills,  V.    112. 

'•'New  York  Mercury,  Oct.  7,   17S4- 

i**  Abstracts   of   Wills.    V,    59. 

'"New  York   Mercury,   May   19,  June  2,   1755. 

*"  New  York  Gazette  or  Weekly  Post-Boy,  April  28,  May  s.  May  12,  May  19,  June  2, 
Sept.  IS,  Sept.  19,  Sept.  29,  Oct.  6,  Oct.  13,  Oct.  27,  17SS;  Ibid,  May  16,  May  23,  May 
30,  June   13,  1757- 

""New  York  Mercury,  Feb.  17,  1755;  New  York  Gazette  or  Weekly  Post- Boy,  April 
7,  April  21,  May  5,  May  12,  May  19,  May  26,  June  16,  July  14,  July  28,  Aug.  4,  Aug. 
II,  Aug.  18,  Sept.  I,  Sept.  8,  Sept.  15,  Sept.  22,  Oct.  6,  Oct.  13,  Oct.  20,  Oct.  27,  1755; 
Ibid,  April  5,  April  12,  Sept.  19,  Sept.  26,  May  3,  May  10,  May  17,  June  4,  July  19, 
Sept.  13,  Sept.  20,  Oct.  25,  Nov.  29,  1756;  Ibid,  April  4,  April  11,  April  18,  April  25, 
'757- 

»»  Docs.  Rel.  Col.  Hist.  N.  Y.  (E.  B.  O'Callaghan  and  B.  Fernow,  eds.  15  v.  Albany, 
18.S3-1887),   III,   312;   Kilpatrick,   185-6;   Pratt,   63. 

*•*  New   York   Gazette  or   Weekly   Post-Boy,   May   31,    1756. 

">♦  New  York  Mercury,  July   12,  July  26,  Aug.  2,  Aug.  9,  Aug.   16,   1756. 

**  New  York  Gazette  or  Weekly  Post-Boy,  April  s,  April  12,  April  19,  April  »6,  May 
3,   May  10,  May   17,  June  4,  July   19,   1756. 

**  Calendar   of   Wills,   387. 

*"  .^bstracts  of  Wills,   V,   376- 

""New  York  Gazette  or  Weekly  Post-Boy,  May  10.  May  17,  June  7,  June  21,  i;fS6; 
New  York  Mercury,  Nov.  23,  1761;  New  York  Gazette,  Jan.  18,  1762;  The  American 
Chronicle,   May   17,  May  24,   1762. 

*••  .\bstracts  of  Wills,  VI.  340. 

"•New  York  Gazette  or  Weekly  Post-Boy,  Mav  2.   May  9,  May  30.  June   13,   1757. 

~ "  -       -         -  -  -  -  g    j)^ 


5. 


"'New  York  Gazette  or  Weekly  Post-Boy,  Oct.   17,  Oct.  24,  Nov.  21,  Nov.  28, 
Dec.   19,  1737;  Ibid,  Jan.  30,  Feb.  20,  Mar.  6,   1758. 

»»  Abstracts  of  Wills,  V,  226. 

"*  New  York  Gazette  or  Weekly  Post-Eoy,  Oct.  24,   1757;  Ibid,  Aug.   14,  Aug.  28,  1758; 
Ibid.  March  29,  April  s,   1764. 

*»*  Muster  Rolls  of  the  New  York  Provincial  Troops  (in  N.  Y.  Hist.   Soc.  Coll.   1891), 
66.   76. 

*"  New   York    Gazette  or  Weekly   Post-Boy,   July   31,   Aug.    14,   Aug.   28,    1758. 

""New  York  Gazette  or  Weeklv  Post-Bov.  Mav  8.  May   15,   May  22,   May  29;  June   12, 
1758. 


662 


THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 


Name  Date 

217  William  Wilson    (1758 

218  Alexander  Graham   ( 1758 

219  Joseph  Gibbs   (1758 

220  Samuel  Giles (1758-59,  1761,  1763-64 

221  John   Wingfield (1758,    1777 

222  Samuel  Moore (i759,   1763 

223  William    German    ( 1 760 

224  John  MacGie   ( 1760 

225  Daniel   Moor    (1760 

226  John   Wallas    ( 1760 

227  John   Watts    ( 1760-1761 

228  William    Barker    ( 1761 

229  John    Chandler    (1761 

230  Nathaniel    McCaul     (1761 

231  John  Kean    (1761 

232  William    Rudge    ( 1761 

233  Robert  Butcher  ( 1761 

234  William   Hanna    (1761 

235  Caleb  Heustis    ( 1761 

236  Ephraim    Avery    (1761-1763 

237  Samuel    Bruce (1761-1763,    1765 

238  William   Clajon ( 1761,   1764,    1766 

239  Pctrus  Van  Steenburgh ( 1761-1792 

240  John  Young (1761,  1766,  1768-1793 


Place 

Queens  co. 

Orange  co. 

Southampton 

New  York  City 

New  York  City 

Phillipsburgh, 
Westchester   co. 

Queens   co. 

Suffolk  CO. 

Dutchess  CO. 

Westchester  co. 

Staten  Island 

Dutchess  CO. 

Orange  co. 

New  York  City 

Dutchess  CO. 

New  York  City 

Poughkeepsie 

Albany 

North  Castle,  West- 
chester CO. 

Rye 

New  York  City 

New  York  City 

Flatbush 

New  York  City 


"'  Muster  Rolls  of  the   N.   Y.   Provincial  Troops,   108. 

"■  Abstracts  of  Wills,   V,   272. 

*"  Abstracts  of  Wills,  V,  308. 

""•New  York  Gazette  or  Weekly  Post-I5oy,  March  27,  April  3,  April  17,  May  i,  1758; 
Parker's  New  York  Gazette  or  Weekly  Post-Boy,  April  30,  May  14,  May  21,  May  38, 
1759;  New  York  Mercury,  Sept.  7,  Sept.  14,  Sept.  21,  Dec.  7,  Dec.  14,  Dec.  21,  1761; 
Ibid^  April  11,  Sept.  19,  Sept.  26,  Oct.  3,  1763;  New  York  Gazette  or  Weekly  Post-Boy, 
April   12,   Sept.  20,  Sept.  27,   1764. 

**"  New  York  Gazette  or  Weekly  Post-Boy,  Oct.  23,  Oct.  30,  Nov.  13,  Nov.  27,  Dec. 
4,  1758;  New  York  Gazette  and  Weekly  Mercury,  Sept.  15,  Sept.  22,  Sept.  29,  Oct.  13, 
1777. 

»22  Muster  Rolls  of  the  N.   Y.   Provincial   Troops,   182,  336;    Abstracts  of  Wills,   V'^II,  9. 

"'  Muster  Rolls  of  the  N.  Y.  Provincial  Troops,  242. 

'*•  Muster  Rolls  of  the  N.  Y.  Provincial  Troops,   236. 

"*  Muster  Rolls  of  the  N.  Y.  Provincial  Troops,  254. 

*"  Muster   Rolls   of  the   N.   Y.   Provincial   Troops,   316. 

*"  Pratt,  113;  Keml),   171. 

***  iviuster  Rolls  of  the  N.  Y.  Provincial  Troops,  414. 

**•  Muster  Rolls  of  the  N.   Y.   Provincial   Troops,   404. 

"•New  York  Mercury,  Sept.  21,   1761. 

'»»  Muster  Rolls  of  the  N.  Y.  Provincial   Troops,  382. 

*•*  New  York  Mercury,   Sept.  28,   1761. 

•".Abstracts  of  Wills,  VI.    123. 

***  New   York  Mercury,  Nov.  23,   1761. 

*»  Abstracts  of  Wills.   VI,   319. 

*"  R.  Bolton.  History  of  the  Protestant  Episcopal  Church  in  the  County  of  West- 
chester (N.  Y.,  185s),  3«4.  (Taken  from  Abstracts  of  the  Venerable  Propagation 
Society). 

^'Abstracts  of  Wills,  VT.  409;  New  York  Mercury,  Aug.  31,  Sept.  7,  Sept.  28,  1761; 
Ibid,  April  4,   1763;  Ibid,  May   13,   1765. 

*  New  York  Mercury,  Jan.  26,  Nov.  2,  1761;  New  York  Gazette  or  Weekly  Post-Boy, 
Oct.  2^,  Nov.   I,  Nov.   15,  Nov.  22,   1764;  Ibid,  Jan.  2.  Jan.  9,  May  15.  May  22.   1766. 

"".Abstracts  of  Wills,  VII,  335,  350,  398;  Ibid,  VIIT.  269;  Ibid.  XIV,  195;  Kilpatrick, 
■  83,   i8i;. 

»*•  Roll  of  Freemen  of  N.  V.  City,  214;  Abstracts  of  Wills.  VII.  252:  Ibid,  XIV,  130. 
173,  232,  247;  Parker's  New  York  Gazette  or  Weekly  Post-Boy.  April  9,  1761;  New  York 
Mercury,  May   19,  May  26,   Sept.   7,    1766. 


TREE   SCHOOLS 


663 


Name  Date 

241  Frederic  Rothenbuhler   (1762 

242  John    Wallis (1762 

243  Cornelius    Cregier    (1762 

244  Stephen   Dwight   (1763 

245  William  Jones   ( 1763 

246  Alexander  Leslie    ( 1763 

247  Daniel  Thane  ( 1763 

248  Dunlap   Adems    (1763 

249  George    Harrie    (1763 

250  William  Cockburn   (1763-1764 

251  Tunis  Egberts   ( 1763-1783 

252  John    Roorback    ( 1764 

253  Richard  Fletcher    ( 1764-1769 

254  Nathaniel  Seabury (1764-65  to  1767-68 

255  William   Adams (1764,    1766 ;    1770 

256  George  Rynhard  (1764-1784 

257  Marj'  Bosworth    (1765 

258  Peter  Wilson   ( 1765 

259  Richard  Bunn    (1765 

260  James  McCarrell    ( 1765 

261  Jeremiah  Connor   (1765 

262  Seth   Moore   (1765 

263  Jackson   ( 1765 

264  Thomas   Carroll    ( 1765-1766 

265  Edward  Riggs   ( 1765-1766,  1783 

266  Leonard  Cutting  ; (1766-1769 

267  Godfrey  Hains    ( 1767 


Place 
New  York  City 
Westchester 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
Staten  Island 
New  York  City 
Rye 

New  York  City 
Staten  Island 
Albany 

New  York  City 
Westchester 
Coldenham,    Ulster 
CO.  and  Harlem 
Catsbaan,  Albany 

CO. 

New  York  City 
New  York  City 
Rye 

Newtown 
Staten  Island 
New  York  City 
New  York  City 
New  York  City 
New  York  City 
Hempstead 
Harrison's  Pur- 
chase 


*"  New  York  Gazette  or  Weekly  Post-Bjoy,  July  8,  1762. 

**^  Muster  Rolls  of  the  N.  Y.   Provincial  Troops,  422. 

»« Abstracts  of  Wills,   VII.    165. 

"'New  York  Mercury,  May  2,  May  9,   1763. 

-"New  York  Mercury,  April  25,  May  2,  Nov.  21,  Nov.  28,  1763. 

""New  York  Mercury,  April  25,  May  2,   1763. 

'"  New  York  Mercury,  Nov.  14,   1763. 

***  New   York  Mercury.  Jan.    10,  Jan.    17,  Jan.  24,   May  9,  May   16,    1763. 

'«  Abstracts  of  Wills,   VI.  329. 

"•New  York  Mercury,  Dec.  5,  Dec.  12,  1763;  New  York  Garette  or  Weekly  Post-Boy. 
Jan.   12,  Feb.   16,   1764. 

"*  Pratt,  113;   Kemp,  171. 

'•"  Abstracts  of  Wills,  VI,  405. 

'"Abstracts  of  Wills,  VI,  437;   Ibid,  VII,   299;   Ibid.  VIII,   17. 

»**  Pratt,   114;   Kemp,  156. 

"*  New  York  Gazette  or  Weekly  Post-Boy,  April  26,  1764;  New  York  Mercury,  April 
14,  Sept.  16,  1766;  New  York  Gazette  and  Weekly  Mercury,  June  11,  June  18.  June  as, 
July  30,   .\ug.   6,    1770. 

=»  Abstracts  of  Wills,  YU,  375;  Calendar  of  Wills,  195,  229,  275,  47:. 

"'New  York   Mercury,    May  20,   1765- 

=*' New  York  Mercury,  April  22,  April  29,   1765." 

*'°  Westchester  Wills.   210. 

'*>  New  York  Mercury,  .\pril  15,  June  3,  1765. 

»*»  .\bstracts  of  Wills,  VII,  165. 

=«  .Abstracts  of  Wills,  VII.  25. 

*"  New  York  Mercury,  .April  22.  .\pril  29,   1765. 

•j<M  Xevv   York   Mercury,    May   6,    May    13,   May   20,    Sept.    30, 
12.  May   10.  June   2,   Nov.   10.   1766. 

"*  New    York    Mercury,    April    22,    April    29,    1765; 
Packet  and  American  .Advertiser,  Nov.  1783. 

'-'••  Kemp.   182. 

''^  Westchester  Wills,   261. 


Ibid, 


Oct.   7,    1765;   Ibid,    May 
May    26,    1766;    New    York 


664 


THE    UNIVERSITY    OF    THE    STATE    OF    NEW   YORK 


Place 

New  York  City 
Staten  Island 
New  York  City 
New  York  City 
New  York  City 
Johnstown 
Westchester 
Westchester  co. 
Woodbury  Clove, 

Orange  co. 
Rye 

South  Hempstead 
New  York  City 
Goshen 
Kingston 
Orange  co. 
Shawangunk, 

Ulster  CO. 
New  York  City 
Huntington 
Canajoharie 
New  York  City 
New  York  City 
Canajoharie 
New  York  City 
Albany 
New  York  City 

=®  New  York  Gazette  or  Weekly  Post-Boy,  June  i8,  July  2,  July  23,  July  30,  Aug.  6, 
Sept.  3,  Sept.  10,  Sept.  24,  1767. 

*«•  Abstracts  of  Wills,  VII,  464. 

"*  New  York  Gazette  or  Weekly  Post-Boy,  April  16,  April  23,  April  30,  May  7,  Mav 
14,  May  21,  June  4,  1767;  New  York  Gazette  and  Weekly  Mercury,  Dec.  30,  1771;  Ibid. 
Jan.  6.  Jan.   13,  Jan.   20,  Jan.  27,   1772. 

!«  Abstracts  of  Wills.  VII.  466. 

"*  New  York  Gazette  or  Weekly  Post-Boy,  Dec.  iz,  1768;  New  York  Gazette  or 
Weekly  Mercury,  May  14,  May  21,  1770. 

"*  Pratt,  112;  Kemp,  204. 

"*  Pratt.   114;   Kemp.   i.';7. 

"•Abstracts   of  Wills.   VII,   467. 

"•  Abstracts  of  Wills,  VII,  359. 

»"Doc.  Hist.  N.  Y.,  IV,  408-9;  Pratt,  114;  Kemp,  139. 

*"  Pratt,   hi;   Kemo,   118. 

**  New  York  Gazette  and  Weekly  Mercury,  Jan.  i,  Jan.  8,  Jan.  15,  Jan.  22,  Jan.  29, 
1770. 

"•Abstracts  of  Wills,  VII.  403- 

*"  New   York  Gazette  and  Weekly  Mercury,   Oct.    22,   Oct.   29,  Nov.   5.   Nov.   26,    1770. 

*"  Calendar  of  Wills.  359. 

"•Abstracts   of   Wills.   VII.  40s. 

»•  Roll   of  Freemen  of  N.  Y.  City,   229. 

""Abstracts  of  Wills.  VII.  341. 

>»  Pratt.   112. 

'•'New  York  Gazette  and  Weekly  Mercury,  Jan.  29,  Feb.  5,  Feb.  12,  Oct.  i,  Oct.  8. 
1770;  Tbid,  Sept.  9,  Sept.  16,  Sept.  23,  Sent.  30,  1771;  Ibid,  Sept  7,  Sept.  14,  Sept.  at. 
Oct.  12,  Oct.  19,  1772;  Riving^on's  New  York  Gazetteer  or  The  Connecticut,  Hudson's 
River,  New  Jersey,  and  Quebec  Weekly  Advertiser,  Sept.  16,  Sept.  23,  Oct.  7,  Oct.  14, 
1773. 

«  Roll  of  Freemen  of  N.  Y.  City,  230;  Abstracts  of  Wills,  VIII,  374. 

"•Pratt,    112. 

•"New  York  Gazette  and  Weekly  Mercury,  April  22,  April  29.  Mav  6,   1771. 

"i  Abstracts  of  Wills,  VIII.  60;  Early  Wills  of  Westchester  County,  1664-1784  (W. 
S.    Pelletreau,   editor.     New   York,    1808),   309. 

•••New   York   Gazette  and  Weekly  Mercury,   July  22,   July   29,    Aug.    19,   1771. 


268 
269 
270 
271 
2^2 

274 
275 
276 

277 
278 
279 
280 
281 
282 
283 

284 
285 
286 
287 
288 
289 
290 
291 
292 


Name  Date 

George  Murray   ( 1767 

William    Hider    ( 1767 

Hugh   Hughes (1767,    1771-1772 

George  Meadcr  ( 1768 

James  Lamb ( 1768,  1770 

Edward   Wall    (1768-1775 

George  Youngs (1768-69  to  1775-1776 

Cornelius   Van   Velzor (1769 

Lewis   Donovan    (1769 

John  Rand   ( 1769-1770 

William  Leahy    ( 1769-1770 

George  Robinson   ( 1770 

James  Carpenter  (1770 

Josiah  Stoddard   ( 1770 

Robert  Pigot   ( 1770 

Joseph   Coddington    (l770 

Stephen   Van   Voorhis (i770 

John  Avery   ( 1770 

Hall    (1770-1771 

John   Girault    (i770-i773 

Jacob  Tyler   (i77o-i775 

Colin  McLeland (1770—71  to  1781-82 

Mary  Pack  ( 1771 

John  Bay    (1771 

Michael   Bechades    (1771 


FREE  SCHOOLS 


66: 


Name  Date  Place 

293  Frederick   John    ( I77i )  Jamaica 

294  James  Wetmore (1771-72  to  1781-82)  Rye 

295  William  Andrews   (i77i-i773)  Schenectady 

296  J.    Tanner ( 1771,    1774)  New  York  City 

297  M.  Tanner ( 1771,  1774  New  York  City 

298  James   Gilliland (1771-1772,   1774-1775)  New  York  City 

299  James  O'Brien (1771,  1780)  New  York  City 

300  John  Bryan    (1772)  Brooklyn 

301  Francis  H.  De  La  Roche (1772)  New  York  City 

302  John   Haumaid    (1772)  New  York  City 

303  James  Duffie   ( 1772)  Staten  Island 

304  Samuel   McCorkle    ( 1772)  New  York  City 

305  Terence  Reilly  (1772)  Staten  Island 

306  Anthony  Fiva    (1772-1774)  New  York  City 

307  J.  Peter  Tetard ( I772-I773.  ^77S\  Kings  Bridge 

308  J.  Hughes  (1773)  New  York  City 

309  Robert   Gilmore    ( 1773)  Westchester 

310  Austin    (1773)  Albany 

311  Alexander  Miller  (i773)  Schenectady 

312  John  Leflfert  ( 1773)  South  Hempstead 

313  John   Doty    i^77i-'^777)  Schenectady 

314  Frances  Brien    (i774)  New  York  City 

315  John  Addison    ( 1774)  Kingston 

316  Joseph  Cozani   ( 1774)  New  York  City 

"•Abstracts   of  Wills,  VII,   451,   457. 

»*  Pratt,  114;  Kemp.  139. 

"*  Doc.  Hist.  N.  Y.,  IV,  467,  470;   Kemp,  202. 

"•New  York  Gazette  and  Weekly  Mercury,  Jan.  14,  Jan.  21,  Jan.  28,  Feb.  4,  Feb.  11, 
1771;  Rivington's  "Xew  York  Gazetteer  or  The  Connecticut,  Hudson's  River,  New  Jer- 
sey, and  Quebec   Weekly   Advertiser,   Feb.   24,   March  3,  April   7,   April    14,    1774.^ 

*"  New  York  Gazette  and  Weekly  Mercury,  Jan.  14,  Jan.  21,  Jan.  28,  Feb.  4,  Feb.  11, 
1771;  Rivington's  New  York  Gazetteer  or  The  Connecticut,  Hudson's  River,  New  Jersey, 
and  Qutbec   Weekly  Advrtiser,  Feb.   24,  March   3,  April   7,  April   14,    1774. 

"*  New  York  Gazette  and  Weekly  Mercury,  May  27,  June  3,  1771;  Ibid,  Dec.  14,  Dec. 
28,  1772;  Roll  of  Freemen  of  N.  Y.  City,  237;  Rivington's  New  York  Gazetteer  or  Con- 
necticut, Hudson's  River,  New  Jersey,  and  Quebec  Weekly  Advertiser,  Jan.  12,  Jan. 
19.   1775- 

"•New  York  Gazette  and  Weekly  Mercury,  May  6,  May  13,  May  37,  1771;  Ibid,  June 
S,   1780. 

»•  Abstracts  of  Wills.  VIII.   18. 

*"*■  New  York  Gazette  and  Weekly  Mercury,  March  2,   1772, 

""*  New  York  Gazette  and  Weekly  Mercury,   Sept.  21,   1772. 

•"Abstracts  of   Wills,   VIII.    38. 

'^^  New  York  Gazette  and   Weekly  Mercury,   Dec.  21,   Dec.   28,   1772. 

*»  .\bstracts  of  Wills,  VIII,  38. 

=*•  Rivington's  New  York  Gazetteer  or  Connecticut,  Hudson's  River,  New  Jersey  and 
Quebec  Weekly  Advertiser,  July  22,  Aug.  12,  Dec.  9,  Dec.  16,  1773;  Ibid,  May  19, 
May   26.   Dec.   22.    1774. 

*"  New  York  Gazette  and  Weeklv  Mercury,  Sept._  7,  Sept.  14,  Oct.  5.  1773;  New  York 
Journal  or  General  Advertiser,  Feb.  17,  1774;  Rivington's  New  York  Gazetteer  or  Con- 
necticut, Hudson's  River,  New  Jersey,  and  Quebec  Weekly  Advertiser,  June  i,  June  15, 
June  22,  July  J3,  July  21,  July  27,  1775. 

'"  Rivington's  New  York  Gazetteer  or  Connecticut,  Hudson's  River,  New  Jersey,  and 
Quebec  Weekly  Advertiser,   Oct.  21,  Oct.  28,  Nov.   11,   1773. 

*"  Abstracts  of  Wills,  V  III,   359. 

^"  Rivington's  New  York  Gazetteer  or  Connecticut,  Hudson's  River,  New  Jersey,  and 
Quebec   Weeklv   Advertiser,   April   29,    1773. 

•"  Rivington  s  New  York  Gazetteer,  or  Connecticut,  Hudson's  River,  New  Jersey,  and 
Quebec  Weekly  Advertiser,    Nov.  4,  Nov.    11,   Nov.   25,   Dec.   2,   1773. 

'^-  Kemp,   180. 

"'  Kemp,  203. 

"*  New  York  Gazette  and  Weekly  Mercury,  March    14,    1774. 

"'  Rivington's  New  York  Gazetteer  or  Connecticut,  Hudson's  River,  New  Jersey,  and 
Quebec  Weekly  Advertiser,   May  5,  May   12,  Sept.   i,   1774;   Olde  Ulster.   X,   75. 

•*'  Rivington  s  New  Yoork  Gazetteer  or  Connecticut,  Hudson's  River,  New  Jersey,  and 
Quebec  Weekly  Advertiser,  June  16,   1774. 


666 


THE    UNIVERSITY    OF    THE    STATE    OF    NEW   YORK 


Name  Date 

317  John  Ostrander  ( 1774 

318  Thomas  Byerley ( 1774 

319  Josiah  Day  V'.-J.^i.X^-. (1774 

320  Daniel  Hamill    ( I774 

321  George   Shannon    (i774 

322  Catherine  Lugrin  ( 1774 

323  Simeon   Lugrin    ( 1774 

324  John   Copp    (1774 

325  David   Monell    ( 1774 

326  GoUen  ( 1774 

327  Mountain    ( 1774 

328  William  Horton    ( 1774 

329  Sarah  Long   (i774-i775 

330  William  Long   ( I774-I775 

331  Mrs.    Cozani    (i774-i775 

332  George  Gott  ( 1774-1776 

333  Samuel  Seabury   (1775 

334  Francis  Vandale   ( 1775 

333  John   Campbell    ( 1775 

336  Comelly  Ferran    (i775 

337  Robert    Frayer    ( 1775 

338  Thomas  Hart (i775 

339  James  Howard   (i775 


Place 

Albany 

New  York  City 
New  York  City 
Dutchess  CO. 
New  York  City 
New  York  City 
New  York  City 
Flatbush 

Hanover,  Ulster  co. 
New  York  City 
New  York  City 
Phillipsburg,  West- 
chester CO. 
New  York  City 
New  York  City 
New  York  City 
Westchester 
Westchester 
New  York  City 
Orange  co. 
Goshen 
Orange  co. 
Goshen 
Goshen 


"»■  Abstracts  of  Wills,  IX,   285. 

"'  Rivington's   New    York   Gazetteer   or   Connecticut,   Hudson's   River,    New   Jersey,   and 

?|uebec  Weekly  Advertiser,  Feb.   17,  April  14,  June  22,  June  30,  July  7,   1774;   New  York 
ournal   or  General   Advertiser,   Feb.    17,   Feb.   24,   March   3,   March   10,   March    17,   March 
31,    .April   21,  April   28,   1774. 

"•  Rivington's  New  York  Gazetteer  or  Connecticut,  Hudson's  River,  New  Jersey,  and 
Quebec  Weekly  Advertiser,  Feb.  17,  April  14,  June  22,  June  30,  July  7,  1774;  New 
York  Journal  or  General  Advertiser,  Fet>.  17,  Feb.  24,  March  3,  March  10,  March  17, 
March    31,    April    21,    April   28,    1774. 

**  .Abstracts  of   Wills,   VIII,   349. 

="  Abstracts  of  Wills,   VIII,  373. 

"^  Rivington's  New  York  Gazetteer  or  Connecticut,  Hudson's  River,  New  Jersey,  and 
Quebec  Weekly  .Advertiser,  April  21,  April  28,   1774. 

"*  Rivington's  New  York  Gazetteer  or  Connecticut,  Hudson's  River,  New  Jersey,  and 
Quebec  Weekly  Advertiser.   April  21,  April  28,   1774. 

'■■'*  Rivington  s  New  York  Gazetteer  or  Connecticut,  Hudson's  River,  New  Jersey,  and 
Quebec  Weekly  Advertiser,  July  7,  July   14,    1774. 

"*  Abstracts  of  Wills,   VIII,   265. 

**'  Rivington's  New  York  Gazetteer  or  Connecticut,  Hudson's  River,  New  Jersey,  and 
Quebec   Weekly   .Advertiser,   Oct.   6,    1774. 

"^  Rivington  s  New  York  Gazetteer  or  Connecticut,  Hudson's  River,  New  Jersey,  and 
Quebec  Weekly  .Advertiser,  Oct.   6,   1774. 

"»  Abstracts  of  Wills.  VIII.   250- 

"•  Rivington's  New  York  Gazetteer  or  Connecticut,  Hudson's  River,  New  Jersey,  and 
Quebec  W'eekly  Advertiser,  Jan.  27,  Feb.  24,  March  3,  March  31,  1774;  Ibid,  Nov.  2, 
•  77.S;   New  York  Journal  or  General  Advertiser     Fan.   27,  Feb.  3.    1774. 

**•  Rivington's  New  York  Gazetteer  or  Connecticut,  Hudson's  River,  New  Jersey,  and 
Quebec  Weekly  Advertiser,  Jan.  27,  Feb.  24,  March  3,  March  31,  1774;  Ibid,  Nov.  2, 
177'?:   New   York  Journal   or  General   Advertiser,  Jan.   27,   Feb.   3,  _i774- 

^•■'  Rivington's  New  York  Gazetteer  or  Connecticut,  Hudson's  River,  New  Jersey,  and 
Quebec  Weekly  Advertiser,  July  21,    1774;   Ibid,  April  20,  April   27,  July   21,    1775. 

"=  Pratt,   114;    Kemp.    isg. 

''*  Rivington's  New  York  Gazetteer  or  Connecticut.  Hudson's  River,  New  Jersey,  and 
Quebec  Weekly  .Advertiser,  March   16,  March  23,  1775. 

'**  Rivington  s   .\'cw   York   Gazetteer   or  Connecticut,   Hudson's   River,    New   Jersey,   and 
Quebec  Weekly  Advertiser,   Oct.  26,  Nov.  9,  Nov.   16,    1775. 
"  •■»  Calendar  of  Wills.  78. 

"«Docs.   Re!.   Col.   Hist.  N.   Y..  XV.   116. 

"•  Docs.   Rel.  Col.  Hist.  N.  Y.,  XV,   169. 

"«  Docs.  Rel.   Col.   Hist.  N.   Y..  XV,   170. 

«»Doc8.  Rel.  Col.  Hist.  N.   Y.,  XV,  167. 


FREE   SCHOOLS 


66/ 


Name  Date 

340  Owen   Madden    ( 1775 

341  Rose   (1775 

342  James  Lcasley   ( 1776 

3.0  William   Denn   (1776 

344  Amos   Bull    ( 1776,    1778-1782 

345  Gabriel   Ellison    ( 1776-1790 

346  John    McClenachan    ( 1777 

347  John   McKillop    (i777 

348  Thomas  Kyle   ( I777 

349  William  Thompson    ( 1777-1778 

350  Teniere    (I777-I778 

351  Jacob  Taylor   (i777-i779 

352  Panton (1777,    1779 

353  Thomas  Wiley i'^m,   I779,   1782 

354  James  Wetmore    ( 1777-1783 

355  William   Hume    ( 1778 

356  Thomas    Kingston    ( 1778 

357  Peter   Sparling    (1778 

358  John   Davis (1778,   1781-1782 

350  Thomas  L.  Moore ( 1 779 

360  Lionel  Watts   ( 1779 

361  James  Foley  ( 1779-1780 

362  Thomas  E^an    ( 1780 

363  John    Clints ( 1780 

364  Robert  Davis   ( 1780 

365  Edward  Finn   ( 1780 

366  Philip    Doyle    (1781 


nace 

Shawangunk 

Johnstown 

New  York  City 

Goshen 

New  York  City 

Flatbush 

New  York  City 

New  York  City 

Goshen 

Goshen 

New  York  City 

New  York  City 

New  York  City 

New  York  City 

Oyster  Bay 

Ulster  CO. 

Staten  Island 

New  York  City 

New  York  City 

Newtown 

New  York  City 

Bushwick 

New  York  City 

Albany 

Norman's  Kill 

Ballstown 

Gray  Court,  Orange 

CO. 


•"Docs.   Rel.  Col.   Hist  N.   Y.,  XV,   171. 

*"  Kemp.   207. 

^Abstracts   of   Wills,   VIII.   33' ■ 

»«•  Abstracts  of  Wills.   IX,   183. 

***  New  York  Gazette  and  \Veekly  .Mercury.  Mav  13,  May  20,  1776;  Pratt,  113;  Kemp, 
116. 

"»  Pratt.   63. 

**  New  York  Gazette  and  Weekly  Mercury,   Dec.   15,  Dec.   22,   1777. 

*•' New   York   Gazette  and  Weekly   Mercury,   Sept.  8,   Sept.    15,   Sept.   iz,    1777. 

«»  Abstracts  of  Wills,  IX,   169. 

"•Abstracts  of  Wills,  IX,   157;   Calendar  of  Wills,  40. 

»•  New  York  Gazette  and  Weekly  Mercury,  Sept.  i,  Sept.  8,  Sept.  15,  Oct.  6,  Oct.  13. 
Oct.  20,   Dec.   8,   1777:   Ibid,  July    13,  July  27,   1778. 

«"  Abstracts  of   Wills,   IX,   41.   82. 

"'^  New  York  Gazette  and  Weekly  Mercury,  Dec.   15,  Dec.  29,  1777;  Ibid,  Jan.  i8,  1779. 

"*  New  York  Gazette  and  Weelcly  Mercury,  Feb.  17,  Feb.  24,  March  3,  March  10, 
March   24.    1777;    Ibid,   Sept.    13,   Sept.  20,   1779;   Ibid,  Nov.   4,    1782. 

»"  Kemp.    186. 

^^  Calendar  of  Wills,   1 20. 

"«.\b8tract8  of  Wills,   IX,  24. 

*"  Abstracts  of  Wills,  IX.   40. 

""New  York  Gazette  and  Weekly  Mercury,  Jan.  19,  Jan.  26,  1778;  Ibid.  Jan.  7,  Jan. 
14.  Oct.   14.  Oct.   21,    1782:   Royal  Gazette,  Oct.  6,   1781. 

*■••  New   York   Gazette   and   Weekly    Mercury,    .^ug.    2,    .\ug.   9.    .\ug.    16,    Aug.   23,    1779. 

""Abstracts  of  Wills,   VIII.    35^. 

"•"  New  York  Gazette  and  Weekly  Mercury,  June  14,  June  21,  Aug.  30,  Oct.  4,  1779; 
Ibid.  March   27.   April    10,    1780. 

•"•'New  York   Gazette  and   Weekly   Mercury,  Jan.    10.   Jan.    17,    1780. 

**"  Calendar   of  Wills.   472. 

**  Minutes  of  th?  Commissioners  for  detecting  and  defeating  Conspiracies  in  the  State 
of   New   York    (3   vols.   .Albany.    1909— to).   II,    506. 

"•  Min.  Com.  for  detecting  and  defeating  Conspiracies  in  the  .State  of  New  York,  II, 
436- 

=«  Abstracts  of  Wills,  IX.  240. 


668  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

Name  Date  Place 

367  William    Kerr    ( 1781 )  New  York  City 

368  Mrs.  Shackerly   (1781)  New  York  City 

369  John  Klint   ( 1781 )  Rennselaerwyck 

370     Evans   ( 1781)      New  York  City 

371  Thomas   Madden    (1781)      New  York  City 

37 J    Christopher  Witting    (1781)      Rennselaerwyck 

373  Alexander  Campbell   (1782)      Goshen 

374  John  H.  Hentz ( 1782)      New  York  City 

375  George  Huggan    (1782)     New  Windsor, 

Ulster  CO. 

376  Isaac  Rysdyk  ( 1782)      Dutchess  co. 

yJ^    Ebenezer   Street    ( 1782)      New  York  City 

378  Benoni   Bradner   ( 1782)      Goshen 

379  Edward  Haswell    (1782-1783)      New  York  City 

380  J.  Mennye  (1782-1783)     New  York  City 

=»' Royal  Gazette,  April  25,   178 J. 

""New  York  Gazette  and  Weekly  Mercury,  July   16,  July  30,  1781. 

*•  Min.  Com.  for  detecting  and  defeating  Conspiracies  in  the  State  of  New  York,  TI, 
651. 

*">  Royal  Gazette,  Oct.    17,  Oct.  20,   Oct.  31,  Nov.   21,   1781. 

'"Abstracts   of  Wills,   XIV,  210. 

^"^  Min.  Com.  for  detecting  and  defeating  Conspiracies  in  the  State  of  New  York,  II, 
716. 

="»  Abstracts  of  Wills,   IX,  293. 

'"^  New  York  Gazette  and  Weekly  Mercury,  May  27,   1782. 

»"  Abstracts  of  Wills,  IX,  295. 

""New  York  Packet  and  American  Advertiser,  June   13,   1782. 

*"  Kemp,   120. 

^'*  New  York  Packet  and  American   .\dvertiser,   Sept.   2(1,  Oct.  3,  Oct.    10,   1782. 

"^  Kemp,   121. 

""New  York  Gazette  and  Weekly  Mercury,  Sept.  20,  1782;  Royal  Gazette,  Oct.  18, 
Oct.  22,   1783. 

This  list  is  not  exhaustive.  It  would  be  impossible  to  name  all 
the  schoolmasters  of  the  English  colonial  period.  Even  if  all  the 
names  could  be  secured,  the  number  would  still  seem  to  be  inade- 
quate for  so  long  a  period.  In  this  connection,  one  must  keep  in 
mind  the  fact  that  instruction  of  various  grades  was  also  given  by 
parents,  older  children,  tutors  and  ministers. 

No  attempt  has  been  made  to  classify  the  schoolmasters ;  in  many 
cases  this  would  be  impossible.  Many  are  mentioned,  in  the  records, 
merely  as  schoolmasters.  We  know  that  most  of  them  were  English 
and  taught  in  English  elementary  and  secondary  schools.  A  rela- 
tively small  number  were  Dutch,  and  most  of  these  taught  in  Dutch 
schools.  Ministers  and  catechists,  as  such,  are  not  included  in  the 
list. 

Kemp  and  Kilpatrick,  as  sources  of  information  for  the  colonial 
period,  are  reliable.  Only  verifiable  references  have  been  taken  from 
Pratt. 


FREE   SCHOOLS  669 

Probable  duplications:  numbers  107  and  294,  or  107  and  354 
V  James  Wetmore)  ;  98  and  114  (Johannes  Glandorff  or  Glundorff)  ; 
106  and  154  (John  Carhart)  ;  93  and  95  (Samuel  Jones  and  .  .  . 
Jones)  ;  177  and  217  (William  Wilson)  ;  146  and  333  (Samuel 
Seabury). 


670  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

Chapter  15 
BIBLIOGRAPHY  OF  FREE  SCHOOLS 

Selected  list  of  references  compiled  by  Martha  L.  Phelps,  reference  assistant 
III  education,  AVn   York  State  Library. 

Adams,  Francis.    The  free  school  system  of  the  United  States.    Land.  1875 
American  Association  for  the  Advancement  of  Education.     Proceedings. 
iSsi-58 

American  doctrine  of  public  instruction.  American  Journal  of  Education, 
15  0-16  (March  1865) 

Includes  Address  to  people   of  New  Jersey  by  the  Rt.   Rev.   Bishop   Doane   (1838), 
American   authorities  and    Massachusetts   doctrine    of   free    schools. 

American  Journal  of  Education:  organ  of  the  New  York  State  Teachers 
Association.     1846 

Barnard,  Henry.  History  of  common  schools  in  Connecticut.  American 
Journal  of  Education,  4:657-710  (March  1858);  5:114-54  (June  1858) 

Barney,  H.  H.  Report  on  the  American  system  of  graded  schools.  Cin- 
cinnati.    1851 

Blackmar,  F.  W.  History  of  state  and  federal  aid  to  higher  education  in 
the  United  States.  (U.  S.  Bureau  of  education.  Circular  of  information, 
1890,  no.  i) 

Boese,  Thomas.    Public  education  in  the  city  of  New  York.     1869 

Boone,  R.  G.  Education  in  the  United  States;  its  history  from  the  earliest 
settlement.    1903 

History  of  education  in  Indiana.     1892 

Bourne,  E.  G.    The  history  of  the  surplus  revenue  of  1837.    N.Y.     1885 

Bowman,  H.  M,  The  administration  of  Iowa:  a  study  in  centralization 
(Columbia  University  studies  in  history,  economics  and  public  law. 
V.  18,  no.  i)     N.Y.     1903 

Brown,  E.  E.     The  making  of  our  middle  schools.     1903 

Bibliography,   p.    481-518. 

Burns,  J.  J.     Educational  history  of  Ohio.     1905 

Bush,  G.  G.  The  first  common  schools  of  New  England.  U.S.  Com'r  of 
education.     Report  1896-97,  v.i:ii65-86 

History  of  education  in  Florida  (U.S.  Bureau  of  education.    Circular 

of  information  1888,  no.  7) 

History  of  education  in  New  Hampshire.     (U.  S.  Bureau  of  educa- 


tion.   Circular  of  information,  1898,  no.  3) 
History   of   education    in   Vermont.      (U.    S.    Bureau    of   education. 


Circular  of  information  1900,  no.  4) 

Caldwell,  H.  W.     Education  in   Nebraska.     (U.   S.   Bureau  of  education. 
Circular  of  information  1902,  no.  3) 


FREE   SCHOOLS  67I 

Carleton,  Frank.  Economic  influence  upon  educational  advance  in  the 
United  States,  1820-50.  (Bulletin  of  the  University  of  Wisconsin. 
Economics  and  political  science  series,  v.4,  no.  I,  1908) 

Carroll,  Charles.  Public  education  in  Rhode  Island.  191 8  (Rhode  Island 
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Carter,  J.  G.     Essays  upon  popular  education.     1826 

Letters   to   Hon.    William   Prescott  LL.D.   on   the   Free   schools   of 

New  England  with  remarks  on  the  principles  of  instruction.     1824 

Clark,  W.  G.     History  of  education  in  Alabama,  1702-1889     (U.  S.  Bureau 

of  education.     Circular  of  information.     1889,  no.  3) 
Cews,   E.   W.     Educational    legislation   and   administration  of    the   colonial 

government.     1899 

(Columbia  University.    Contributions  to  philosophy,  psychology  and  educa- 
tion   v.  6,  no.  1-4) 

Colonial  period  in  American  education.  Monroe's  Cyclopedia  of  education 
2:114-22 

Columbian  history  of  education  in  Kansas:  compiled  by  Kansas  educators. 
Topeka  1903 

Common  schools  and  public  instruction.  American  Journal  of  Education, 
24:225-329  (June  1873) 

Development   from   1800  to   1870. 

Connecticut.  State  Department  of  education.  Report.  1868  Free  schools 
in  various  states,    p.  16-30 

Constitutional  provisions  respecting  education.  American  Journal  of  Educa- 
tion 17:81-124  (Sept.  1867) 

Cook,  J.  W.     Educational  History  of  Illinois.     Chicago,  1912 

Cubberley,  E.  P.  School  funds  and  their  apportionment.  1906  (Teachers 
college  contributions  to  education,  no.  2) 

Dexter,  E.  G.    History  of  education  in  the  United  States.     1904 

District  school  journal  of  the  state  of  New  York,  1840-52. 

Th.s  periodical  contains  many  references  on  the  subject  of  free  schools  in  general 
as  well  as  discussions  of  the  question  in  the  State  of  New  York.  It  was  considered 
by  the  State  Superintendent  of  Public  Instruction  as  the  official  organ  of  communica- 
tion with  the  officers  of  the  several  districts. 

Dix,  J.  A.  School  system  of  New  York.  Connecticut  Common  School 
Journal,  1 :75,  11 

Doane,  G.  W.    The  state  and  education :  an  address  delivered  to  the  people 
of  New  Jersey  in  1838.    American  Journal  of  Education,  15:5-11   (March 
1865) 
Also  in  U.  S.  Commissioner  of  education.    Report  1895-96,  v.l:250-54 

Draper,  A.  S.     Origin  and  development  of  the  New  York  common  school 

system.     1890 

Address  before   New   York   State  Teachers  Association. 

Public  school  pioneering  in  New  York  and  Massachusetts.     Educa- 


tional Review,  3:313-36  (April  1892) 


672  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Draper,  A.  S.    Public  school  pioneering  in  New  York  and  Massachusetts :  a 
reply  to  a  reply.    Educational  Review,  4:241-52  (Odtober  1892) 

Public  school  pioneering:  a  final  reply.     Educational  Review,  5:345- 

62  (April  1893) 

Editorial.    Educational  Review,  5 :4o6-7  (April  1893) 


Dunshee,  H.  W.    History  of  the  school  of  the  Reformed  Protestant  Dutch 
Church  in  the  city  of  New  York  from  1633  to  the  present  time.     1853 

Earliest  form  of  public .  schools  in  New  England.     American  Journal  of 
Education,  27:59-156  (January  1877) 

Early  school  movements  in  Virginia.     American  Journal  of   Education, 
27:33-57  (January  1877) 

Education:  A  national  interest.    Historical  development.    American  Journal 
of  Education,  17:41-63   (September  1867) 

Emerson,  G.  B.    Education  in  Massachusetts.    Early  legislation  and  history. 
Boston  1869 

Fay,  E.  W.    History  of  education  in  Louisiana.    (U.  S.  Bureau  of  education. 
Circular  of  information,  1898,  no.  i) 

Fees,  (U.  S.)     Monroe's  Cyclopedia  of  education,  2:587-89 

Fellow,  Henry.     A  study  in  school  supervision  and  maintenance.     Topeka 
1896 

Finegan,  T.  E.     Struggle  for  free  schools  in  New  York.     State  Service 

(Albany,  N.  Y.),  2:3^-14  (November  1918) 

Story  of  a  fight  which  lasted  half  a  century  before  victory  crowned  the  efforts  of 
the  pioneer  advocates. 

The  establishment  and  development  of  New  York's  school  system. 


1913 

Address    before    New    York    State    Teachers    Association,    November    26,    1912,    at 
Buffalo. 

Fitch,  C.  E.    A  history  of  the  common  schools  in  New  York.     1904 

Reprint    from    New    York    State    Department    of    Public    Instruction.     Annual    re- 
port,  1902-3,  p.  1-144- 

Free  School  Clarion.     (Syracuse,  N.  Y.)     Ten  issues. 

July   1850  until  after  election. 

Free  School  Clarion  (Massilon,  Ohio)     October  1846-48 

Free  schools:  American  usage.    Monroe's  cyclopedia  of  education,  2:699 

Germann,  G.  B.    National  legislation  concerning  education.    New  York  1899 

Great  Britain.  Report  of  the  commissioners  appointed  ...  to  inquire  into 
the  education  given  in  schools  in  England  .  .  .  and  ...  in  Scotland  (and) 
on  the  common  school  system  of  the  United  States  and  Canada,  by  Rev. 
James  Eraser.    Sydney  1868. 

Schools  inquiry  commission.     Report  ...  on  the  school  system  of 

the  United  States  and  of  the  provinces  of  Upper  and  Lower  Canada. 
London  1866 

Good,  H.  G.    Benjamin  Rush  and  his  services  to  American  education.    1918 

Bibliography,  p.   3S9-75- 


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Greer,  J.  N.    History  of  education  in  Minnesota.     (U.  S.  Bureau  of  educa- 
tion.    Circular  of  information.     1902.     no.  2) 

Hale,  H.  M.  Grove,  Aaron  &  Shattuck,  J.  C.     Education   in  Colorado, 
1861-85.     Denver  1885 

Hall,  E.  W.     History  of  higher  education  in  Maine.     (U.   S.  Bureau  of 
education.     Circular  of  information.     1903,  no.  3) 
Public  schools,  p.  17—28. 

Henry,  James.    Address  upon  education  and  common  schools.    Albany  1843 

Hinsdale,  B.  A.     Docimients  illustrative  of  American  educational  history. 

U.  S.  Commissioner  of  education.     Report   1892-3,  v.i  -.1222-1414 
Educational  influence  and  results  of  the  ordinance  of  1787.    National 

Education  Association.    Proceedings  1887,  p.  135-40 

History  of  popular  education  on  the  Western  Reserve.    1898.     (Ohio 


Archaeological  and  Historical  Society.     Publications,  6:35-58) 

Hobson,  E.  G.  Educational  legislation  and  administration  in  the  state  of 
New  York,  1777-1850.     Menasha,  Wis.  1918 

Published   also    as   Supplementary   educational    monographs,    University   of   Chicago, 
V.  3,  no.   I,  November  1918. 

Hough,  F.  B.  Historical  and  statistical  record  of  the  University  of  the 
State  of  New  York  during  the  century  1784-1884.    Albany  1885 

Hoyt,  C.  O.  &  Ford,  R.  C.  John  D.  Pearce,  founder  of  Michigan  school 
system,  and  study  of  education  in  the  Northwest.     Ypsilanti  1905 

Illinois.    Prairie  Farmer  (1841-55) 

An   agricultural   paper  which   devoted   much   space  to  important   educational   discus- 
sions. 

Indiana.  Department  of  public  instruction.  Education  in  Indiana:  an 
official  monograph  prepared  for  the  Louisiana  Purchase  Exposition,  St 
Louis  1904.     Indianapolis  1904 

Jackson,  G.  L.  The  development  of  school  support  in  colonial  Massachusetts. 
New  York  1909 

Jones,  C.  E.  Education  in  Georgia.  (U.  S.  Bureau  of  education.  Circular 
of  information,  1888,  no.  4) 

Kemp,  W.  W.  Support  of  schools  in  colonial  New  York,  by  the  Society 
for  the  Propagation  of  the  Gospel  in  Foreign  Parts.  1913.  Teachers 
College,  Columbia  University.     Contributions  to  education,    no.  56 

Kent,  R.  A.  State  aid  to  public  schools  in  Minnesota.  (University  of 
Minnesota.    Studies  in  social  science,  no.  11  April  1918) 

Kiehle,  D.  L.     Education  in  Minnesota.     Minneapolis  1903 

Kilpatrick,  W.  H.  The  Dutch  schools  of  New  Netherland  and  colonial 
New  York.     (U,  S.  Bureau  of  education  bulletin,  1912,  no.  12) 

Knight,  G.  W.  History  and  management  of  land  grants  for  education  in 
the  northwest  territories.  Papers  of  the  American  Historical  Association, 
V.  I,  no.  3,  1885) 

Lane,  J.  J.  History  of  education  in  Texas.  (U.  S.  Bureau  of  education. 
Circular  of  information,  1903,  no.  2) 

43 


674  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

Lewis,  A.  F.  History  of  higher  education  in  Kentucky.  (U.  S.  Bureau 
of  education.     Circular  of  information,  1899,  no.  3) 

Public  school  system,  p.  328-43. 

McCaskey,  J.  P.  Samuel  Breck  who  wrote  the  first  common  school  law, 
Thaddeus  Stevens,  the  "  Old  Commoner,"  Thomas  Henry  Burrowes,  the 
organizer  of  the  school  system.  Pennsylvania  School  Journal,  67:185-202 
(November  1918) 

McCrady,  Edward.  Education  in  South  Carolina  prior  to  and  during  the 
Revolution.  (In  South  Carolina  Historical  Society.  Collections,  v.4, 
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Maddox,  W.  A.  Free  school  idea  in  Virginia  before  the  Civil  War;  a 
phase  of  political  and  social  evolution.  1918.  Teachers  College,  Columbia 
University.    Contributions  to  education,  no.  93 

Martin,  G.  H.  The  evolution  of  the  Massachusetts  public  school  system. 
1894 

Martin,  George.  Public  school  pioneering:  a  reply.  Educational  Review, 
4:34-46  (June  1892) 

A  reply  to  Doctor  Draper.     See  Educational  Review,  3:313-36    (April   1892). 

Public  school  pioneering:  final  statement  of  the  Massachusetts  claim. 

Educational  Review,  5:232-42  (March  1893) 

Massachusetts  doctrine  of  free  schools.  American  Journal  of  Education, 
^7:63  (January  1877).    Also  in  15:15-16  (March  1865) 

Mayes,  Edward.  History  of  education  in  Mississippi.  (U.  S.  Bureau  of 
education.     Circular  of  information,  1899,  no.  2) 

Mayo,  A.  D.  The  American  common  school  in  New  England  from  1790- 
1840.     U.  S.  Commissioner  of  education.     Report  1894-95,  v.i :  155 1-1651 

The   American   common    school   in    New   York,    New   Jersey   and 

Pennsylvania  during  the  first  half  century  of  the  republic.     U.  S.   Com- 
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The  American  common  school  in  the  southern  states  during  the  first 

half  century  of  the  republic,  1790-1840.    U.  S.  Commissioner  of  education. 
Report  1895-96,  V.I  :267-338 

Common  school  in  the  southern  states  beyond  the  Mississippi  river 


from   1830-60.     U.   S.   Commissioner  of  education.     Report   1900-01,  v.i 
357-402 

Development  of   the   common   schools   in   the  western   states   from 


1830-65.    U.  S.  Commissioner  of  education     Report  1898-99,  v.i  :357-45o 
Education    in   the   northwest   during  the   first   half   century  of   the 


repiiblic,    1790-1840.     U.   S.   Commissioner  of  education.     Report   1894-95, 
v.i:i5i3-SO 

Horace  Mann  and  the  great  revival  of  the  American  common  school, 


1830-50.     U.  S.  Commissioner  of  education.     Report  1896-97,  v.i  :7i5-67 
Organization  and  development  of  the  American  common  school  in 


the  Atlantic  and  central  states  of  the  south.  1830-60.    U.  S.  Commissioner 
of  education.     Report   1899-1900,  v.i  :427-562 


FREE  SCHOOLS  6/5 

Mayo,  A.  D.  The  organization  and  reconstruction  of  state  systems  of  common 
school  education  in  the  North  Atlantic  states  from  1830  to  1865.  U.  S. 
Commissioner  of  education.     Report  1897-98,  v.i  :355-486 

Original  establishment  of  state  school  funds.     U.  S.  Commissioner 

of  education.     Report  1894-95,  v.2:i505-ii 

Public  schools  during  the  colonial  and  revolutionary  period  in  the 


United  States.     U.  S.  Commissioner  of  education.     Report  1893-94,  v.i : 
639-738 

Mead,  A.  R.  The  development  of  free  schools  in  the  United  States  as 
illustrated  by  Connecticut  and  Michigan.  1918.  Teachers  College,  Coliunbia 
University.    Contributions  to  education,  no.  91. 

Meriwether,  Colyer.  History  of  higher  education  in  South  Carolina,  with 
a  sketch  of  the  free  school  system.  (U.  S.  Bureau  of  education.  Circular 
of  information,  1888,  no.  3) 

Miller,  E.  A.  History  of  educational  legislation  in  Ohio  from  1803  to  1850. 
1918 

Thesis   (Ph.D.)    University   of  Chicago,   1915.     Reprinted  from   Ohio  Archaeological 
and  Historical  Quarterly,   27:1—2   (January  and  April   191 8). 

Moore,  E.  C.  Fifty  years  of  American  education :  a  sketch  of  progress  of 
education  in  the  United  States  from  1867  to  1917.     1917 

Moores,  C.  W.  Caleb  Mills  and  the  Indiana  school  system.  (Indiana  His- 
torical society  publications  v.3;  n.6,  1905,  p.  360-638) 

Motley,  John.    The  struggle  for  national  education.    London  1873.    p.  105 

Morrison,  A.  J.  The  beginnings  of  public  education  in  Virginia,  1776-1860. 
1917 

Issued  by  Virginia  State  board  of  education. 

Mowry,  W.  A.  The  first  American  public  school.  U.  S.  Commissioner  of 
education.     Report  1902,  v.i  :54i-50 

Murray,  David.  History  of  education  in  New  Jersey.  (U.  S.  Bureau  of 
education.     Circular  of  information,  1899,  no.  l) 

National  convention  of  the  friends  of  education,  Philadelphia.  Pro- 
ceedings, 1849,  1850 

New  Jersey.     An  address  lo  the  people  of  New  Jersey  on  the  subject  of 

common  schools.    1838 
Addresses  in  reference  to  free  high  schools  before  the  leg^islature, 

March  1,  1871  (Doc.  37) 

Maclean,  John.    A  common  school  system  for  New  Jersey.    January 


23,  1828 

Address  before  the  Literary  and   Philosophical   Society  of  New  Jersey. 

New   Jersey    life    board    and    literary   standard,    published   twice    a 


month.     V.I,  no.   I,  issued  September  24,  1853 

Proceedings    of    public    meeting    of    the    friends    of    education    at 


Trenton,  November  11,  1828 

Newark  sentinel  of   freedom:   twenty  essays  on  education  between 


August  26,  1828,  and  January  27,  1829 

Probably  contributed  by  Professor  John  Maclean. 


676  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

New  Jersey.  Hoagland,  C.  C.  Address  advocating  free  schools  before  edu- 
cational convention  held  at  Trenton,  New  Jersey,  October  20,  1853 

"  Address  printed  and  widely  circulated." 

Nev7  York  state  convention  of  teachers  and  friends  of  education.  Pro- 
ceedings, October  1830 

First    convention    held    in    Utica.     Recommended    a   more    general    assemblage   at   a 
future  day  and  recommended   a  United   States   convention   of  teachers  to   be  held   in 
May  1831. 

Address,  Utica,  1831 

Address  of   state  convention   held  at   Utica  January   12—14,   1831,  with   an  abstract 
of  the  proceedings  of   said  convention. 

New  York  state.  Messages  from  the  governors,  edited  by  C.  Z.  Lincoln. 
II  vol.    1683-1906.    1906 

See  also  entry  Wyer  &  Groves  Index  to  governors'  messages,   1777-igoi. 

Noble,  S.  G,  Forty  years  of  the  public  schools  in  Mississippi  with  special 
reference  to  the  education  of  the  negro.  1918.  Teachers  College,  Columbia 
University.    Contributions  to  education,  no.  94 

Orth,  S.  P.     The  centralization  of  administration  in  Ohio.     New  York  1903 
(Columbia   University,    Faculty   of   i>olitical   science.     Studies   in   history,    economics 
and  public  law,  v.   16,  no.  3). 

Parker,  L.  F.  Higher  education  in  Iowa.  (U.  S.  Bureau  of  education. 
Circular  of  information,  1893,  no.  6.    Public  schools,  p.  19-46) 

Patterson,  J.  W.   National  aid  to  education.  Education  5:413-24  (May  1881) 

Pennsylvania  society  for  the  promotion  of  public  economy.  Report  of 
the  committee  on  public  schools.    Philadelphia  1817 

Perry,  W.  F.  The  genesis  of  public  education  in  Alabama.  (Alabama 
historical  transactions,  2:14-27) 

Phillips,  C.  A.  A  history  of  education  in  Missouri;  the  essential  facts 
concerning  the  history  and  organization  of  Missouri's  schools.  Jefferson 
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Plan  for  public  schools  in  Pennsylvania;  added  thoughts  on  education  in 
a  republic 

Powell,  L.  P.  History  of  education  in  Delaware.  (U.  S.  Bureau  of  educa- 
tion.    Circular  of  information,  1893,  no.  3) 

Pratt,  D.  J.  Annals  of  public  education  in  the  state  of  New  York  from 
1626  to  1746.    Albany  1872 

Putnam,  Daniel.     Development  of  primary  and  secondary  public  education 

in  Michigan.    Ann  Arbor  1904 
Rammage,  B.  J.     Social  government  and  free  schools  in  South  Carolina. 

Johns  Hopkins  University  studies,  v.  I,  no.  12.    1883 

Randall,  S.  S.    Common  school  system  of  the  state  of  New  York.    Troy  1851 

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Albany  1844 

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from  its  origin  in  1795  to  the  present  time.     N.  Y.  1871 


FREE  SCHOOLS  677 

Rawles,  W.  A.  Centralizing  tendencies  in  the  administration  of  Indiana. 
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(Columbia  University.  Faculty  of  political  science.  Studies  in  history,  economics 
and  public  law,  v.  17,  no.  i.) 

Riggs,  J.  H.    National  education.     1873 

Contains  chapter  on  School  education  in  the  United  States. 

Schafer,  Joseph.  The  origin  of  the  system  of  land  grants  for  education. 
(Bulletin  of  the  University  of  Wisconsin.    History  scries  v.  i,  no.  i,  1902) 

Shinn,  J.  H.  History  of  education  in  Arkansas.  (U.  S.  Bureau  of  educa- 
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Smith,  C.  L.  History  of  education  in  North  Carolina.  (U.  S.  Bureau  of 
education.     Circular  of  information,  1888,  no.  2) 

(The)  state  and  education:  the  right  and  duty  of  the  state  to  establish 
public  schools.  American  Journal  of  Education,  li  :323-29  (June  1862)  ; 
13:717-24  (December  1863);   14:401-8  (September  1864) 

Includes  .American  opinions  and  practice,  also  the  First  school  law  of  the  colonies 
of  Massachusetts,  Connecticut,  New  Haven  and  Plymouth,  and  leading  English 
authorities. 

Stearns.  J.  W.,  ed.  Columbian  history  of  education  in  Wisconsin.  Mil- 
waukee 1893 

Steiner,  B.  C.  History  of  education  in  Connecticut.  (U.  S.  Bureau  ef 
education.     Circular  of  information,  1893,  no.  2) 

History  of  education  in   Mar>iand.      (U.   S.   Bureau   of   education. 

Circular  of  information,  1894,  no-  2) 

Stevens,  Thaddeus.  A  plea  for  public  schools.  U.  S.  Commissioner  of 
education.     Report  1898-99,  v.  i  :5i8-24. 

Two  memorable  speeches  on  behalf  of  general  education.  Pennsyl- 
vania School  Journal,  39:325-37  (February  1891).  Speeches  of  1835  and 
1838 

Stewart,  R.  M.  Cooperative  methods  in  the  development  of  school  support 
in  thv?  United  States.     1914 

Ph.D.   degree  thesis.   State   University  of  Iowa. 

Stockwell,  T.  B.  History  of  public  education  in  Rhode  Island,  1638-1876. 
Providence  1876 

Suzzallo,  Henry.  The  rise  of  local  school  supervision  in  Massachusetts. 
New  York  1906 

Swett,  John.  History  of  the  public  school  system  of  California.  San 
Francisco  1876 

Swift,  F.  H.  A  history  of  public  permanent  common  school  funds  in  the 
United  States,  1795-1905.     191 1 

Early  sources  of  school  support  and  evolution  of  public  permanent 

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Teachers'  Advocate,  1845-52 

Official  organ  of  the  New  York  State  Teachers  .\ssociation.  Contains  many  refer- 
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Higher  education  in  Tennessee.  U.  S.  Bureau  of  education.  Circular  of 
information,  1893,  no.  5,  p.  282-87 

Tolman,  W.  H.  Higher  education  in  Rhode  Island.  (U.  S.  Bureau  of 
education.     Circular  of  information,  1894,  no.  i)     Public  schools,  p.  13-31 

Updegraff,  Harlan.  The  origin  of  the  moving  school  in  Massachusetts, 
1908.  Teachers  College,  Columbia  University.  Contributions  to  education 
no.  17) 

Van  Slyke,  Nicholas.  The  right  and  duty  of  the  state  to  educate  its  children. 
American  institute  on  instruction.    Proceedings,  1886,  p.  191-201 

(Mr)  Wadsworth's  efforts  in  behalf  of  common  schools.  American 
Journal  of  Education,  5:395-406  (September  1858)  Also  in  v.  15:249-60 
(June  1865) 

Webster,  Daniel.    Tribute  to  the  policy  of  New  England  concerning  common 
schools.     American  Journal  of  Education,  i  :59l    (May  1856) 
Extract  from  Centennial  address  at  Plymouth  1822, 

Whitehill,  A.  R.  History  of  education  in  West  Virginia.  (U.  S.  Bureau 
of  education.     Circular  of  information,  1902,  no.   i) 

Whitten,  R.  H.     Public  administration  in  Massachusetts.     New  York  1898 
(Columbia   University      Faculty  of  political   science.     Studies   in   history, 
economics  and  public  law,  v.  8,  no.  4) 
Includes   Public   schools,   p.    19—36. 

Wickersham,  J.  P.    A  history  of  education  in  Pennsylvania.     1886 

Woodburn,  J.  A.  Common  school  system  of  Indiana.  In  his  Higher  educa- 
tion in  Indiana.  U.  S.  Bureau  of  education.  Circular  of  information, 
1891,  no.  I,  p.  36-73 

Wyer,  M,  G.  &  Groves,  C.  E.  Index  of  New  York  governors'  messages, 
1777-1901.     1906  (New  York  State  Library.    Bulletin:  Legislation  no.  26> 


INDEX 


Academies,    authorized,    7 
Acts,   early   legislative   references  to 
free    schools,    76-82;    appropria- 
tions   for   the    support   of    com- 
mon  schools   for  year  1849  and 
1850,  text,  197 
i/O^,  for  the  encouragement  of  a 
grammar  free  school  in  the  city 
of  New  York,  22 
1^32,  to  encourage  a  public  school 
in    the    city    of    New    York    for 
teaching  Latin,  Greek  and  mathe- 
matics, 22 
1784,  providing  funds  for  the  sup- 

por't  of  the  schools,  25 
^795,    7;    ^795,  and    J796,    text    of 

26-33 
j8i2,  34-51;  text  of,  43-51 
1842,  applying  to  New  York  City, 

text,  73-76 
1849,  see  Free  school  act  of  1849 
185J,  free  school  law  of,  419-85 
1853-1868,  523-28 
1867,  on  rate  hill,  text,  548-55 
1917,   important  laws,   565-629 
Agriculture,  act  to  amend  Education 
law,  relative  'to  employment  of  di- 
rectors of,  626-27 
Appropria/tions,   act   for   the   support 
of  common  schools   for  year  1849 
and  1850,  text,  197 

Bibliography  of   free  schools,  670- 

78 
Board    of    education    in    the    several 

cities    of    the    State,    text    of   law, 

586-604 
Bowdish,   John,   sketch   of,    119-20 

Campaign     before     the     November 

election  in  1850,  314-418 
Clark,    Governor,    on    public    school 

question,  528-32 


Clinton,  Governor  De  Witt,  extracts 
from  messages  on  the  "  State  and 
edoication,"  52-53 

Clinton,  Governor  George,  recom- 
mended that  provision  be  made  for 
education  of  children  of  the  State, 
7;   interest  in  public  schools,  25 

Coffin,  Alexander  J.,  sketch  of,  181 

Cole,  Almeron  Hyde,  sketch  of, 
181-82 

Colleges,  colonial,  in  New  York, 
9-24 

Colonial  New  York  City,  evening 
schools,  630-52 

Colonial  schoolmasters.  New  York, 
list,  653-69 

Colonial  schools  in  New  York,  9-24 

Columbia  college.  Kings  college  re- 
organized as,  24 

Common  school  state  convention, 
i846,  101-29 

Common  schools,  foundation  of  our 
state  system  of,  8;  act  of  1795, 
text  of,  26-33;  appointment  of 
committee  to  report  system  for 
organization  and  establishment  of, 
34;  report  of  committee  appointed 
by  Governor  Tompkins,  37-43 ;  act 
of  18 1 2  for  establishment  of,  text, 
43-51 ;  extracts  from  Governors' 
messages  on  the  "  State  and  edu- 
cation," 52-58.  See  also  Free 
schools 

Common  schools.  Superintendent  of, 
communication  from  relative  to 
certain  unpaid  school  moneys,  510- 
II 

Compulsory  education.  559 

Constitutional  convention  of  1846, 
83;  committee  on  education,  118; 
journal,  121-29;  editorial  comment 
on  the  consideration  of  free 
schools  by,  129-47;  views  of 
superintendents,  148-61 


[679] 


68o 


INDEX 


Cook,  James  M.,  sketch  of,  180 
Cooper,  Edward,  sketch  of,  118 
Court  of  Appeals,  decisions  on  free 

school  law,  515-23 
Crandal,  W.  L.,  address  before  On- 
ondaga   county    teachers    institute, 
314-34 

Defective  children,  act  to  amend 
Education  law  by  providing  for 
education  of,   626-29 

Draper.  Andrew  S.,  on  rate  bills, 
545-46 

Dutch,  schools  under,  9-19 

Editorial  comments,  on  the  consid- 
eration of  free  schools  by  consti- 
tutional convention  of  1846,  129- 
47;  on  free  school  act  of  1849, 
199-230;  on  free  school  act  of 
1849,  fight  for  resubmission,  237- 
64;  on  campaign  before  November 
election  in  1830,  334-418;  on  free 
school  act  of  1851,  433-41,  481-85 ; 
on  abolishment  of  rate  bills,  558- 
64 

Education,  after  the  Revolution,  25- 
33;  extracts  from  Governors'  mes- 
sages on,  52-58,  528-36 

Education  law,  amendments  of  191T, 
568-629 

Educational  developmertts  after  en- 
actment of  law  of  1851,  486-510 

English,  schools  under,  19 

Evening  schools  of  colonial  New 
York  City,  630-52 

Fenton,  Governor,  on  public  school 

question,  532-36 
Fine,  John,  sketch  of,  178-79 
Finley,   John    H.,    commimication    to 

Regents    on    legislation    in     191T, 

565-^ 
Fish,  Governor,  message  of  1830  on 

establishment  of   free   schools,  265 
Free   school   act   of   1849,   views   of 

county      superintendents,      162-67 ; 

views     of     state     superintendents, 

167-69;  passage  of  the  bill,  169-77; 

references  to  taken  from  Assembly 


Free  school  act  of  1849  (continued) : 
journal,  182-88;  text,  18S-90; 
references  to  taken  from  Senate 
journal,  190-95 ;  amendments  to, 
196;  vote  by  counties,  197-98;  edi- 
torial comments,  199-230;  me- 
morial of  the  Onondaga  county 
teachers  institute,  203-6;  fight  for 
resubmission,  231-64;  fight  for  re- 
submission, press  comment,  237- 
64;  act  of  resubmission,  action  of 
Legislature  on,  265-79;  act  of  re- 
submission 1830,  text,  280-81 ;  act 
of  resubmission,  report  of  At- 
torney General  in  answer,  to  a  reso- 
lution of  the  Assembly,  282-83 ; 
petition  of  inhabitants  of  Pompey 
for  repeal,  283-85 ;  report  of  com- 
mittee on  petitions  for  amendment, 
286-308;  report,  of  committee  on 
literature  on  a  bill  to  provide  for 
the  support  of  common  schools, 
308-12;  resubmission  law  1S30, 
text,  312-13;  campaign  before  No- 
vember election  in  1830,  314-418 

Free  school  act  of  1831,  419-85 ;  press 
comment,  433-41,  481-85;  legisla- 
tive action.  442-85 ;  to  provide  for 
the  support  of  the  common  schools, 
text,  469-71 ;  to  establish  free 
schools  throughout  the  State,  text, 
471-74;  amending  law  of  1831,  text, 
474;  educational  developments  after 
enactment  of,   486-510 

Free  schools,  early  schools,  7-8;  edu- 
cation after  the  Revolution,  2^.-33; 
period  1826-46,  52-82;  early  legis- 
lative references  to,  76-82;  con- 
stitutiona!  convention  i846,  83-101 : 
support,  discussion  on,  83-101 ; 
legislation  from  1833-1868,  523-28; 
bibliography,  670-78.    See  also  Acts 

Geddes,  George,  sketch  of,  181 
Governors'   messages,   extracts    from 

52-58,  528-36 
Grammar  school,  first  founded  west 

of  Albany  at  Cherry  Valley  in  17  fS, 

23 


INDEX 


68l 


Hale,  Benjamin,  letter  from,  509-10 

Hamilton,  Alexander,  interest  in  pub- 
lic schools,  25 

Harringrton,  Henry  Francis,  sketch 
of,  117 

Hawley,  William  M.,  sketch  of,  177- 
78 

Henry,  Mr,  remarks  and  report  on 
free  school  resolution,  1 12-16 

Homemaking,  act  to  amend  Educa- 
tion law  relative  to  employment  of 
directors  of,  626-27 

Hunt,  Governor,  message  on  free 
schools,  442-43 

Hunt,  John  H.,  sketch  of,  121 

Jay,  John,  interest  in  public  schools, 

25 
Judicial  decisions  on  free  school  law, 

515-23 
Kings  college,  established,  23 

Latin  schools,  21 

Lawrence,  John  L.,  sketch  of,  180- 
81 

Laws,  see  Acts 

Legislative  references,  early,  to  free 
schools,  76-82 

L'Hommedieu,  Ezra,  in'terest  in  pub- 
lic schools,  25 

Livingston,  interest  in  public  schools, 
25 

Long  Island,  schools  of,  24 

Mann,  Horace,  address,   102-11 

Marcy,  Governor  William  L.,  ex- 
tracts from  messages  on  the  "  State 
and  education,"  53-55 

Marion,  General,  remarks,  85-89 

Martin,  Frederick  Stanley,  sketch  of, 
179 

Massachusetts  public  school  system, 
evolution  of,  68-70 

Mechanic  arts,  act  to  amend  Educa- 
tion law  relative  to  employment  of 
directors  of,  626-27 

Morgan,  Governor,  on  public  school 
question,  532 


iforgan.  Superintendent,  comments 
upon  act  for  establishment  of  free 
schools,  231-37;  comments  on  edu- 
cational situation.  419-25 ;  on  the 
new  school  law,  474-79 

Munro,  David,  sketch  of,  1 18-19 

New  Rochelle,  school  buildings  in,  ^4 

New  York  City,  colonial,  evening 
schools,  630-52 

New  York  City,  Legislature  in  1842 
extended  pro\-ision  of  general 
school  law  to  apply  to,  73 

New  York  colonial  schoolmasters, 
list,  653^ 

Newspapers,  editorial  comments,  on 
consideration  of  free  schools  by 
constitutional  convention  of  1846, 
129-47;  on  free  school  act  of  1849, 
199-230;  on  the  fight  for  resub- 
mission of  free  school  act  of  1849, 
237-64;  on  free  school  law  of  1849 
campaigrn  before  November  election 
^  ^^50,  334-418;  on  free  school 
act  of  1851,  433-41,  481-S5;  on 
abolishment  of  rate  bills,  558-64 

Nicoll,  Henry,  sketch  of,  118 

Potter,  Professor,   address,  89 

Private  schools,  7,  19;  opposition  to 
use  of  public  funds  for,  511-15 

Public  Instruction,  State  Department 
of,  created.  486;  extracts  from  re- 
ports, 488-510 

Public  schools,  sec  Common  schools; 
Free  schools 

Randall,  Henry  S.,  on  free  school 
act  of  1851,  425-33;  report  on 
school  system,  501-5 

Rate-bill  system,  33-51 ;  comments  on, 
537-48;  act  to  abolish,  text.  548- 
55;  press  comments  on  abolishment 
of,  558-64 

Retarded  mental  development,  act  to 
amend  Education  law  by  providing 
for  education  of  children  with, 
627-28 


682 


INDEX 


Regents,  Board  of,  statement  setting 
forth  needs  of  a  system  of  public 
schools,  25 

Revenue,   sources  of,   35-36 

Rhode  Island,  comments  on  history 
of  free  schools  in,  70-72 

Rice,  Victor  M.,  extracts  from  re- 
ports, 488-90,  493-501 ;  on  abolish- 
ment of  rate  bills,  543-45 ;  com- 
ments on  alx)lishment  of  rate  bills, 
556-58 

Roman  Catholics,  report  of  commit- 
tee on  colleges,  academies  and  com- 
mon schools,  on  petition  of  certain, 

511-15 
Rycrson,  Egerton,  sketch  of,  72-73 

Scholarships,  act  of  lySs  as  germ  of 
law  of  1912  establishing,  23 

School  elections  in  certain  cities,  text 
of  law,  604-10 

School  moneys,  unpaid,  510-23 

Schoolmasters,  New  York  colonial, 
list,  653-69 

Schools,  see  Common  schools;  Free 
schools 

Seward,  Governor  William  H.,  ex- 
tracts from  messages  on  the  "  State 
and  education,"  55-58 

Seybolt,  Robert  Francis,  Evening 
schools  of  colonial  New  York  City, 
630-52;  New  York  colonial  school- 
masters, list,  653-69 


Society  for  the  Propagation  of  the 
Gospel  in  Foreign  Parts,  20 

State  aid  for  public  schools,  7 

Statistics,  comparative  table  of  in  the 
cities,  etc.,  of  this  State,  93 

Stevens,  Thaddeus,  a  plea  for  public 
schools,  59-66;  sketch  of,  67-68 

Tamblin,  John  W.,  sketch  of,  181 

Taxes,  sec  School  moneys 

Teachers  retirement  fund.  New  York 
city,  text  of  law,  610-26 

Thomson,  Professor  James  Bates,  re- 
marks and  report  on  free  school 
resolution,  1 12-16;  sketch  of,  117 

Tompkins,  Governor,  appointment  of 
committee  to  report  system  for  the 
organization  and  establishment  of 
common  schools,  34;  report  of 
committee  appointed  by,  56-43 

Town  board  of  education,  text  of 
law,  568^5 

University  of  the  State  of  New 
York,  7,  25 

Valentine,  Thomas  Weston,  sketch 
of,  116 

Van  Dyck,  H.  H.,  excerpts  from  re- 
ports, 490-93 

Willard,  Horace  Kemper,  sketch  of, 
121 

Young,  Andrew  W.,  sketch  of,  120 


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